General Court Martial Orders

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GENERAL COURT MARTIAL ORDERS

FROM THE

HEADQUARTERS

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18

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CLA,^

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2 -i-/ V? a

I

INDEX OF CxENERiL ORDERS,

^eabqnartcrs ^Department of tlic lllissouri.

NAMES.

Alexander, A. J. 81 Garrard, Kenner 18 Archiimbault, Joseph 15 Gearhart, William 35

Graham, J. D. 19 ]}abb, .John IS Green, Franklin, .35 Habcock, Emerson I>. 15 Gritsner, Animed 14 liahen, Fenton 15 Heck, Henrv 14 Hafl'ord, Michael 34 Bonneville,"B. L. K. a Ilasselrass, W^illiam 34 Bower, John \V. 35 Henry, William 34 liradley, Cliarles M. 15 Holmes, B\irnham 14 Brotherlioad, Charles W. :u House, Edward \\\ i;i Brown, Edward W. 14 Howard, Peter i:; Byrnes, Patrick 34 Hunt, .John 15

Carleton, James II. 17 Ireton, William ''7 Carroll, Charles 13 Carson, Christopher C. 31 Jenkins, Samuel 14 Chadwick, (Jeorjre 27 Johnese, Charles 1 5, 27 Clarke, Francis 15 Collins, Patrick. 14 Keller, John 34 Cook, Charles 13 Kennedy, Henrv 14 Cross, Anthony 35 Kelly, Edward ' 15

Darby, Frederick 13 Lening, Henry 15 Davis, Newton 13 Davidson, John \V. 18 Malloy, Samuel 13 Davis, John 34 McCarthy, John 34 Dixon, James W. 5, 23 McCoy, .John 34 Donnelly, Patrick 34 McDermott, .James B. 15

McKeever, Channcey < Einloth, Charles 34 McMillian, John ,3.")

Emerick, John \. 27 McNamara, Wm. 34 Evans, Robert .30 McRea, James. 21

Miller, John 15 Finn, John 14 Miller, Jjewis 35 Flynn, Charles 15 Mitchell, liobert 34 Friend, William 14 Mitchell, W. G. lit Friedel, Edmund 34

Oliiey, Orrin D. (VNeil, James

Pattee, Abaci-, I*eiminiaii, Frank I'enrope, AVilliain II. Pope, John

Kadcliffe, Daniel, Ranil)one, Jolui Reynolds, Frank Knssell, Frank I). Ryer, B. F.

Sciiniidt, Henry Shearer, James D. Sheldon, James V>. Sloan, P. F. Smith, James

10,

15 Smitii, Frank 85 Sullivan, James

15 ;}5 IS

1

14

Tliohahin, Peter Toman, C'arleton Tyler, (leorjê

Vânderpool, Morris

27 Waddell, James ;r) Walsli, Micliael l:^ Walsh, William 4 Weaver, Levi

Welsii, John 27 Williams, Peter 15 Williams, John 27 Williams, (leoriê 29 I Wilson, W. P. 'M I Wilson, Jolin

14 27

34 13 35

14

14 14 27 35 I 34 14 34 :v> 23

2

IIEAI)(,)IAKTEKS DEl'AKTilKNT OF THE JtlLSSOURI,

ST. TiOiis. ^lo.. Joinictry llf/i, 18GG.

GENEKAL OKDEIJ.^

No. :i. j

I . . . Hofore tho Goiionil Court Martial wliicli convoiu'il at Fort Lcavciiwoitli, Kansas, pursuant to Special Order No. 114, current series, fi-oui tliesc Ileailquarters, and of Avliicli Brigadier and Brevet Mnjor-OeiU'ial ^y. I>. ELLIOTT, I'nitcd States Volunteers, is Pres- ident, were arrai<>ned and ti-ied:

l.s^. Ja)nes liilry, private, of Company "A," IStli I'nited States Infar.try. on tiie followinir charge and speeitication:

CHARGK:

•'])n(i/kciiiirsK (III (/Hard.

SrFxiP'U'A rioN: "In tliis, that lie. tlie said James liUey, private, of Company 'A,' 18tli United States Infantry, haviii.<4- been ie<i:ularly detailed as member of llie <;Tiai'd, and posted as a sentinel, did become drunk on his post or <iuard, before lie was refjularh' relieved—so nuicli so as to be totally incapable of performint;" bis duty. This at Fort Leavenworth, Kansas, on or about the 25th day of December, 1SG5."'

To wliich charge and speeitication the prisoner pleaded ' •GuiUy."

Fixpixr.:

The Court, haviuf? maturely considered the evidence adduced, tlnds tlie prisoner as follows:

Of the specification, '' Guiliy. Of tlie charge, •■'■Guilty.''

SEXTEN'CE:

And tlie Court does, therefore, sentence him, the said James

Rlley, private, Company "A," 18th Unitcfl States lufuiitiy, "to be coiitlned, ia cliarge of tlie guard, at liard labor for thi' period of three (3) moiitlis."

Finding and sentence contirined. Tlie sentence will be carried into eflfect, under the direction of tlie commanding oilicer, at Fort Leavenworth. Kansas. *

-Id. Fi-anh S))iUli. private, of Companj' "B,'' -1th Uniled States Light Artillery, on the following charge and spccilieatiou:

CHARGE:

•' Desertion.''

SPECii'iCATiox: "In this, that, lie, the said Frank Smith, private, of Company 'IJ.' itli United States Artillery, having been (Inly enlisted as a soldier in the service of the United States, did absent himself from and desert the said service, by leav- iughiscamp and company in front of Petersburg, \'irgiiiia. on or about llie iJd day of July, ISli-l, without" i)ernrissi()n from i)roper aulhoiity, and did remain absent therefrom until on or about the ±1([ day of December, 18G5.''

To Avhieh charge guilty."

and specilicalion tlie prisoner pleaded '-Not

The Court, liaving maturely considered the evidence adduced, finds the prisoner as follows:

Of the specilicalion, ^'■Kut Guilty.'''' Of the charge, ' 'Not Guilty.''

And the Court does "acquit him, the said Frank Simtli. private, Battery 'B,' 4th United States Light Artillery.''

Finding and acquittal confirmod. from arrest and returned to dutv.

The prisoner will be released

II...Before a General Court Martial which convened at Fort Craig, New Mexico, pursuant to Special Order No. 22, current series. Headquarters Department of New Mexico, and of which Lieutenant-Colonel EDWI.V A. KICG, 1st Veteran Infantry, Cal- ifornia Volui»teei-s, is President, was arraigned and tried:

Jose Baldais, pi'ivale, of Compain^ "II," 1st Cavalry, Califor- nia Yohmteers, on the following chai'ges and specilications:

CIIAKGK LST:

^

' 'Murder."'

SrECiFiCATiox 1ST: "la this, tliiit lio, the said Jose Bafdais, private, of Company 'H,' 1st Cavahy, Callfonii:i Volunteers, (lid, Avitli malice at'oi'ethou<>ht, Avillfnlly murder private Charles S. Foote, of t^'ompany 'E,' Isl Veieran Infantiy, ("alifornia A"olunteei-s, at, oi- near the town of La Mesa. This on or about the 2Ist da}' of April, 18G5.' *

Sri:ciFK'ATU)X 2D: ''In this, that he, the said Jose Baldais. ])rivate. Company -11,' 1st Cavalry. California Volunteers, (lid, with maliee aforethought, Avillfully murder or take the life of })rivate Charles 8. Foote, Company 'E,' lst Vei- eran Infantry, California Voluiiteei's, usin<>"for the pur[)ose some blunt instrument or ûn. and did (ioneeal tl:e body of said Charles 8. Foote by tlirowinji' or plaeiii"- said body in the liio (Jrande. at or near the town of La M(!sa. This on or about the "ilst day of Ai)ril. ISGr)."

cn.\i{(iK lv>:

' 'Absence wlt/iout leave.'"

SrECiFiCATiox: "In this, that he, the said Jose BaldaLs, private, of Company "11,' 1st Cavalry, California Volunteei'S, did absent himself from his company from î-uard mount, on the 2Uth day of April, 1805, imtil 12 o'clock jioon. on the 2;5d d;!y of April. 18(55, without proper authority. This at or near Fort Ci'ai":, New JMexico.''

1 To which chargcj

follows: and spoeifioatioas the prisoner pleaded a>

To the first specification, first chai-jre. ' • Not Guilty.^'' To the second specification, first char^'ê, "-Not Gidlty. To the first chartje, "Not Guilty.'''' To the specification, secand cliai'»e, '•Gu'dty.^'' To the S(!Cond charge, ' • Gu'dty,''''

Tlie Court, having maturely considered tlie evidence adtliic-ed, finds the prisoner as follows:

Of the first specification, first cliargj, "Not Guilty.'''' Of the second specification, first cliarge. "Not Guilty.'''' Of the first charge, "Not Guilty.'' Of the specification, second charge "Gu'dty."' Of the second charge. "Guilty.'"

- ■m^jm-f, •s'^v.^.tjf?

SKXTENCK:

And the Couit does, tliorofore, scMiteiicc luni. Jose Balduis, \n-\- viite, of Compaiiy "'11," l.<t C'avaliy, California A'cliniteers, "to bo confined, in charge of the guard, and foifeit to tlie United State< ten dollars of his nionthly pay, for one month.""

Tlie record in this case does not show that the (,'ourt convened I)nrsnant to the oi'der constituting' it. A slip of paper wafered on the record has a list of ' •present'' and • -absent.'' Tliis is not in conformity witli paragraph ^08. Army Kegulations, and tlie list does not specif}' the company, regiment or organization of a single officer named.

'i'he adjournment of August i4th was ••without day," 'i"he Court then meets on the 22d .\ugust, ''pursujuit to order convening it. and to adjournment from Monday, the 14th inst.''

>;ow, although a General Court Martial reduced to four members, and adjourning sine die, does not thei'cby dissolve itself, yet. in order to meet again, it must be leconvcned by the proper ofHccr. [n this case there is a special order adding to tlie detail, but none reconvening the Court.

'I'hc reviewing officer fails to state his ■•decision and oi'dci's"" (par. S94) at the end of the proceedings.

Tlie procei'dings are disaitproved.

J(AS" Buldalx, [irivate. of Company ••ll.'" l.-t Cavalry. California Voluii!((is. will be I'cleascd from airest and returned lo duty.

Bv coMMAxn OF MAJOIJ-CKVKIJAL Pol'K.

JOIIX 1'. SIIERBUEXE,

Asfiistcnit Adjutatit General,

OFFICIAL:

issis/ant Adjutaiit General,

i

t HEADQlAirrEUS DErARTMKXT OB^ THE MIfciSOUKi,

ST. Loris, Mo., January 21, ISfiC.

GENERAT. ORDERS,

No. 8.

I I.. .Ik'fore a General Court Martial wliioli convoned at St. Louis,

Mo., pursuant to Special Order No. 89, series of 1865, from these Headquarters, and of which Brevet Brigader-General JOHX L.

BKVKitiPGK. U. S. Vol>.. is President, were arraigned and tried:

\.-if. Jolin Ada»)..^. pi-ivate, of ('onipany "IT," 3d V. S. Infantry, on the following' charjres and specitications:

CHARGE 1ST:

' 'Larceny.''

SPKCIKICAIIOX: "'In tliis, tliathe, Jolin Adams. i)rivate, of Coni- ])any 'II,' 3(1 U. S. Infantiy, did feloniously steal, tal<e, and carry away one Government hlanlcet, of the value of S4. (lie property of one Adam Kocli, of tlie same company and I'cgiment, witli intent to api)ropriate tlie same to Jiis own use and ])eiielit. Tiiis at Scliotield Barracl<s. St. Louis, Mo., on or about tlie 1st day ot .January, ISGO.''

CHARGK 2l):

' 'Desertion.''

Si>ECTFiCATiox: "> 111 this, tliathe, .Tolm Adama. iirivate. of (^'oiii- paiiy "11." 3(11'. S. Infantry, a duly-enlisted soldier in the service of the riiited States, did absent himself from and desert the same, on or about the 1st day ot .Fanuary, 18(56, and remained absent until on or about the 4tli day of .'Januarv, 1866. This at Schoiicld Barracks, St. Louis, Mo."'

To which char<>'es and spocitications the pi-isoner pleaded '•'•Not fhdU.y.''

FIX 1)1 xn:

The Court, liaviiifj maturely considered the evidence adduced, linds the prisoner as follows:

Of the speciticaiioii. first cliarg'e, "Guilty,'' exceptin<i' the figures ' '$4. ■' and substiditing therefor the fio-nr.r^ ' '.*7."'

Of the first chnrgc. -'(hil'ly.''

Of die s[)('(ili('ation, second ch;ii'(j-o, "Gi<if/i/," oxcopt tlio tlsjuro :ui(l lettei-s "4tli," iiiul sub.<tittitiiif>- therefor tlio figure and letter ''3d," and except the words "and desert."

Of the second cliarge, ".Yo/ Gui'fi/,"' Imt uMiilfy of •'.ilxonc^ withont leave.''

And the Conrt does, therefore, sentence him, J^>//n Adams, private, of Company "]!,'' 3d U. S. Infantry, -'to be imprisoned for the period of six months, at hard labor, with the loss of oue-lialf of his pa;,- and allowances dnrin^r said imprisonment, under the direction of the General commanding-."'

Finding and sentence contirnied. The stoi)page of pay will be made bv the jjroper otKcer. The sentence of imprisonment will be carri(Hl into etfect at the St. Lonis Military l^i'ison. at St. T.ouis. .Missoni-i,

'Id. Julipard Kcn/icdi/. pi'ivate. of ('on)pany "fr,'" 3d l'. S. Itifantry, on the following cliarf>-e ami sjiecitication :

STKCIFICATIOX: "In tlii-

(']iAii(;i;:

Larcr/n/.

that he. Edn-ard Krnticdy, private, of

To GnUf

Company 'JI,' 3d U. S. Infantry, did feloniously steal, take and carry away one great-coat, of the valuer of .S12, th( ])roperty of one .Tames 11. Smith, ])rivate, of Companv 'II.' 3(1 C 8. Infantry. This at Schotield Barracks. St. "Louis. -■NIo., on or about the 2r)th day of Decembei', LSG.").''

which chai'ge and s])ccitication the prisoner pleaded '•T./;!

yisujsc:

The Court, having matiu'cly considered the evidence adducf'ij, tinds the prisoner as follows:

Of the specification, '' GuUfy.'' Of the charge. •■■G/n'hj. "

SKXTEXCK:

And the Court does, therefore, sentence him, Edu-ard Kouiedy, private, ('ompaiiy "11," 3d U. S. Infantry, '-to be imprisoned lor the period of two (2) years at liard laboi-. witli the loss of one- half of liis pay and allowances during such imprisonment, at such l)lace as the Oeneral commanding sliall direct.""

\

I

3

FiiHlinf>'iUid sfJUi-iice coiiliriuocl. The sloi)i);i^u of pay will be inaile by the proper ofHccr. The sentence of uiiprisonnicnt will be carried into eflfect at the Missouri State Penitentiary, at .Tcffci- son City, Missouri.

II...Before a Genei'al Court Martial -wliieli convened at Fort Leavenworth, Kansas, pursuant to Special Order Xo. 114, series of 18G5, from tliese Headquarters, and of whicli Brevet Major-General W. L. Eu.rOTT, T'. S. Vols.. iv Pi-csidciit. were arraisfued and tried:

Ifit. Henry Johnson, private, of Company "F," 1st Battalion, 13th U. S. Infantry, on the following cbarji^c and specification:

CHAKGK:

' • Desertion.''

Si'KciiicArioN: "In this, that he, ITcnrt/ Jolmson, private, of Company 'F.' 1st Battalion, 13th U. S. Infantry, havin<>- been duly enlisted as a soldier in the uiilitar}' service of the United States, did desert the same by leaving his camp and company on or about the 26tli day of December, 180.'), without perinission from ]iroper authority, and did remain al)sent therefrom until delivered up as a prisoner, on or about the 29th day of December, ISUJ. This at Fort Leaven- worth, Kansas.

To which charge and specification the prisoner pleaded ''Xot Guilty.''

IINDIXC.:

The Court, having maturely considered the evidence addnced, finds the prisoner as follows:

Of the specification, "GHJ/!'J/," except the words -'desert the same by leaving," and substituting in their stead the words "absent himself from.''

Of the charge, '•Not fiuUty," but guilty of '•absence withont leave.

SKNTKNCK:

And the Couil does, Uiereforc, sentence him, the >aid lli,u\j Johnson, private. Company "F," 1st Battalion, 13tli V. S. Infantry, "to forfeit ten dollars ($10) of his pay.""

Finding and sentence confirmed. The stoppage of jiay will be made by the proper officer. The prisoner will be i-eleased from arrest and returned to dnty.

"Id. Francis ^L Cornols, private, (Jonii)any "F," 1st Hattalioi!, 13th U. S. Infantry, on the following charges and specifications:

! IIIAKGK IS-T:

^' Dncn/iC)i/ics3 on guard.'''

SrKC'iFiCATiox: '"Jn tliis, that lie, Francis ]\I. (ornols, priviilc. -^ of (Jompaiiy 'F,' 1st Battalion, 13tli U. S. Iiilaiitiy, liaviiij^-

been iviiiilarlj- detailed as a ineniber of the j^'iiard, and properly posted as a sentinel in ehar^re of prisoners sent ont to ^ work, did become drunk on his <;uard before he was reji'U- ' larly relieved. This at or near Fort Leavenworth, Kansas, on or about the 3d day of Jannarj', 1815G."

CHARGE 2D: I

"Neglect of duty to the prejudice of good order and inilitary discipline.''

SrECii'iCATiox; '"In this, that he, Francis M. Coi-noin, ))rivate. of Company 'F,' 1st Battalion, 13th U. S. Infantry, havinj;- been reji:ularly detailed as a )nend)er of the <j:uard, and properly posted as a sentinel in ehar<>-e of prisoners sent ont to work, did so far neglect his duty as to allow the ])risoiiers in his charjije to get drunk, and did permit one prisoner to make his escape. This at or near Fort Leavenworth, Kan- sas, on or about the 3d day of January, 180G."

To which cliarges and specitieations the prisoner pleadetl -'Xof Guilty.''

FiNDixc;:

The Court, having niaturely considered the evidence adduced, Inids the prisoner as follows:

Of the specification, first charge, '■'Not Guilty." j Of the first charge, ' 'Not Guilty.'' ' Of the specification, second charge, "Guilty," except the words

' 'allow the prisoners in his charge to get drunk, and tlid.'' Of the second charge, '' Guilty.''

SEXTKXCE:

And the Court does, therefore, sentence him. tlie said/'Vrt//m -1/. Comois, private, of Company '-F," 13th U. S. Infantry, "lo forfeit ($8) eight dollars per month of his pay for two nionths."" W

Finding and sentence confirmed. The stoppage of pay will be made by the proper officer. The prisouer will be rel(>ased from arrest and returned to duty.

3d. Michael Laddy, private, of Company "G," 2d IJegiment U. S. Cavalry, on the following chai-ge and specification:

' 'Desertion. ■ '

SPECIFICATION: '"In this, tliat lie. Michael Laddy, an ciili.stetl soldier in tlic service of tlie United States, private, of Com- pany 'G,' 2(1 Keginient U. S. Cavaliy, did desert the said service by leavinji' his camp and company at or near na<;ers- town, Md., on or about tlic 8th day of March, ISli."), uitiiout l)erinission from i)roper authority, and did remain absent tiierefrom until delivered up as a i)risoner at Fort Leaven- worth, Kansas, on or about the 20th day of December, 1805.''

To which charire and spocilication the prisoner pleaded ^^Not Guilty.''

The (ouit, liavinji' maturely considered the evidence adduced, tiiuls the [)i'isoner as follows:

Of the speellieation, ''GuiltyT except the woi'ds "as a i)risoiier." Of the chai-g-e, "Guilty.''

SKM E.NCK :

And the (.'ourt does, therefore, sentence him, tlie said Michucl Laddy, private, of Company "G," 2d U. S. Cavalry, "to make ^•ood to the United States the time lost by desertion, and to forfeit ($10) ten dollars per month of his pay for three months."'

Findin<^ and sentence conlirmed. Tiie stoppage of pay will be made b}- the proper otlieer. The remainder of the sentence will be carried into execution under the direction of the commanding ofticer 2d U. S. Cavalry. The prisoner will be released from arrest and returned to his command.

4th. Jiuiiea Lony, ])rivate, of Light Company ••li," 4th U. S. Artillery, on the following charge and si)ecitlcation:

''Drunkomens on guard.'"

SPECIFICATION: ''In this, that he. Jmne.s Long, private, of Ligiit Conipany "JJ,' 4tli U. S. Artillery, having been regularly detailed and mounted as a member of the guard, did get drunk on his guard, so much so that he was incai)able of pei'forming his duties as a sentinel. This at Fort Leaven- worth, Kansas, on or about the lOtli day of Jaiuiary, 1860.''

To which charge and specification the prisoner pleaded ''Guilty.''

The Court, lmviii<? luatiu-ely coii-siikn-od the evkleiice adduced, tinds the prisoner as follows:

Of the specification, ' • Guilty."' ()f the eharo-e, ' • Guilty.''

SK.vTK.\<i;:

And the Court does, therefore, sentence him. the said Jdoip.'s Long, private, of Lig-ht Coinpanj' 'B," 4th U. S. ArtilkMy, ''to be confined at hard labor in chai-^e of tlie guard for tlie period of two months."

Finding and sentence conlirmed. The sentence of imprison- uieiit will be carried into effect at Fort Leaven worth, Kansas, under direction of the commanding olHcer at that post.

Bv cojiMAXD OF MAJOH-GKXKRAL FOI'K.

JOHN r. SnERBURNE,

Assistaiit AiJjutayit General.

OKIICIAJ.:

"^ssistmit Adjutant Generai.

HEADQUARTERS. DEPAllTMEXT OF THE MISSOURI,

St. Louis, Mo.. Jautiary 24. 18GG.

GENERAL ORDERS,

No. 9.

[....Before a General Court Martial ■which convened at St. liOni.s, Mo., pursnant to Special Orders No. 89, series of 18G5, from tliese Headquarters, and of which Brevet Brigadier-General JOHN L. BEVEmDCii:, U. S. Vols., is President, were arraigned and tried:

\st. Thomas Mackay, private, Company "'F,"* 3d U. .S. In- fantry, on the following chai'ge and specilication :

CIIAHGK:

^'■Desertmi."'

STKCIFICATION : '"Tn this, that he, Thomas MacJ;ay. private, Com- ]>any 'F,' 3(1 U. S. Infantry, a duly-enlisted soldier in the service of the United States', did. on or about the 2.5tli day of December, 1805. absent himself from and desei-t the said service, at St. Louis, Mo., and remain absent until on or about the 2d day of January, I8GG.''

To which charge and specification the prisoner j)leaded Ouilfy.''

'Not

Tlie Court, having maturely considered the evidence adduced, finds the prisoner as follows:

Of the specification, ' '■Guilty,'' except the words • -and desert.'' Of the charge, ''Not guilty,-'' but guilty of "absence without

leave.''

SENTEXCE:

And the Court does, therefore, sentence him, Thomas Mackay, private. Company 'F,' 3dU. S. Infantry, "to be imprisoned for

the period of two (2) months at hard hxbor, with the lo.*s of one- half of his pay and allowances durinof said imprisonment, nnder the direction of the General commanding.''

Finding and sentence confirmed. The stoppage of pa\' will be made bj' the proper officer. The sentence of imprisonment will be carried into etteet at the St. Louis Military Prison, at St. Louis, Missouri.

'Id. EuHtice Wiszuvki. private, of Company '"A."' 2d Bat- talion L'5th U. S. Infantry, on tlie following charge and specitlcation:

( HAKGK:

•' De-iertion.'"

Si'KciFiCATiox: -'Litliis. that he, Eu.siu-c. H'w:vs/./, private, of company 'A,' 2d Battalion, 13th V. S. infantry, a duly- eidisted" soldier in the service of the United States, did, on or about the 29th day of November, ]8(Jo, absent himself from and (U-scrt said service, and remain altscnt until on or about December 23d, ISO."). This at Springlield. Illinois."

To whicli charge and specilication the prisoner pleaded as follows: To the specification, ' • Guilty,'' except the wonls ' -and desert.'' To the charge, • -Not fiuilty.

I i

The Court, having maturely consideicd the evidence adduced, finds the prisoner as follows:

Of the specification, the Court confirms the plea of the prisoner, and finds him ' 'Guilty,"" exceiiting the words • 'and desert.

Of the charge, tlie Court confirms the plea of the prisoner, and finds him '••Not f/ullty" of •'desertion,"" but guilty of ••absence sence without leave.'"

SKXTKNCK:

And the Court does, therefore, sentence him. Eusticr ]i'is:us/<l, private, compan}- "A," 2d Battalion, 13tli U. S. infantry, ••to be imprisoned for the period of two (2) months, at hard labor, with the loss of one-half of liis paj- and allowances during said imi)ris- onmeiit, under the direction of the Ceneral commanding."'

Finding and sentence confirmed. The stoppage of pay will be made by the proper officer. The sentence of imprisonment will be carried into effect at the St. Louis ^lilitary Prison, at St. Louis, ^Missouri.

'' ^

I

'.id. Bun-ourjlis P. IVillirniis, privato. of Companr ••E,'" U. 8. Eii^iuoer Battalion, on the followino' char<re.s and 8peoiti(?ations:

ciiAKtii: 1ST:

* • Dcxfiiion.'"

SPECIFICATION: '-In tliis. that lie, Btrrrotuihs I'. W.lUumi.-^, private, of Company "E,' U. S. En^inoer Hattalion. a (liily-enlistecl soldier in the service of the I'nited States, did absent liimself from and desert tlie same, on or about the 20tli day of Deeendier. iSii"). and i-emain absent nntil arrested, oil or abont tlie 2-2d day of I>c<-cinb('r. Is'H,-,. TJiis at .leftei-son Harraeks, Missonri.

(11 Ala IK 2i):

* • WriiitgfaUi/ and /{/iou-it/qlt/ ilixpdsiiKj of f/orcnu/ic/it propcrfi/.

SrEcii'iCATio.v: '-In tin-, Ihat lie. Ji'trro/ir/Zi.i P. M'l'flaiiis, ])rivate, of Comiiany •E.'' I'. S. En<iiiieer JJattalion, did wrong- Ihlly and kiiowingly hell to one Casper JIart one (1) great coat and one (1) l)lanket. projx'rty of tiie I'nited States, furnished and to be used in tlie military service thereof. Tiiis at St. Louis, ^lissonri. on or al)ont the 2Uth day of December. Isii.")." •

ciiAiniK ."in:

■ • Lnrcciii/.

.Si'i-XTi'K'ATioN: ""Tn this, that he. B'irr(,u()]ix P. Wl//ia»i.i, privat(>, Company 'E,' I.'. S. Engineer Hatlalioii. did fclononsly steal, take, and carry away one great coat, of the value of S12, the i)roi)erty of one Nicholas Herbert. i)rivate of same company and regiment, \vitli intent to appro[)rint<' the same to his own use and benclit. 'I'liis at .]eif«'rson Itairacks. St. I.onis, Missouri, on or al)ont the 2()ih day of December, IHO.")."'

To which cliargcs and s]iccification> the prisoner pleaded as follows:

To tile spcciliculi(Mi, lii'-L ciiarge. •'(itiUfu.'' except the wonls ' 'and desert.'" \

To the lirst charge, ' 'Nut (juiltii.' * 'I'o the specilicatlon, second charge, '■•(hdltij." To the second charge, '' <iuUhj.'' To the specification, third charge, •'(luUty. To the tliird charge. '' Xuf fiuUtj/.''

Tlie Court, ha\iiig maturely considered the evidence adduced, liiids the ])risoiier as follow-;:

Of the specification, first cliarge, the Court confirms the plea of the prisoner and finds him ^'Guilty,'" except the words "and desert.''

Of the first charg-e the Court confirms tlie plea of tiie prisoner, and finds him ''Not guilty,'' but X'l'lt.V of ' 'absence without leave."

Of the specification, second cliar^e, the Court confirms the plea of the prisoner and finds liim '' Guilty.''

Of the second charofc the Court confirms th(! plea of tiie i)risoner and finds him '' Guilty.''

Of the specification, third charge, the Court confirms the plci r)f the prisoner and finds him • 'Guilty.'"

Of the third chai'ge, ''Guilty."'

SKXTKXCK:

And the Court does, therefore, sentence him, Bun-ough>i F. Wil- liams, private. Company "E," U. S. Engineer Battalion, "to be imprisoned two (2) years at hard hibor, with the loss of one-lialf of his pay and allowances during said imprisonment, under the direction of the General commanding.'"

Finding and sentence (;onfirmcd. Tiie stoppage of i)ay will be made by the proper office)-. The sentence of imprisonment will be carried into effect at the Missouri State Penitentiary, at Jefferson Citv. Mo.

BY COMMAND OF MAJOR-GKNKRAL POPK

JOS. McC. BELL,

Assista?it Adjutant General.

OFFICIAL:

W^ Adjutant General.

HEADQUAKTEES, DEPAKTMENT OF THE MISSOUlU,

St. Loids, Mo.. February 3(i, 18GG.

GEXEKAL ORDERS,

Xo. 13.

Before a Generul Court :>rartial wlrich convened at St. Louis, ^lo., pursuant to Special Order Xo. 89, series of 1805, from these Headquarters, and of wliich Brevet Briuadier-General JOHN L.

BKVERIDGK, U. S. V.. is Tresident, were arraigned and tried:

Uf. James M. Hamilton, private, Company '-11," 3d United States Infantry, on tlie following charges and speeitications:

c'HAiUiE 1ST :—' '•Absence without leave."'

Si'KCiFiC'ATiox: '*[n tliis, that he, the said James M. Hamilton, private, of Company 'II,' 3i[ United States Infantry, a duly enlisted soldier in tlie service of the United States, did, on or about the ath day of January, 18G(i, without leave or proper authority, absent himself from his company and regiment, and remained absent until on or about .laiuiarv 7th, 1860. This at St. Louis, Mo."

CHARGE 2D:

• • Wronrifidly and knowingly disposing of Government property.''

Si'ECiFiCATiox: "III this, tliat he, the said James M. Hamilton, private, of Companj' 'II.' 3d United States Infantry, did wrongfully and knowingly sell, lose, or otherwise dispose of, one great coat, the property of the United States, furnished and to be used in the military service thereof. This at St. Louis, Mo., on or about the 7th day of January, 18GG.''

'I'o which charges and speeitications the prisoner pleaded as follows: To the specification, first charge, •' Guilty.'' To the first charge, ^'Guilty." To the specification and second charge, ' '■Not guilty.''

FINDING:

The Court, having maturely considered the evidence adduced, finds the prisoner as follows:

Of the specification, first charge, the Court confirms the plea of the prisoner, and finds him '•'■ Guilty.'' ^

Of the first charge the Court confirms the plea of the prisoner, and find him '•''Guilty.''''

Of the specification, second charge, '•'Not guilty.'' Of the second charge, ' '■Not guilty.''

2

:-i

SEXTEXCE:

And the Court does, therefore, sentence him, the said James M. Hamilton^ private, of Company •'!!," 3d United States Infantry, ' 'to forfeit to tlie Government of the United States one (1) month's pay proper.''

Finding and sentence confirmed. The stoppage of pay will be made by the i^roper officer. The prisoner will be released from arrest and returned to duty.

2d. Adolph Pinto and George Legros, privates, of Company "G," 2d Battalion. 13th United States Infantry, on the following charge and specification:

CHARGE — ' '■Desertion."'

SPECIFICATiox: '■^In this, that they, the said Adolph Pinto and George Legros, i)rivates, of Company 'G,' 2d Battalion, 13th Unitx;d Strrtes Infantiy, duly-enlisted soldiers in the service of the United States, did, on or about the 24th day of De- cember, 1SG5, absent themselves from and desert said service, and remained absent until on or about the 30th day of De- cember, 1865. This at Jetterson Barracks, Mo.-'

To wliich charge and specification the prisoners jileaded "iVo< guilty'''

l-IXDIXG :

The Court, having maturelj' considered the evidence adduced, finds tlie pi'isoners as follows:

Of the specification, '' Guilty,'' except the words ' 'and desert.'' Of the chai-ge, Not Guilty,'''' but '■'■ Guilty^ ^ of ''absence without

leave.'' SEXTEXCE:

And the Court does, therefore, sentence them, the said Adolph Pi?ito and George Legros, privates, of Company "G," 2d Battalion, 13th United States Infantry, "to forfeit to the Government of the United States one (1) month's pay proper.''

Finding and sentence confirmed. The stoppage of pay will be made by the proper officer, Tlie prisoners will be released from arrest and returned to dut}'.

'M. Thomas Fogerty, private, of Company ''II," 3d United States Infantiy, on the following cliarge and specitlcation:

CHARGE:

'' Wrongfully and know'mgly disposing of Government property.''

SPECIFICATiox: "In this, that he, the said Thomas Fogerty, private, of Company 'H,' 3d United States Infantry, did sell, "lose, or

3

otherwit^e dispose of, one great-coat, property of the United States, furnished and to be used in the militar}'^ service thereof. This at St. Louis, Mo., on or about the 8tli day of January, 1866.

To whicli char<ife and specification the prisoner pleaded '■'■Not Guilty.'"

lINDINCi:

Tlie Court, iiaving maturely consideix'd the evidence adduced, finds the prisoner as follows:

Of the specification, • '•Not guilty.'' Of the charge, '■'•Not guilty.''

And the Court does, therefore, "acquit him, the said Thomas Fogerty, private, of Company 'II,' 3d United States Infantry."

Finding and acquittal confirmed. The prisoner will be released from arrest and returned to dutv.

4th. George W. Gordon, private, of Company ''II," 3d United States Infantrj', on the following charge and specification.

CIIAKGK:

'' Violation of the 3Sth Article of War.''

SrECiFiCATiox: "In this, that lie, the said George W. Gordon^ private, of Company 'II," 3d United States Infantry, did sell, or, through neglect, lose one great-coat and one blanket, issued to liim by tlie Government of the United States and to be used in the service thereof. This at St. Louis, Mo., on or about the Sth day of January. 1866.''

To Avhich charge and specification tlie prisoner pleaded '•'•Not guilty.''

FINDING:


Of the specification, '•'Guilty,^' except (he words "one blanket." Of the charge, '' Guilty.''

SENTENCE:

And the C/Ourt does, therefore, sentence him, the said George W. Gordon., private, of Company "II," 3d United States Infantiy, "to be imprisoned at hard labor for the period of tiiirty (30) days, iit such place as the General commanding shall direct.''

Finding and sentence confirmed. The sentence of impi'isonment will be carried into effect at the St. Louis Military Prison, at St. Louis, Mo.

I ^th. Michael Dempsey, private, of Company "C," 3d United

States Infantry, on tlie following charges and specifications:

CHARGE 1ST:

'' Conduct to the prejudice of good order and military discipline.''

SPECIFICATION: "In this, that ho, the said Michael Denipsey, private, of ("ompany 'C,' 3d United States Infantry, did strike, beat, and otherwise bruise Francis Sullivan, First Sergeant of said company and regiment. This at Schoticld Barrack•<, St. Louis, Mo., on or about the 30th day of December, 1805."

CHARGE 2i>:

^'Wrongfully and knowingly disposing of property of the United States."

SPECIFICATION: "In this, that he, the f^akl AFichael Dempsey, private, of Company 'C,' 3d United States Infantry, did wrongfully and knowii'igly sell, lose, or otherwise dispose of, tlie following articles of clothing, viz: One (1) tlannel shirt, one (1) pair drawers, one (1) pair stockin<rs, one (1) great-coat, and one (1) blanket—property of the United States, furnished and to be used in the military service thereof. This at Scho- ticld Barracks. St. Uouis, Mo., on or about the 30lh day of December, 1805."

To which charges and specitications the prisoner i)lcaded "To< guilty.''

FINDING:

The (Jourt. having maturely considered t!ie evidence adduced, finds the prisoner as follows:

Of the specification, first charge, ' ^Xot guUfy.'' Of the first charge, ' 'Not guilty. ■' Of the specification, second charge, ^^Xot guilty.''' Of the second charge, ' '■Not guilty.''

And the Court does, therefore, "acquit him, the said Michael Dempsey, private, of Company 'C,' 3d United States Infantry."

Finding and acquittal confirmed. from ari-est and returned to duty.

The prisoner will be released

BY COMMAND OF MAJOR-GENERAL POPE.

OFFICIAL:

J, P. SIIERBURNE,

Assistant Adjutant General I

iJu^.-JiUy Aemetant Adjutant General.

4

*

HEADQUARTERS, DEPARTMENT OF THE MISSOURI,

ST. LOUIS, MO., February G, 18GG.

GENERAL ORDER,

No. 14.

I . . . Before a General Court ^Martial ■\vliicli convened at Fort Leavenworth, Kansas, pursnant to Special Order No. 114, sei-ies of 1SG5, from these Headquarters, and of-whicli Brigadier and Brevet ]Miijor General W. L. ELLIOTT, U. S. Volunteers, is President, wei-e arraigned and tried:

l.sY. Matihcw Grec», private, of Coini)an}' "I," 2d U. S. Cav- alry, on tlie following eliai'ges and specilieations:

CHAUGE 1ST:

'''•Absence vnihout leave.''''

SPECIFICATION 1ST: "In tliis, that lie, Maithew Green, private, of Company "I," 2d U. S. Cavalry, did absent himself from his Company without leave from his commanding officer. Captain Henry E. Noyes. This at or near Fort Leavenworth, Kan- sas, on or about the 2d day of January, ISGG.''

SrECiFiCATiox 2D: "In this, that he, Mntthexo Green, jirivate, of Company -I.' 2d U. S. Cavalry, did absent himself from his Company without leave from his commanding officer, Cajitain Heniy E. Noyes. This at or near Fort Leavenworth, Kan- sas, on or about the 4th day of January, 18GG.''

ciiAiuiE 2D:

^''Conduct to fJic prejudice of good order and mll'dary dlscijiline.''''

SPECIFICATIOX: ' 'In this, that he, Matthew Green, private, of Com- pany 'I,' 2d U. S. Cavalry, on being ordered to attend the morning stable-call of his ('Ompany, by his 1st Sergeant, 31. O'Connell (he being then in the execution of his office), did fail to obc}^ said order. This at or near Fort Lcavenwortli, Kansas, on or about the oth day of January, 18GG.''

To which charges and specifications the accused pleaded as follows:

I To tlic first spooification. lirst oliargo, '■^GhJl/K. ' To the Kocoiul spocilioatioii, first cliar<ro, '■'■Not gidlty."'' To tlie first oliarg-e, '' GulUy. " . To the specification, secoiul charo-e. '^(inilfj/,'■ , To the second cliar^ife, ^'■Xot f/iiilfi/."' |

i

I-IXDIXG: I

The Conrt, having maturelj- consiilered the evidence ad(hiced, finds the prisoner as follows:

Of the first specification, first chai-ge. ' • GnUfy.'' Of the second specification, first charo-e, ' ^GnUfy.'' Of the first charge, '' Guilty.'' Of the specification, second charge, • ^Giil/fy.' ^ Of the second charge. '■'■Giiilfy."

SENTENCE:

And the Court does, therefore, sentence him, Matthew Green, private, of Company '•!," 2d U. S. Cavalry, "to l)e conlined at hard labor, in chai-ge of the guard, for the period of one month, and to forfeit ten dollars per month of his pay for two montiis."'

Finding and sentence confirmed. Tlie stoppage of pay will l)e made by the proper otficer. Tlie sentence of imprisoninent will be carried into etfect at Fort Leavenworth. Kansas. uiuU'r the dirco- tion of the commanding ofticer of that ))OSt.

•2(t. Orhi liHjols, [irivate. of Company •'(!."" "Jd l'. S. Cavalry, on the following chai'ge and specification:

CIIAKIJE:

• ^ Sleeptny on pont.

SPECIFICATION: --In this, that he. Oiin Lif/oU, private, of Coiu- pany 'G,' 2d U, S. Cavalry, having iieeii regularly detailed as a member of the guard, and duly jjosted as a sentinel on stable guard, did go to sleep on his post, and so remain until awakened by the corporal of the guard. Tliis at Fort Leav- enworth. ivansas, on or about the ;{(l da\' of .Tanuary, ]8(JG." ^

To which charge and sjiecitication the prisoner jileaded '^Noi (jiillty.

IINDIXG:

The Court, having maturely considered the evidence adduced, finds the jirisoncr as follows:

Of the specification, ' ^Guilty.'' Of the charge. ''Guiltyr'

il

f

SKNTKXCK:

And tlie Court dues, tlieirfoi-o, seiiU'iicc liiin, the said Orin In- (jols, pi-ivate, Coiiii):iiiy ''(;," 2d I,'. S. Cavalry."''to rorfoit (en dollars ($10) i)t'r luontli of liis pay for two niouths.''

Fiudiiit;' ami seiitciu't' continued. The stoi)pa,i'e of pay will be made l)y tlie proper oUieer. The jjrisoner will be released from arrest and retnrned to duty.

:\d. Jo/in Miller, i)rivate. of Com[)any ■•J." 2d L'. i^. Cavalry, on the followin<i- eharyes and speeitieations:

cifAUGK 1ST:

''Ahacncj; tritlioiit h'dce.'^

Snx'ii'icA riox: "hi this, that he, John Miller, )>rivate, of Conii)any •I." 2d U. S. (Cavalry, tlid al)sent himself from Ids Com))any and qnarters M ithout ])ermission from his commandinji' oHieer, Cai)tain llenr}' K. Xoyes, and liid remain absent from tattoo roll-call (jn tlie ni<;ht ot Jamiary 1), 18G(i. and from rexeille roll-call and stable-call on the m()rnin;>- of January 10. ]8(j(>. This at or near Fort Leavenworth. Kansas, on or about .hin- uary !». ISdO."'

(jiAiuiK 2D:

• • Conduct to the prejudice of good order and military dl)scipiine.

SI-ECI]'ICATION: ''In this, that he. John Miller, private, of Coni- l)an3' 'I,' 2d U. S. Cavalry, having applied to his cominand- ing orticer, Caj)tain Ifenry E. \oyes, thronsih his 1st Ser- /icant. M. O'Comiell. for permission to be absent trom tattoo loU-call on the evening of January ".i, 18GG, and being i-efnsed, did. after being ordered by the said 1st Sergeant 31. O'Con- nell not to leave liis Com])any and quarters, al)sent Inmself from tattoo roll-call. This at or near Fort Leavenworth, Kansas, on or about January U, 18(JG.''

To all of which charges and specilications the prisoner pleaded • '(jiuilfy.' •

riNPixo:

The Court, having maturely considered the evidence adduced, Jinds the prisoner as follows:

Of the specltlcation, first charge, • • (•uUti/.'' Of the lirst charge, '' Guilty.'' Of the specltication, second charge, "(ruilly." ()f the second charge. '' Guilty.''

SEXTKNCi::

And the Coiul does, therefore, sentence him. the said John Mil-

ler, private, of Company "I," 2d U. y. Cavaliy, "to be contiued at luirtl laboi', in charge of the guartl, for the period of two months, and to forfeit ten. dollars ($10) per month of his pay for the same time.''

Finding- and sentence confirmed. The stoppage of pay will be made by the proper officer. The seiitence of imprisonment will be ^ carried into eflect at Fort Leaven worth, Kansas, under the direc- " tiou of the commanding oflicer of that post.

II . . . Before a General Court Martial which convened at Saint Louis, Missouri, pursuant to Special Order Xo. 89, series of ]8(»5, from these Headquarters, and of which Brevet Brigadier General JoHX L. BEVKKiDfiE, \]. S. Vols., was President, were arraigned and tried:

\st. George Stewart, private, of Company ••II," od I". S. In- fantry, on tlie following charge and specification:

CIIAUGE:

'' Wrongfully and knowinglg disposing of goremmrnl jirvpcng.'

SPECIFICATION: "In this, that he, George Stewart, private, of Com- pany '11,- 3d U. S. Infantry, did sell, lose, or otherwise dis- « pose of, one great coat, the property of the United States, furnished and to be used in the military service thereof. Tliis at St. Louis, Mo,, ou or about the 7th duy of January, 1866."

To which charge and specification the prisoner pleaded '^Not guilty.''

FINDING:

The Court, having maturely con-idcri'd the cvid'.iicc aildiiccd. finds the prisoner as follows:

Of the'specification, '■'■Guilty,''' exccpi the word ■•sell." Of the charge, '' Guilty.''

SENTENCE:

And the Court docs, therefore, sentence him, George Stewart, private, of Company "H," 3d U. S. Infantry, "to be imprisoned for the period of twenty-five (25) days, at such place as the General %i commanding shall direct.''

Finding and sentence confivmed. The sentence of imprisonment will be carried'into cft'crl- ;it the St. Louis 'Military rrison, at St. Louis, Mo.

Id. Thomas Smith, private, of Company "F," 10th U. S. In- fantry, on the following ch:vge and specification:

#

CUARGK:

' '•Larceny.''

SPKCIFICATIOX: ''In tliis, that lie, Thomas Smith, prlvato, of Com- pany 'F,' lOtli U. S. Iiifantiy, did, on or about tlie 8tli day of January, 18GG. feloniously .-itcal, take, and carry away one <>-roat coat", of the value of twelve dollars (Sl^), the ])roperty of one Daniel Isaacs, private, of Company 'I,' lOtli U. S. Infantry. This at Jelferson Barracks, Mo."

To Avhlcli charofe and specitication the prisoner pleaded ^'Not guilty.'"

FIXDIXG:


Of the specification, '"Not guilty.''' Of the charge, ''Not guilty.''

And the Court does, therefore, "acquit him, Thomas Smith, pri- vute^ of Company 'F,' 10th U. S. Infantry."

Finding and acquittal contirmed. The prisoner will be I'cleased froui arrest and returned to duty.

;{;/. John Dillon, private, of Company '"A," 3d Battalion 13th U. S. Infantry, on the following charge and specification:

CIIAKGE:

' 'Desertion,'

iSi'ixiiUAi'ioN: ••[n this, that he, Jolni Dillon, private, of Com- pany 'A,' 3d Battalion 13th U. S. Infantry, a duly-enlisted soldier in tiie service of the United States, did, oii or about the 25tli day of December, 1805, absent himself from anil desert said service, and remain absent until on or about the 29)li day of December, 1SG5. This at Jetterson Barracks, Missouri.''

To which charge and specification the prisoner pleaded "Not guilty.'''

FIXDIXG:

The (Jourt, having maturely considered the evidence adduced, finds the prisoner as follows:

Of the specification, "• Ou'dty,'''' except the words "and desert." Of the charge, "Not guilty,'''' but "guilty of absence without

leave.'' SEXTEXCE:

And the Court does, therefore, sentence him, John Dillon, private,

0

of Conipmiy "A," 3a Biittaliou lath L-. S. Iiifaiitiy, "to be ini- pii-ioiied foi- the period of thirty" (30) day.s, at .such place as the Cen- tral coiuinaiidino: shall direct.''

Finding and sentence confirmed. The sentence of imprisonment will be carried into elYect at the St. Lonis Military Prison, at St. Lonis, Mo.

■ith. Wuifield Sackett, private, of Company •"1, fantrv, on the following charge and specification:

3d l. S. In-

CHAUGE:

^' (luittinij Ida guard without leave or urgent nceesiilty.''

SpECiKiCATiox: "In this, that he, Wuifield Suckett, private, of Company 'I,' 3d V. S. Infantrv, having been regnlarly detailed and monnted for guard duty, did (jnit his guard without leave or urgent necessity. This at Schofield Barracks. St. Louis, Mo., on or abontlhe 10th day of January, 18UG.""

To which charge and specification the prisoner pleaded ••Sot guilty.''

FINDING:


Of the specification, '•'■Guilty.'' Of the charge, "■Guilty.'"

SEXTENCK:

And the Court does, therefore, sentence him, Wiujield Sackett, private, of Company "I," 3d U. S. Infantry, "to forfeit one (1) month's pay proper to the Government of the United States. *'

Finding and sentence confirmed. The stoppage of pay will bo made by the proper officer. The piisoner will be released from airest and returned to duty.

BY COMMAND OF MAJOR-GENERAL POPE.

J. P. SIIEEBURNE,

Assistant Ad'nitant Gencyal OFFICIAL:

Assistant Adjutant General,

JIEADQUAKTEIJS, DKl'AKT.MEXT OF THE MISSOUIJI,

^SY. Louis, Mo., Februarys, 18GG.

GENERAL ORDKHS,

Xo. 10.

I . . . Before a General Court Martial wliicli convened at Fort Leavenwortli, Kansas, pursuant to Special Oi-der No. 114, series of 18G5, from these Headquarters, and of wliicli Bri»>adier and Brevet ^lajor General W. L. Er-Liorr. U. S. Vols.. is President, were arraigned and tried:

\sf. Justin iV. Ayers, late 2d Lieutenant of Company "K," loth Kansas Volunteer Cavalry, on the followino- charge and specifications:

CHAIU.K:

^'Misapplication and embezzlement of public property of the United States intrusted to his charge, with the intent to defraud, or injure the United States, in violation of the Act of March 2d, 18G8. chapter fi7, section 1.''

SPKCIFICATIOX 1ST: -'In tliis. tiiat );(>. Justin N. Ayrrs. late 2d Lieutenant of ("ompany 'K,' lotii Kansas Volunteer Cavah-y, while in command of his Compan\', and havinn" proper chnr<;-e of the public property appertaining thereto, did willfully aiid negligently niisap])ly. embezzle, and s(iuander, the following ordnance and ordnance stores, it being the public proj)- erty of the LTnited States, to-wit: Eight (8) cail)ines, nineteen (19) revolvers, four (4) cavalry sabres, foui'teen (14) carbine slings, nineteen (19) bridles (curb), and live halters and straps. 'J'his at the different stations of his Company in the State of Kansas, in or about tiie months of January, Fel)- ruary, iMarch, April, 3Iay, and June, ISGo.""

SrECiFiCATiON 2n: ' Mn this, that he, Justin N. Ayers, late 2(1 Lieu- tenant of Company 'K,' 15th Kansas Volunteer Cavahy, liaving l)een ordered l»y his conunanding ofHcer to turn over to A. J. AValker. late Cai)tain of Comjjany *K,' loth Kansas A'olunteer Cavalry, all ordnance and ordnance stores api)er- taining to said Company for which he was accountal)le. did fail to properly turn over to the said Captain Walkei-, or otherwise properly account foi'. the following ordnance and

orilnanco stores, it being the pu])lic property of tlic United States, to-wit: Plight (8) carbines, nineteen" (liJ) revolvei-s, t'onr (4) eavaby sabres, fourteen (14) earbine sbngs. nineteen (1!)) bridles (ci'irl)). and live (.">) liaUers and straps; and intend- inti', by the retaining of said ordnanee and onhiance stores in Ins j)ossession, to defraud or injure tiie United States, by mis- applying, or ajipropriuting to his own use or benetit, tiie said ortlnan(!e and ordnanee stores so ix'tained. This at or near Fort Scott, Kansas, on or about the 0th day of June, 180.')."'

To which eliarge and specifications tiie accused pleaded '■'■Not cjuUfy."'

I-INOIXG:

The Court, having maturely considered the evidence adduced, Ihids the accused as follows:

Of the first specification, '■'Not guilty.'' Of the second specification. ^'K\>f (/nlU)/." Of the charge. ''Not guilty.'''

And the Court does, therefore, honorably acquit him, the said Justin N. Ai/rrfi, late 2d Lieutenant of Comiviny '"K." loth Kansas \'olunre(>r Cavalry.

Finding and ncfpiilial confiniUMl. 'J'he accused will be i-eleased fro:n arrest.

•111. ,A/;»cs Dotioi/ghiie, private, of liatleiy "B."'4th U. S. Artil- lery, on Ihe following charg(> and siiecilicalion :

CHAHGK:

• • Desertion.''

Sri'.crFHATioN: ''In this, that he, James Dononghue, private, of Buttery -R," 4th I'. S. Artillery, a didy-enlisted soldier in the service of the United Slates, having been jirojierly iW- lailcd at the Post Ilosjiital, did absent hinisi'lf from and (lesert the said service, on or about the 7tli da}'of January, ISIUi. ami did remain absent therefrom until about the lOlli day of .January. lS(i(i. This at Fort Leaven worth. Kansas."

To which charge and specification the ]ui«oner jileaded ''■N>it (11(11 til.

]'I.\I>I\G:

The Court, having matmvly considered the evidence adduced, tinds the prisoner as follows:

Of the specilication, 'Hrid/t)/." except th(! words •"and desert." Of the cliarge. ' • Xi>t gxiHy / ' but '-guilty of absence witbont

leave.■■

4

And the C'ourL iloi-s, therftbri'. sfiiteiicc him. tin- said Jmncs Do/iQughue, priviito, of Batlciy "15," 4tli V. S. Artillery, "to be conliiied at liard labor, in eliarjje of the guard, for tiie period of one month, and to forfeit ten dollars ($10) i)er montli of his pay for two months."'

Findin<i' and sentence contirmed. The stoppage ot pay will hi made by tlie proper oltieer. The sentence of imprisonment will be carried into ettect at Fort Leaven worth, Kansas, nnder the direction of the conimamlinii- otlicer of that po<t.

;!;/. Ju/in Dev'.nc, private, of Company •'V," 'M V. S. Int'anliv . on the foUowin*^ char<>-e and specification:

CIIAHUK:

''l)n(n/:cnucs.-i on. (jnard.'''

STKC'IFICATIOX: "In tins, that he, John Decinc. private, of Com- pany -F,' i:!tli U. S. Infantry, havinj^- been rciinlarly detailed and nionnted as a member of the po>t gnard, did become diandv on his ;iiiard before he was iv^iularly relieved. This at Fort Leavenworth, Kansas, on or about the l.'illi day of Jainiary, lS()t5. *'

To which ehar<^e and specification the prisoner pleadetl ••Gtdlfy."

I'INDINti:

The Court, having maturely coirsidered the evidence adduced, tinds the prisoner as follows:

Of the specification, '' Guilty. Of the clmro-e, "■Guilty/'

ut

•SENTKNtK:

And the Court does, therefoi'e, sentence him, the said John. De- fine, private, of Company "F,"" 13th I". S. Infantry, "to be contined at hard labor, in charge of the guard. i\)y tlie period of thirty (30) days."

Finding and sentence contirmed. Tlie sentence of imprisonment will be carried into effect at Fort lA'avenworth, Kansas, under the direction of the commanding otlicer of that i)0st.

■kh. Patrick (rlynu, private, of Company "11,'" 1st Battalion billi U. S. Infantry, on the following charge and specilication:

''Conduct to the prejudice of good order and military discipline.''''

SPKCIFICATIOX: ''In this, that he, Patrick Olynn, privnte, of Com- pany 'II,' 1st Battalion 13tli U. 8. Infantry, havin**- been ]-('<«-nhii-]y detailed, on tlie eveninij of Jannai-y 10th, ISOG, for •^Miard duly on tlie lltli day of Jannary, 1S(K!. and properly notified of said detail by his 1st "!Sei-<;:eant, (Ud Ix'conie so nuieh under the intlnence of intoxieatin*^- liquor as to be unfit to diseharg-e his duties as a soldier, or to he placed on guard at the tinie specified by said detail. This at Fort Leaven- worth, Kansas, on or about the 11th da\' of January, 18G0. "

To which charo'e and specification the prisoner pleaded "Guilty."

The Court, having niatuivly considered tlie evidence ad(hiced, finds the prisoner as follows:

Of the specification, ' '■Guilty.'' Of the charge, ''Guilty.'^

SENTKXCK:

And the Court does, therefore, sentence hiu), the said Patrick Glynn, private, of Company "II," 1st Battalion 13th U. 8. In- fantry, "to forfeit ten dollars ($10) ])cr month of his pay for two months.''

Finding and sentence confirmed. The stoppage of pay will be made by the proper officer. The prisoner \\ill be released from arrest and returned to duty.

oth. George Henry, private, of Company ' "1,'' 2d U. 8. Cavalry, on the following charge and specifications:

'' Conduct to the prejudice of good order and military discipline.''

Si'ECiFiCATiox 1ST: "In this, that he, George Henry, private, of Company 'I,' 2d U. 8. Cavalry, having been "regularly detailed and placed on duty as a meml)er of the mounted patrol, and having a prisoner placed in his charge at Leavenvvorth City, Kansas, with ordei-s to take said prisoner to Fort I^eavenworth, Kansas, did lail to obey said order. This at or near Fort Leavenworth, Kansas, on or about the IGth day of De- cember, 1865.•'

SPKCIFICATIOX 2D: "In this, that he, George Henry, private, of Company 'I,' 2d U. 8. Cavahy, having been regularly detailed and placed on duty as a member of the mounted patrol, did absent himself from his patrol and his Company without

leiivt', iiiid i-i'iiiaiii absent until tlie following' iiKii-nini;-, wlicii he retiirni'd without citlier liorse or horse e(iiiij)nients. Tliis at or near Foi-t Leavenwortii, Kansas, on or about tlie KUli day of December, 18G5."'

To winch cliar<>e and specitications the prisoni-r [)leaded us t'ullows:

To the first .specitication, ' '■G'IJL'I:, "' To the second specitication, '' Guilty.'' To the charge, ' '•Not guilty.''

FINDING:

The Court, having maturely considered the evidence adduced, tlnd.s the prisoner as follows:

Of the tirst specification, ' • Guiltij.'" Of the second specification, '' Ouilfy.'' Of the charge, '■'Guilty."'

SKNTKNCK:

And ijie Court does, therefore, sentence him, the said George Henry, private, of Company ''T," 2d U. S. Cavahy, -'to be confined at hard labor, in charge of the guai-d, for the period of two (2) months, and to forfeit ton dollars ($10) per month of his pay for the same time.'"

Finding and sentence confirmed. The stoppage of pay will be made by the proper ofhcer. The sentence of imprisonment will be carried into effect at Fort Leavenworth, Kansas, under the direction of the commanding ofiicer of that post.

4 BY COMMAND OF MAJOU-CJKNKHAL POFE

J. r. SIIEKBUENE,

Assistant Adjutant General.

OFFICIAL:

m Assistant Ailjutaid General.

I HEADQUAirrERS, DErAETMEXT OF THE MrSSOl'lII,

ST. Loris, Mo., February^. 18(JG.

GKXEKAI. olJDKl.'S.l

No. 17. )

I . . . Before a Geiieial (.'oiiit 3Iartial which ooiiveiK'tl at Saint Louis, Missouri, pursuant to Special Ortler Xo. 89, series of 18(55, from tliese IIead(iuarters, and of wliieh Brevet Brinradier General JoHX L. BKVKHIDGE, U. S. Vol-.. is President, were arraiffned and tried:

\st. John E. O'llrieii. private, of Company ••1\.'" ;>il l'. S. In- fantry, on tiie lollowinj^- charse and specitioation:

CUARGK:

^' Quiffiiig his guard without leave or urgent necessity.''

SPECIFICATIOX: ''In this, that he, John E. O'Brien, private, of Company 'K,' 3d V. S. Infantry, havino;- been reo^ularly detailed and mounted for tjfuard duty, did quit his iruard without leave or urgent necessity. This at Schotielli Barracks, St. Louis, Mo., on or about the IGth day of January, 186G.''

To which charge and specification the prisoner pleaded '-Xot guilty.''

FINDING:

Tlie Court, having maturi'lr i-mi-i,i .r,.,i tlic evidence adduced, tinds the prisoner as follows:

Of the specification, ''Not g^mty. Of the charge, ' ^Not guilty.''

And tlie Court does, therefore, acquit him, John E. O'Brien, private, of Company "K,'' 3d U. S. Infantry.

Finding and acquittal contirmed. Tlie prisoner will be released from arrest and returned to dut\-.

2d. Thomas McCullough. private, of Company • 'A,"" 10th U. S. Infantry, on the following charge and specilication:

'•'• OJfenng violence to his supej'ior officer.''''

SPECIFICATION: "In this, tliat he, Thomas Mctullouf/h, private, of Company 'A,' 10th U. S. Infantry, did strike, beat, and otherwise offer violence to, Lieut. William Walker, V. R. C, his superior officer, then and tliere in the execution of his office. This near the U. S. Majrazine, Jefferson Barracks, Mo., on or about the 4th day of January, 18G6.''

To wliich charg-e and specification the prisoner i)leadcd guilty.''

FIXDIXG:

•Not

The Court, havino- iiiaturel}- considered the evidence adduced, finds the prisoner as follows:

Of the specification, •' Guiltg.'' Of the charge, "■Guilty.'"

SENTENCE:

And the Court does, therefore, sentence him, Thomas McCullough, private, of Company "A," 10th U. S. Infantrj', "to be imprisoned at hard labor for the period of one (1) year, with the loss of all pay and allowances during said imprisonment, under the direction of the conuuanding General.''

Finding and sentence confirmed. The stoppage of pay will be made by the proper officer. The sentence of imprisonment will be carried into efiect at the Missouri State Penitentiarj', at Jefferson City, Mo.

M. James McCoy and Jatnes White, privates, of Company "A," and Daniel F. Murphy, private, of Company "II," 3d U. S. In- fantry, on the following^ charge and specification:

"Neglect of duty, to the prejutUce of good order and military discipline.'

SPKCIFICATION: ' 'In this, that they, James McCoy and James White, privates, of Company -A.'and Dan'iel F. Murphy, private, of Company '11,' 3d* U. S. Infantry, having been regularly detailed for guard duty, and duly placed in charge of one Jacob Steiner, did carelessly and negligently permit him to make his escape. This at St. Louis, Mo., on or about the 2d day of January, 18(56."

To which charge and specification the prisoners pleaded guilty.'''

'^ot

pixDi.\(i:

The Ooilrt, imviiiii^ matiiroly coiisidertHl the evulouec adJuoed. liiids tlie prisoners as follows:

Of the spec'ifK'atloii. '•N'ot (lailty."' Of the ehar<re. ' 'Not guilty.''

And tlie Court docs, tiicrefore. ac(iiiit them, Janii'.s Mcdoy and James White, privates, of Company 'A,' and Daniel F. Murptiy. private, of Company '11.' 3d U. S. Infantry.

Findin<i'and aeqiiittal conlirmed. The prisoners will he released from arrest and returned to dntv.

■ith. 7>(V««rt/V^M/'A7', private, Company • A, ' 3(1 L' S. Infantry, on the foUowinfr eharge and speeifieation:

CHARGE:

^•Neglect of duty, to tlic prejudice of good order and military dificlpliiie."

SPKCIFICATIOX: ' 'In this, thatlie, Bemai-d Eourke, private, of Com- pany 'A,' 3d U. S. Infantry, havinj!^ been reprularly detaileil for guaid duty, and duly placed in charge of one Wni. ]Maii- ning, private, of Company 'A,' 3d U. S. Infantry, a prisoner, did carelessly and negligently permit him to n)ake his escape. This at St. Lonis. Mo., on or about tlie 17tli dav of Jan- uary, 1806."

To which charge and speeilieation the lu-isoncr ])leaded ^•Not guilty.''

i'iNniN(;:

The Court, having maturely considered tlie evidence adduced, liiids the prisoner as follows:

Of the speeilieation, ' 'Not guilty.'' Of the charge, '■•Not guilty.''

And the Court does, therefore, acipiit him, B.rnard liourke, private, of Company "A," 3d U. S. Infantry.

Finding and acquittal confirmed. The prisoner will he released from arrest and returned to duty.

btk. DeWitt Lindscy, unassigned recruit, of 3d U. S. Infantry, on the following charge and specification:

CIIAKGE:

^'•Assmlt and Battery.'"

SPECIFICATION: "In this, that he, DcWitt Llndsey., an unassigned recruit, of 3d U. S. Infantry, did, on or about the Gth day

of January, 186G, without just cau^e or provocation, attack and brutally beat one Jolin Fur.ocr.son, private, of Coini)any 'K,' M U. S. Infantry, by str]i<in<»- liiin on the head with a .stone. This at St. Louis, Mo.''

To which char<je and specification tlie i)risoner i)leaded 'Not gnilty.''

riNDiNCi:

Tlie Coiu't, liavin<i' maturely considered the evidence adchiced, finds the prisoner as follows:

Of the specification, •' Guilty.'' Of the charge, ''Gullhj.''

.SKNTEN'CE:

And the Court does, tlierefore, sentence liini, DeWift Lindsey, unassigned recruit, of 3d U. 8. Infantry, ''to be imprisoned for the period of two (2) months, at hard hibor, witli the loss of all paj- and allowances during such imprisonment, under the direction of the General eonunandi:ig.''

Finding and seutencf^ confirmed. 'I'iie sto[)i>age of pay will l)e made by the projjer officer. The sentence of imprisonment will be carried into eft'ect at the St. Louis jMilitary Prison, in St. Tvouis, Mo.

I

II. . .Before a (ieneral Court Martial which convened at Fort Craig, N. M., pursuant to Special Order \o. 11, series of 180."), Headquarters District of New Mexico, Assistant Adjutant General's office, Santa Fe, N. 3[., November 10, 180."), and of which Colonel FRANCISCO P. AURKII. 1st Infantry N. ~Sl. Volunteers, is Presi- dent, was arraigned and ti-icd:

Jo.se Chacon, private, of Company "C,"' 1st Infantry New Mex- ican Volunteers, on tlx' following chai'ge and specification:

ciiARCi::

' ■'Murder.''

SPECIFICATiox: * • In this, that he, ./o.sv ('/mcoti, private, of Com- l)any •(.',' 1st Infantry New Mexican \'olunteers, on or about the 2.")tli day of Octoi)er, 180.">, at or near Fort (^raig, in the Ten-itory of New Mexico, then and there being, did fi'lo- niously, willtuily, and with malic<' albrethouglit, discharge a certain tire-arni. then and there loaded and charged with guni)owder and bullets, which fire-arm the said Jose Chacon in his hand then and there held at, against, and upon one I). C. A])|)legate, a private in Company 'E,' 1st Veteran Infantry California Volunteers, thereby iiifiicting Mpon the

I

body of the iiforcsaid Ai)i)lcf!:at(' ii mortal wound, in eoii.-ie- queiice of which said mortal wound, murderous-ly inflicted bv the aforesaid Chacon, the aforesaid Applegate thereafter died.*"

To whieli cliar^a- and specification tlie prisoner })lcaded ''Nut gxiUy.

I'INDINC:

Tiie Court, having maturely considered the evidence adduced, linds the prisoner as follows:

Of the specilication, ' '■Nut (jHilty.'' Of the char<?e, ''Not (ju'dty.''

And the Court does, therefore, ac(|uit him, the said Jose Chacon, private, of Company "C,"' 1st Infantry N. M. Volunteers.

Findin<^ and acquittal confirmed. The prisoner will be released from arrest and returned to dutv.

ir

*,^

r

BY COMMAND OF MAIOH-GKXF.HAL POPE.

OFI-ICIAI.:

J. J'. SIIERBURNE,

Assistant Adjutant General

"»"»*»^«i<.«^:-

IIEADQUATlTERS, DEPARTMENT OF THE MISSOUR[,

ST. Lofis, Mo., Febninnj l-if/i, 1SG6.

GENERAL ORDERS,

Xo. 18.

I... Before a Genci'al Court 3Iarlial wliicli convened at Fort Leavenwortli, Kansas, pursuant to Special Order Ko. 114, series of 1805, from these Headquarters, and of wliich Brigadier and JJrovet 3Iajor General W. L. ELLIOTT, U. S. Voliuiteers, is Presi- dent, Avere ai'i-aigned and tried:

1st, William L. Fulcher, private, of Company "C,"' 13th Missouri Volunteer Cavaby, on the following cliarges and specifications:

ciiAKCE 1ST:

' '■ Drscrtlon.''

SPKCIFICATIOX: "In tlii>!, that ho, William L. FalcJier, an enlisted soldier in the service of the United States, private, of Com- j)anj^ 'C,' 13th Missouri Volunteer Cavahy. did desert the said service of the United States on or about the 1st day of January, ISGG, and did remain absent therefrom until deliv- ci'ed up as a prisoner, on or about the Gtli day of January, 18GG. This at Fort liCavenworth, Kansas. •'

CHARGE 2D:

'' Conduct to the pi-ejndlce of good order and ml'ltary discipline.''

SPECIFICATION 1ST: "In this, that he, WUlia~m L. Fuhdicr. an enlisted soldier in the service of the United States, private, of Company 'C,' 13th Missouri Volunteer Cavalry, in company with one Albert Godfrey, an enlisted soldier, private, of Company "E,' 4tli U. S. Volunteer Infantry, did feloniously take and carry away from the office of Major Ellis, Additional Paymaster U. S. A., one iron safe contnining money, to-wit: tAventy-three thousand four luindred and sixty-eight and thirty-three one-hundredths dollars ($23.- 4G8 31), with the intent to convert and appropriate the said money to tlieir own use and benelit. This at Fort Leaven- worth, Kansas, on or about the 1st day of January, 1866.''

i

IIUU nlf

SPECincATiox 2D: ••In tlii-^. tliat lie, WUlinm L. Fulcher, an enlisted soldier in the service of the United States, private, of Company 'C,' 13rh Missonri Volnnteer Cavalry, in company with one AlbcMt Godfrey, a private soldier, of Company •E,"' 4th U. S. N'olnnteer Infantry, did feloniously take and cany away from the olHee of 31ajor Ellis, Additional Pay- master U. S. A.. with the intent to convert and appropriate the same to their own use and benetit, one Colt's revolving rifle, the public property of the United States, and one Eem- ington revolvin<>- ])isto]. the pi'ivate propert}'of Major Bowen, Additional Paymaster U. S. A. This at Fort Leavenworth, Kansas, on or "about the 1st day of Januarj-, ISi'A).''

SPECIFICATION 3I>: "In this, that lie, William L. Falc/irr, an enlisted soldier in the service of the United States, private, of Company "C,' TMi Missonri Volunteer Cavalry, in company with one Albert Godfrey, a private soldier, of Company •E,' 4th U. S. Volunteer Iniantiy, did feloniously take and carry away from the ottice of Major Ellis, Additional Pay- master U.S. A., Avith the intent'to convert and appropriate tlie same to their own use and benetit, two pairs of trowsers, one coat.^ and one vest, they being the private propertj^ of Hamau Kemper, Paymaster's clerk. This at Fort l^eavenworth. Kansas, on or about the 1st day of January, ISdij.''

To which charges and specincations the prisoner pleaded ' • Guilfij.''


Of the specification, first charge, ' •Guilty.'' Of the first charge, '' Guilty.'' Of the first specification, second charge, • 'Guilty.'' Of the second specification, second charge, ''^Guilty.'' Of the third specification, second charge, • • Guilty.'' Of the second charge. ' • Guilty.

SKNTEN'CE:

And the Court does, therefore, senlence iiim, the said William L. Fulchrr, private, of Company "C,"' 13th ^lissonri A'olunteer Cav- alry, '-to be dishonorably discharged the service of tlie United States: to forfeit all pay and allowances now due or to become due: and to be confined at hard labor, in such penitentiary as the General commanding the Depaitment may direct, for the period of ten vears.

Finding and sentence coidinned. William L. Fulchrr., pi-ivate, of Company '"C," 13tli .Missouri Volunteer Cavalry, is hereby dishonorably discharged the service of the United States. The

stoppii<>e of pay \\ill be iiiatle by the proper oflicer. The .sentence of iuiprisonment Avill be carried into eftect at tlie ili-fsouri h^tate Penitentiary at Jetterson City, Missouri. The commanding' otiicer at Fort Leavenworth, Kansas, willVause the within-named prisoner, William L. Fulchcr, private, of Company "C," 13tli Missonri Volunteer Cavalry, to be taken to Jefterson City, Missouri, and there turned over to the Warden of the State Penitentiary, who will be furnislied at the same time with a copy of this Order.

2d. Albert Godfrey, private, of Company "E," 4th U. S. A'olunteer Infantiy. on the followino; charges and specitications:

CHARGE Isr:

'' Desertion. ''

SrKCiFiCAiioN: "In this, that he. Albert Godfrey, private. :in enlisted soldier in tlie service of the United'.States, of Com- pany "E.' -Jth U. S. Volunteer Infantry, did desert the said service of the I'nitcd States on or about" thejst day of Janu- ar}', 18G(), and did remain absent tlierefroni until delivered up as a prisoner, on or about the (Uh day of January, 18GG. This at Fort Leavenworth, Kansas.'"

CHARCiK 2D:

' ^Conduct to the prejudice of good order and military discipline.

SrECii'ic'ATiox 1ST: '"In this, that he, Albert Godfrey, private, an enlisted soldier in the service of the United States, of Com- pany 'E,' 4th U. S. Volunteer Infantry, in company Avith one William L. Fulcher, a private soldier, of Company 'C,' 13th Missouri Volunteer Cavalry, did feloniously take and carry away from the oIKce of ^lajor Ellis, Additional Pay- master U. S. A., one iron safe Vontainino- money, to-wit: twenty-three thousand four hundred and sixt}'-eight and thirty-one one-hundredlhs dollars ($23,4G8 31), Avith the intent to convert and ajtpropriate the said money to their own use and benefit. This at Fort Leavenworth, Kansas, on or about the 1st day of January, 18GG.''

SPECIFICATIOX 2I>: '•In this, that he. Albert Godfrey, private, an enlisted soldier in the service of tlie United States, of Com- pany -E,'4th U. S. A'olunteer Infantry, in company with one AVilliam L. Fulcher. a private soldier, of Company 'C,' 13th Missoiu'i Volunteer Cavalry, did feloniously take and carry away, with tlie intent to'convert and appropriate the same to their own use and benetit, one Colt's revolving ritle, the public property of the United States, and one Eemington I'evolving i)istol,"the private property of,3Iajor Bowen, Additional Paymaster U. S. A. This at Fort Leavenworth. Kansas, on or about the 1st day of January, 18G6.''

U

I

Si'ECiKiCATxox 3J>: "hi tins, tliat he, Albert Godfrey, private, an enlisted soldier in the service of tlie United iStates, of Com- pany'E,' 4th U. S. Volunteer Infantry, in company Avith one AVilliam L. Fiik-hei-, a private sohUer, of Company 'C,' 13th Missouri Volunteer Cavalry, did feloniously take ami carjy away, with the intent to convert and appropriate the same to their own use aiul l)enellt, two ])airs of trowsei-s, one coat, and one vest, they being the ])rivat(^ iiroperty of Hainan Keuiper, Paymaster's' clerk. This at Fort Leavenworth, Kansas, on or about the 1st day of January, 18G0.''

and 'J'o Avhieh chari^es '' Qidlty.''

specitications the prisoner i)]eade(.l

FIXDIXG:

The Court, haviui^- niaiiu-ely consiilered the evidence adduced, finds the prisoner as follows:

Of the specification, first chari>-e, • -Gidtty.'' Of the first charge, ''Guilty.'' Of the first specification, second charge, • ■ Guilly.'' Of the second si)Ccification, second charge, ^'Guilty.'''' Of the third specification, second charge, '•'■Guilty.''' Of the second charge, '' Guilty.''

SKNTKXCi::

And the Court does, therefore, sentence hiui, the said Albert God- frey., private, of Company "E,"4t]iU. S. Volunteer Infantry, ''to be dishonorably discharged the service of the United States; to forfeit all pay and allowances now due or to become due; and to he confined at hard labor, in such penitentiary as the General commanding the Department may direct, for the period of ten years.''

Finding and sentence confirmed. Albert Godfrey, private, of Company "E, " 4th U. S. Volunteer Infantry, is hereby dishonorably discharged the service of the United States. The stoppage of pay will be made by the proper officer. The sentence of imprisonment Mill be carried into efiect at the Missouri State Penitentiary, at Jefferson City, Mo. The commanding officer at Fort Leaven- worth, Kansas, will cause the within-named prisoner, Albert God^ frey, private, of Company "-E," 4tli U. S. Voliniteer Infantry, to be taken to Jefferson City, Mo., and there turned over to the Warden of the State Penitentiarj', who will be funushed at the same time with a cojiy of this Order.

II . . . Before a Military Commission which convened at Spring- field, Missouri, j^ursuant to Special Order Xo. 79, series of 1805, from Headquarters District of Southwest Missouri, and of which

Major KoswKi.L K. IIAKT, IGth Missouii Volunteer C'uvalr\', is President, were arraigned and tried: '^!'

I

Kelson Chapman, Samuel M. Thompson of the so-called Confederate States Army and speeillcations:

a7id John Bruce, soldiers on the following'charofes

'' \'iolation of the laivs of ivar.''

SrECU'iCATiox: "In this, that tliey. the said Nelson Chapman. Samuel M. Thompson, and John Bruce, soldiers belonjjino' to Chapman's Company of Snavel's lie<>iment of the Army of the so-ealled Confederate States of America, rebels in arms ajrainst the Government of the United States, did, dnring the months of April and May, 18(55, enter and come within the lines of the military forces of the United States; and, withont ever havin.ii; snrrendercd to the nearest military post, or to any of the military anthorities of the United States, did Inrk and travel abont in the State of Missouri, in arms, as outlaws and guerrillas, until captured, on or about the 5th day of Mav, 1SG5. at Greene county, Mo. This in the State of Mis- sou'ri, A. D. 18G5."

ciiARGi: 2D:

^^Being guerrilla marauders.''''

SrDCiFiCATiON: '"In this, that they, the said Nelson Chapman, Sainucl M. Thomjison, and Jolin Bruce, soldiers belonging to Chapman's Company of Snavel's llegiment of the Army of the so-called (Confederate States of America, rebel enemies of the Ignited States, did join a band of guerrillas, insurgents, and robbers, under the leadershi]) of one Charles Brownlee, a notorious guerrilla and marauder, and did eon- sort with said band of guerrillas, insurgents, and robbers, aforesaid, for the purpose of committing depredations upon the property, and acts of violence u])on the persons, of the loyal citizens of the State of Missouri. This in the State of Missouri, and in the months of April and Maj', 1865.''

To which chai'ges and specifications tlie accused pleaded as follows :

To tlie specilication, first charge, ' 'Not guilty.'' To the first charge, ' ^Not guilty.'' To the specification, second charge, ' 'Not guilty.'' To tlie second charge. ' 'Not guilty.''

FIXDIXG:

Tlie Court, liaving maturely considered the evidence adduced, finds the prisoners as follows:

'^

Of the .speoifit'atioii, lir?it charjje, ' • Guilty. Of the first charge, •' Guilty.'' Of tlie specification, secoiul chai'ge, ^'Guilty. Of the second charge, ''Guilty.''

SENTENCE:

And the Commission does, therefore, sL-iiii-nec tlieni, ycUon t Chapman, Samuel M. Thompson, and John Bruce, "to be imprls- F oned at liard labor for the term of ten years; in sucli prison as tlie General commanding may direct. *•

rroceedings, finding, and sentence confirmed. The prisoners will be delivered to the Provost Marshal General, Department of Missouri, for confinement, in accordance with the sentence, at such place as the Department Commander maj' direct.

Finding and sentence confirmed. The sentence of iinpiisou- ment will be carried into etteet at the Missouri State Penitentiary at Jeflerson City, Missouri. Term of imprisonment to date fiom June 11, 18G5. The commanding ofiicer of the St. Louis Military Prison will cause the above-named prisoners, Nelson Chajnnan, Samuel M. Thompson, and John Bruce, to be taken to Jefferson Citj', Missom-i, and there turned over to the \\'arden of the State Peniten- tiary, -who will be furnished at the same time with a copy of this Order.

BY COMMAND OF MAJOR-GENEUAL POPE.

J. P. SIIEEBUR^'E,

Assistant Aiijiiiant General, OFFICIAL:

ssisiant Adjutant General,

HEADQUARTERS, DEPARTMENT OF THE MISSOURI,

ST. Lori.s, Mo., Fcbninry 2?,, 1SG6.

GENERAL ORDERS,

No. 22.

I... Before a General Court Martial wliiel! convened at Fort Leavenwortli, Kansas, pursuant to Special Order iNo. 114, series of 1SG5, from these Headquarters, and of ^vllich Brigadier and Brevet Major General \Y. L. ELLIOTT, U. S. Volunteers, is Presi- dent, were ai-rai^-ned and tried:

\st. Tho7nas Dunwg, private, of Company ''II," 3d Battalion ISth United States Infantry, on tlie following charge and specification :

CHAKGE:

' '■Conduct to the pj-ejudice of good ordir ami miliuai/ uiscipline.''

Si'K.ciFiCATiox; "In this, that lie, the said Thomas Dutiinf/. j^rivate, of Company 'II,J 'M Battalion 18th United States Infantry, liaving been duly di tailed and mounteel as a membin-of the guard, and i-egularly posted as a sentinel over pi-isoners, did allow one of them"(Orion H. Wiliianw. of Company '('.' 21st New York ("avalry) to escape, and did fail to report his escape to the sergeant of the guard or officer of the day. This at Foit Leavenwortli, Kansas, on or aboiit the 8th day of February, ]8(>G."

To whichchai'ge and specification the prisoner pleaded as follows:

To the specification, '' Guilty.'' To the charge, * '■Aot guilty.''

FINDING:

The Court, having maturely considered the evidence adduced, finds tlie prisoner as follows:

Of the specification, '' Guilty.'' Of the charge, '' Guilty.''

SENTENCE:

And the Court does, therefore, sentence him, the said Thomas Duning, private, of Company "II," 3d Battalion 18th United

S-atcs Infantry, "to be confined at hard labor, in chnr^re of the -ur.vd, for the period of thirty d:iys, and to forfeit ten dollars ($10(

of lilsp-V-"

Findin;^ and sentence eonrirmed. The stoppng'c of pay will be made by the i)roper officer. The sentence of iinpi-isonnient will bo carried intocllt'Ct at Fort Leaven worth, Kansas, under the direction of the ca:uniandin<^ olfijer at that p,:)5?t.

2d. John C. Miay.hy, private, of Company "II." 1st Battalion 13tii United States Infantry, on the following chari^c and specification:

CIIAKGE:

'' Conduce to ths prejudice of good order and military discipline.''

SPECIFICATION: "In this, that he, the said John C. Murphy, private, of Company 'II,' 1st Battalion llJtli United States h\~ I'antry, did <iec drnnk at his company quarters, and did take a butciier-knife, from the company mess-room and ô into the company quarters, sa3'ing'tliat he would *cut the hearts out of the damned sons of bitches of non-commissioned officers,' or words to that eft'ect; and did attack and attempt to stab Ser<iêant James McManus, of the >ame company and reoîment, cuttin<? liim on the back. This at Fort Leaven- worth, Kansas, on or about the 30th day of Jaiuiary, 18(JG."

To which chari^c and specification the prisoner pleaded ^'■Not guilty.'"

FINDING:

The Court, havin<;- matureh' considered the evidence adduced, finds the prisoner as follows:

Of the specification, '■•Ouilty.,'''' except the words "from the company mess-room,'' and sayin^j that lie would ' 'cut the liearts out of the sons of bitches of non-commiss'oned officers," or words to that effect.

Of the charge, '' Ouilty.''

SENTENCE:

And the Court does, therefore, sentence him, the said John C. Murphy, private, of Company "II," 1st Battalion 13th United Infantry, "to be confined at hard labor, in charge of the guard, for the period of one month, and to forfeit ten dollars per month of his pay for two months."'

Finding and sentence confirmed. The stoppage of pay will be made by the proper officer. The sentence of imprisonment will

be carried into effect at Fort Leavenwortli, Kansas, under tlio direction of the commanding officer at that post.

3d. JoJin Jackson Washington Miller, private, of Company ' 'F,'' 1st Battalion 18th United States Infantry, on the following charge and specification:

CHARGE:

'■^Drunkenness on guard.''''

SrECii-'iCATiox: ' 'In this, that he, the said John Jackson Washington Miller, private, of Company 'F,' 1st Battalion 18th United States Iiifantiy, liaving been regularly detailed and mounted as a member of the guard, did become drunk on his guard before he was resruhirly relieved, so much so as to be incapable of performing" his dnties as a sentinel. This at Fort Leaven\v()rtl», Kaiisas, on or about the second day of February, 18GG."

To which charge and specification the piisoner pleaded ''Guilty."

The Court, having maturely considered the evidence adduced, confirms the pica of the prisoner and finds him as follows:

Of the specification, ''Guilty.'' Of the charge, ''Guilty.'"

SENTENCE:

And the Court does, therefore, sentence him, the said John Jack- son Wash'ington Miller, private, of Company '"F," 1st Battalion ISth United States Infantiy, "to bo confined at hard labor, in charge of the guard, for the period of three months, Avith ball and chain attached to leg, the ball not to weigh less than ten pounds."

Finding and sentence confirmed. The sentence of imprisonment -will be carried into effect at Fort Leavenwortli, Kansas, under the direction of the commanding olflcer at that post.

4th. George T. Roh'inson. late Lieutenant and then Major, Chief Engineer Department of Kansas, on the following charges and specifications:

CHARGE 1ST:

'■'•Conduct to the prejudice of good order and military discipline.''

SPECIFICATION 1ST: "In this, that he, the said George T. Robinson, late Lieutenant and then Major, when acting as Chief Engineer of the Department of Kansas, having been ordered

by liis Dcpartiiient Commander to erect or euu^e to be erected certain bari-acks and stables at Fort Scott, Kansas, in said Department, instead of enterins>- into a contract for the lumber for the same, did iniproperh" authorize and allow one Kamis, a citizen, to enter Into a verl)al contract with one Dimon for an indefniite amount of lumber for such purpose; and that said Eamis was, in consequence of such authority; enabled to make, and did make, with said Dimon a contract for furnishing to the I'nitcd States an indetinite amount of lumber at an extravagant and unwarrantable rate and ])rice. This at or near Fort Leavenworth, Kaiisas, on or about tlie lothday of April, 18G5."

SPECIFICATIOX 2r>: "In this, that he, the said Georfje T. Rohinson, late Lieutenant and then Major, when actins: as Chief Engin- eer of the De]iartnient of Kansas, did, as'sucli. make and deliver to one Dimon, a citizen, a receipt or voucher in which he certiried to the elfect that the United States had rc<;eived from said Dimon lumber to the amount of seventj' thousand (70,000) feet and upwards, and that there was due and pay- able therefoi- to said Dimon by the United States the rate and price of tifty dollars (SoO) per thousand feet: whereas the said Robuison had no good and suflicient reason for believinj;: or certifying that the United States had received the sai<l full amount of lumber, or had, in fact, received a greater amount than tifty thousand (53,000) feet of the same; and further well knew, or had good reason to believe, that the said Dimon had contracted to fin-nisli said lumber to the United States at the rate and pi-ice of forty dollars ($40) per tnousand feet, and that the rate charged iii said voucher was extortionate and fraudulent. This at or near Fort Leavenworth, Kansas, on or about the 14th day of July, 1SG5,''

CHARGK 2D:

' 'Making and dclicerlnfi a voucher certifying th€ receipt of public property, used or to be used in the military se7~vice of the United States, without having full knowledge of the facts therein stated, and with the intent to defraud or injure the United States, in violation of Act of 2d of March, 18G3, chapter G7, sec'ion 1. " " '

SrECiFiCATiON: "In tliis, that lie, George T. Robinson, late Lieuten- ant and then Major, Avhen acting as Chief Engineer of the Department of Kansas, and being duly antliorized as snch to make and deliver a voucher certifying the r.'ceipt by the United States of certain i)ublic property—to-wit: lumber used or to be used in the military service "thereof—did make iuid. deliver to one Dimon, a citizen, a written voucher for the receijjt from him by the United States of seventy thousand (70,000) feet or npwards of said lumber, to be })aid for at the rate of fifty dollars ($50) per thousand feet of the same—he. the said Robinson, not having full knowletige or being properly informed and assured that the said tuU amount of lumber mentioned in said voucher liad ever been actually- received h\ the United States, or that the same was i)ro])erIy to be paid for at the said rate; and intending, by the making

.111(1 delivery of 8IK-1I voiiclier, to defraiul or injure the United States by iuithoriziii<>- the payment for a much j>"roater amount of lumber than had actually been received by it, and at a much iiiofher price than it had contracted to pay. This at or near Fort lieavenwortli, Kansas, on or about the 14th day of July, 1SG5."

To all of whicli charges ami spocilicatioiis tlie i)risoner pleaded '' Not (luilty.''

The Court, havinpf maturely considered the evidence adduced, flnds the prisoner as follows:

Of tlie first specification, first char<^e, '•Guilty,'''' except the words "at an extravagant and unwarrantable rate and price.''

Of the second specification, first charge, ^'Guilty,'''' except the words "and further well knew, or had good reason to believe, that the said Dimon had contracted to furnish said lumber to the United States at the rate and price of forty dollars ($40) per thousand feet, and that the rate charged in said voucher was extortionate and fraudulent.''

Of the first charge, '' Gu'dty.'' Of the specification, second charge, ' '•Not guilty.'' Of the second charge, '•'■Not guilty.''

SENTENCE:

And the Court does, therefore, sentence him, the said George T. Robinson, late Lieutenant and then Major, Chief Engineer Depart- ment of Kansas, "to pay to the United States tlie sum of one thousand dollars ($1,000) lawful money; in defaidt ot Avliich. to be imprisoned at such place as the General commanding the Depart- ment may designate, for such a number of days, at the rate of five dollars ($5) per day, until the fine is paid.""

Tlie proceedings in the case of George T. Robinson., late Lieu- t"nant and then Major, are disapproved. Under the ruling of the Judge Advocate General of the Army, although it is strictly legal to try by Court Martial a civilian, formerh^, but, not at the time in the military or naval service, for ottenses committed in violation of the act of March 2, 1803, under which act the second charge in this case is laid, and which expressly confers such jurisdiction, yet there is no authority for the trial of such offender by a militaiy court under one or more of the Articles of War, these being enacted solely for the government of the armies of tlie United

6

States, aiul applicable onlj- to the acts of those in the military service.

The prisoner has been brought to trial under the following charg-es:

1. Conduct prejudicial to good order and military discipline.

2. Violation of the act of March 2, 1863.

lie is convicted under the first charge and acquitted under the second charge. Inasmuch as the prisoner, having been honorably discharged from the United States service prior to his trial, is no longer amenable before a military court for any offense declared criminal by the Articles of \Var. and no act of Congress rendering a citizen not in the military service so amenable, the pi'oceedings of the Court in the within case, so far as concerns the first charge, are irregular and illegal, and the imposition and enforcement of a sentence based on such illegal proceedings wholly unwarranted by law.

The prisoner will be immediately released from arrest.

BY COMMAND OF MAjorw-GEXEUAL PorE.

J. P. SHEKBURNE,

Assistant Adjutcmt General.

OFFICIAL:


1 IIKADQUAlfTERS. DEPARTMENT OF THE :\IISSOi:i{l,

ST. T-orrs, Mo., February -ly't, 18(JG.

GENERAL OEDERS.

No. 2.\

I . . . . Before a General Court Martial which convened at Fort Leavenworth, Kansas, pursuant to Special Order No. 114, series of 18G5, from those Headquarters, and of which Brigadier and Brevet Major General W. L. ELLIOTT, U, S. Volunteers, is Presi- d(Mit. wore arraigned and tried:

\st. James C. Hayward, private, of 1st Michigan Veteran Vol- (uiteer Cavalry, on the following charge and specification:

•' Conduct to the prejudire of qood order and niUltary dii^clpline.'"

Si'ECiFK'ATiox: 'Mn this, that he, Jame.i C. Hayvard, private, of 1st Michigan Veteran ^'olunteer Cavalry, having been orderetl by Sergeant Thomas AVebster. of the sauu' regiment, to assist in ])olicing the grounds around the barr.'icks occupied by the "attaches" at Fort Eeavenworth. Kansas, did positively refuse to obey said order. l)y saying he would • be God- damned if he would do it;" that he would 'see him (Ser- geant Webster) dannied if he would shovel dirt;' or words to that eftect; he, the said Sergeant AVebster. being then and there in the execution of his office. This at or near Fort Leavenworth. Kansas, on or about tlie 2d dav of Fel)ruarv, 18(56. •■

To which charge and (jKilty."

■ipecification the pi-isoupr pleaded -'Not

Lyi

The Court, having maturely considered the evidence adduced, liuds the prisoner as follows:

Of the specification. • • GaUly.'' Of the charge, '' Gidlty.''

SENTKXCK:

And the Court doL'S, tlioi-eforo. •sentonee him. the said James C. Hayioard, private, of 1st Miehi<?an Veteran YoUinteer Cavahy, '■to be contined at hard labor, in char<je of the guard, for tlie period of one month, and to forfeit ten dollars (SIO) per month of his pav for two months.'" k

Finding; and sentenee contlrmed. The stoppage of pay will be made bj- the proper- offleer. The sentenee of imprisonment will be carried into effect at Fort Leavenworth, Kansas, under the direction of the commanding otHeer at tliat po«r.

'2(L Alfred Vesei/. private, of Company "II,'" 1st Battalion i;itli U. S. Infantry, on tlie folk)wing charge and specification:

ciiAnoK:

' ^Conduct in ilic prejudice of (food order and itiiVdnry dlxeipHne.^^

SPKCIFICATIOX: '-In this, that he. Alfred TV.«r'.. i)rivate. of Com- ])any -H." 1st Battalion Kitli L'.' 8. Infaiitry. did feloniously steal from one Francis M. Law, a private soldier of (Company 'E," 2d Battalion 18th V. S. Infantry, witli the intent to convert and appropriate the same to his own \ise and benetit. tlie sum of one liundred and forty-six dollars or ni)war(ls (SIKJ M) ot money. This at Fort Leavenwortli. I\ans;i<. on or about the -ifitli'day of .lanuary, isiii;." •

To which charge and specillcation the prisouci' ])lea(lcd • • yd yuilhj.

The Com't. having maturely considered the evidence adduceii, linds the prisoner as follows:

Of the specification, "Not r/niUj/."' Of the charge, • ■ Xoi guUfy."

And the (Jourt does, therefore. ac([uit him, the said Alfred Vesey private, ()f Company ••II,"" Ist Battalion i:^th U. S. Infantry.

Finding and acquittal continued. The i)i'i<on"r will be relca-al from ai-rest and rcturneil to duty.

II Before a General Court Martial which convened at Jefferson Barracks, Mo., pur>uant to Special Order Xo. 3.}, current series, from these Headquarters, and of which :>[ajor and Brevet Colonel^ J. N. G. WHISTLEH, i:Uh C. S. Infantry, is IVesident. were arraigned and tried:

Ifit. C. Forfncr iuu] J. Driscoll. privnles, ot Company ''H,"' 10th U. S. Infantry, and F. Bon-ers, private, of Company "E," M U. S. Infantry, on the followhio: charge and specitication:

CHAiun::

' 'Neglect of duty to the prcju<li-:e of good order and inilitdrg discipline.

STKCIKICATION: '-In tlii.<. tliat thev. tlie j^aid C. Forfncr and J . Driscoll, privates, of Company '11,' 10th U. S. Infantry, and F. Botrers, private, of Con"ipany 'E,' 3d U. S. Infantry, haviiiiif been rf<>-nlarly detaih'd for jrnard duty, and duly phvecd in rharyc of a workint;' party (prisoners^), did carelessly and ne.trligentlv permit one of .*aid prisoners to make his escape. This at".Jefferson Rarracks, ;^ro.. on or about tiie Utli day of February. 18(J(5.''

To which charge and specification they, the prisoners, each and all of them, pleaded •• Not guilty.'"

iiM)iN(i :

The Court, having maturely considered the evidence adduced, finds the prisoners, C. Forfncr and /. DrisroU, privates, of Com- pany ''II," 10th U. S. Infantry, and F. Bowers, private, of Company "E," 3d U. S. Infantry, as follows:

Of the specitication. '■'G.ii'.fg,''^ except the words ••carelessly and negligently. '"

Of the charge, -'Guiltg.''

IJENTKXCr,:

And the Court does, therefore, sentence them, John (\ Forfner and J. Drlscoll, privates, of Company '"II." 10th U. S. Infantry, and F. Bowers, private, of Company "E," 3dU. S. Infantry, "to forfeit to the United States sixteen dollars (SlG) per month of their monthly pay for two months, and to be confined at hard labor, in charge of the guard, wearing a ball and chain attached to their left leg. for the same period. "

Finding and sL-ntence conlirmed. The stoppage of pu}' will be made by the proper otticers. The sentence of imprisonment "will be carried into effect at Jefferson Barracks, ^lo., under the direction of the commanding officer at that post.

2(L Thonim Smith, private, of Company "E," 10th U. S. Infantry, on the following charge and specitication:

U

,/'

CIIAKGE:

• DnmkeiuK'HS o)t dufy.'' I

Si'KCiFicATiox: ••III this, tliat lie, the said Thomis Smith, private, of Company "E,' 10th U. S. Tiifantry, liaviiij;^ been re;j;-iilarly detailed and mounted for <>-uanl duty, did absent liimseif from said duty and become so drunk as to be unable to perform the duties of a soldier. This at Jefferson Barracks., Mo., on or about the ()tli day of February, ISlilJ.''

To which charife and specilication the prisoner pleaded " CluiUy."

The Court, having maturely considered the evidence adduced, confirms the plea of the prisoner and finds him as follows: \

Of the specification, '' Guilty. Of the charge, '' Guilty.''

SENTKNCE:

And the Court does, therefore, sentence him, the saitl Thomas Smith, private, of Company "E," 10th U. S. Infantry, "to be confined at hard labor, in charge of the guard, for tlie period of three (3) months, wearing a ball and chain attached to liis left leg for the same period.''

Finding and sentence confirmed. The sentence will be carried into eitect at Jefferson Barracks, Mo., luuler tlie direction of the commanding ollieer at that post.''

M. M'illiam Herson, private, of Company "C."' 10th V. S. Infantry, on the following charges ant! specitications:

CHAKGE Isr:

• •Disobedience uf orders.''

Spp;ciyiCATiON: '-In this, that he, Willinm Ilerson, private, of Company 'C,' 10th U. J?. Infantry, having been ordered by Sergeant George W. Carpenter, of Compaiiy 'C,' lOtli V. S. Infantry, to clean up certain ilirt which had been spilled in f the (piarters of his company, did positively retuse to do so. Tliis at Jetterson Barracks. 'Mo., on or about the 24th day of January, ISOG."'

cuAKui; 2i):

""Conduct to the prejudice of good order and military discipline.

SPECIFICATiox: "In this, that he, Wiliiayn Herson, private, of Company "C," 10th Y. S. Infantry, having been ordered by

,» I

Sersveant George W. Ciirponter. of Company '0.' 10th U. S. Infantry (beinjr at tlie time in tlio execution of liis office), to come Avitli liim to tlie ii-uuni-liouse, did reply to tlie said (Jeorije W. Carpenter in tlie tollo\vin<i' lanîiaiê: ■ Vou God- damned .son of a bitch I T will put a bullet tliroui>li your heart the first chance that I jjet;' or words to that etfeet. This at Jefferson Barracks. Mo., on or about the twenty-fourth day of January, 18G()."'

To which cliarofes ami sj)ecirtcations tlie prisoner pleaded '•'Not qn;lfi/."'

visinsii:

The Court, haviui,'- maturely considered the evidence adduced, finds the prisoner as follows:

Of the specification, first charoê, "Guilty.'''' Of the first charoê, *' Guilty.'' Of the specification, second char<;e. • •Guilty.'' Of the second charge, • • Guilty.''

SEXTENC'K:

And the Court does, therefore, sentence him, tiie said Wiliiain Hcrson, private, of Company 'C,' 10th U. S. Infantry, "to forfeit to the United States ten dollars ($10) per month of his moiithlj' pay tor six months, and to be confined at hard labor, in char<iê of the guard, wearing a ball and chain attached to his left leg, for the same period.''

Finding and sentence confirmed. Tlie stoppage of pay will be made by the proper officer. The sentence of imprisonment will be carried into effect at Jefferson Barivicks, Mo., under the direction of the commanding officer at that post.

4th. Win. H. C/uttick, private, of Company ''B,'" 10th U. S. Infantry, on the following charges and specifications:

CHAiKJE 1ST:

71

'Absence without Icuce.'

SrECIFKATIOX I'KATiox: "In this, that he, Il'm. H. C'hittrifc. private, of Company 'B,' 10th U. S. Infantry, a duly-enlistetl soldier in the service of the United States, did, without leave from proper authority, on the niorning of the lltli day of Feb- ruary, 18(j(), absent himself from reveille roll-call, until late at evening of tlie same day. This at Jelferson Barracks, Missouri. ■■

CHARGE ID:

''•Conduct to the prejudice of good order and military discipline.''''

a

qpECiFiCATiox: "In tliis, tliat lio, Wm. H. Chittrik. privatf, of Company'B,' 10th U.S. Infantry, liaviiifr boon rofjularlj- (lotailod for guai'd dnty on tlio )nornin<>- of Fobi-nary lltli. 18(!(>, did absent liinisolf from liis oom|)any ami ro^imoiit until late in tiio ovonin<r of the samo day, iii order to avoid tiie guard (hity aforesaid. This at Joffor.son Harraok.s, Mo."

To which cliarges and spooitieations tiio prisoner pleaded "Guilty.''

The Court, having maturely considered the evidence adduced, contirms the plea of the prisoner and finds him as follows f

Of the specification, first charge, ' • Guilty."' Of the first charge, •' Guilty,'' Of the specification, second cliarge, ' • Guilty."' Of the second charge, ''■Guilty.''

SKNTKXCK:

And the Court does, therefore, sentence liiui. the said Wm. H Chittick, private, of Company '-B," 10th U. S. Infantiy. "to forfeit to the United States fourteen dollars (Sl4) of his monthly pay for one month, and to be confined at hard labor, in charge of the guard for the same pei'iod.''

Finding and sentence contirmed. The stoppage of pay will be made by the proper ofiicei-. The sentence of imprisonment will be carried into effect at Jelferson Barracks, Mo., under the direction of the commanding otticer at that post.

BY COMMAND OF MAJOR-GKXKHAL TOPE.

J. r. SHERBUKNE,

Assistant Adjutatit General.

llEADQUARTEny, DEPARTMENT OF THE MlbSOVia.

ST. l^oris. Mo.. Marrh l.s7. ISGG.

(;EXEIJAL OEDEKS,

No. 28.

1... Before a Genei-al Court Martial wliicl! eoiivencd at .leflier- son Barracks, Mo., pursuant to Special Order No. 35, current series, from these Headquarters, and of wliicli Major and Brevet ColonelJ. N. G. WHISTI.EK, 13tli United States Infantry, is Presi- dent, Averc arraif>ned and tried:

Ist. J(U)ies Brown, private, of Company "C," lOtli United States Infantry, on the followiuir chari>e and specitieation:

* ^Absence without leave.''

Si'KCiriCATiox: "In tliis, that he, Jdincs Broini. private, of Com- pany 'C,' lOtii United States Infantry, did ahscnt himself from retreat and tattoo roll-calls of liis Company on tin; 1st day ot PVbruary, 18r>(!, and from reveille roll-call of liis Coini>anv on tiie 2d day of Fehiniary. 1800. All this at Jefferson Bar-i-acks. Mo., on or about the 1st and 2d days of February, 18GG. *'

To which charge and specification the prisoner pleaded '■'■Gxilty." l/s

Tlie Court, havinjj maturely considennl the evidence adduced, confirms the plea of the prisoner, and finds him as follows:

Of the specification, '■'G/uJti/." Of the charg-c. '' Gitlltij.''

SRNTEXCK:

And tlic Court does, therefore, sentence him, the said James Brown, private, of Company "C,"' lOtli United States Infantrj^ • 'to forfeit to the T'nited States ten dollars ($10) of his monthly pay for the period of one month.''

Finding and sentence confirmed. The stoppage of pay will be made by tlie pro])er oflicer. 'The prisoner will be released from arrest and returned to dutv.

2

!oni- 'om t

•oll- 1SG(). and

Jail.

'2(1. Jolin Murphy, private, of Company "f,"" lOtli I'nitod States Infantry, on tlic foUowinf? cliur<i:o.s and spocitientions:

CHARGE IST:

''Absence without leave.'"

Si'F.riKiCATiox: "In this, tliat he. John Murphy, private, of Cr pany 'C,' lOtli riiited States Infantry, did. withont leave fi proper autliority, a1)sent liimself from retreat and tattoo r calls of iiis Conipany on the '2i»th day of January, 1SG(K ; from reveille roll-call of said Company on tlu- IJOtll day of uary, 1800. Tiiis at Jett'erson Barracks, Mo."'

CHARGE 2i):

^ "^ Larceny.''

SPECIFICATION "In this, that he. John Murphy. i)rivate, of Com- pany 'C,'" 10th United States Infantry, did feloniously steal the Yollowin;? articles of elothino:, with the intent to appro- ])rjate the same to his own use and benefit: One (1) <^reat coat, of the value of twelve dollars ($12,); one (1) pair of trowsers, of the value of four dollars and seventy-five cents ($4.7")); two (2) shirts, of the value of four dollars and sixty- four cents ($4.(i4); one (1) pair of stockings, of the value of forty-ei<i:ht (4S) cents; all the property of enlisted men of the same I'efriment. This at Jett'ersou Harracks. Mo., on or about the 2Dth day of .lamiary, 1800.'"

To wiiich cIiaro[es and specitlcations the prisoner pleaded as follows:

To the specification, first char<je. '■'■ Guilty.-^ To the first charo:e, '•'Guilty.'''' To the specification, second char<^e. '•'■Not guilty.'' To the second charge, '■'Nut gu'dty."'

FIXDIXG:

The Court, having maturely considered the evidence addiueil, confirms the plea of the prisoner, and finds hin^i as follows :

Of the specification, first charge, "•Gu'dty.''' Of the first charge, '' Guilty.'' Of tlie specification, second charge, ' 'Not gu'dty.'' Of the second charge. ' 'Not guilty.''

SENTENCE:

And the Court does, therefore, sentence him, the said John Mur- phy, private, of Company "(\" IQth I'nited States Infantry, "to forfeit to the I'nited States ten dollars ($10) of his monthly pay for the period of one month.''

3

Findiiit? ami sentence contiimed. Tlie stoppage of pay will be made by tlie proper ottieer. Tlie prisoner \vill be released from arrest and returned to duty.

IW. Edward Mclntire. private, of (_'ompany '"F,"' 3d United States Infantry, on the following eliarge and speeitieation:

'' Desertion.''

SrKciKnArioN: **Intliis. that lie. the said Edward Mclntire. pi-i- vate, of Company "F," 3d United States Infantry, being a dnly-enlisted soldier in the service of the United States, did desei-t the said service, on or abont the evening of the 12th day of January, 1S(1(J, and did remain absent until brought back in charge of a guard on the evening of the Kith day of .lanuarv, 1^<0(). This at Jeflerson Barracks, Mo.. on or about .January Kith, ISGO."

To which charge and specification the prisoner pleaded as follows;

To the specification, '•'■Nut guilty.'''' To the charge, '^Nut guilty.''''


Of the specification, '■'■Nut guilty.''' Of the charge, '•'•Nut guilty.''

And the Court docs, therefore, act^uit him, the said Edward Mclntire, private, of Company '-F," 3d United States Infantry.

Finding and acquittal confirmed. The prisoner will be released from ari-est and returned to duty.

\th. Jo/in Moore, private, of Company "'C," lUth United States Infantry, on the following charges and specifications:

CIIARGK 1ST:

•' Desertion.'"

SPECIFICATION: "In this, that he. the said Jolin Moore. i)rivate, of Company 'C lOtli I'nited States Infantry, a duly-enlisted soldier in the service of the United States, did, on or abont the 2!)th day of January. 1S0(). absent himself from and desert said service, and remained absent until arrested, on or about the 30th dav of January. 18(10. This at St. Louis, Mo."

\j'i

CHARGK 2D:

• 'Larceny.^ ^

SPKCIFICATIOX. '"Ill tliis, that lie, the said Ju/iii Moore, pi-ivate, oi Company 'C,' lOtli United States Infantiy. did feloiiionsly steal the"following articles of clothin,i>-, with intent to ai)pro"- pnate the same to his own nse and benetit, viz: One (1) ;!>Teat-coat of the value of $12; one (1) pair of trowsers of ► the value of .$4.75; two (2) shirts of the value of $4.04; and one (1) pail' of stoekinos of the value of 4S('.; all the property of enh'sted men of sanx; icîfinient. This at .Jefferson JJarracks, 3Io,, on or about the 2!Jth day of January, 1806."

To which cliarg-e^ ;ind specifications the prisoner pleaded "Not aidltij."

The Court, liavin^^- maturely considered the evidence ad(hicetl, tiiids the prisoner as follows:

Of tlie specification, first charge. • ■{iulUi/," except the wonls • -and desert."'

Of the fli'st cjiarîre. •'Nut (jn'dfy,"' but i;iiilty of -'altscnce without leave."

Of the speiilication, second char<,''e. • 'Not gidliy. Of the second chai'ge, • ^Noi guilty.

.SKNTKXCE:

And the Court does, therefore, sentence him, the said John Moore, private, of Coinpaiij' "C," 10th United States Infantry, "to refund to the United States all expenses which may havi> been incurred in his apprehension; to forfeit to the Ujiited States fourteen dollars ($14) of his montldy pay for the period of one month, and to be conlhied at hard labor, under chai'ge of the guard, for the period of thirty (30) days."'

FiJidino- and sentence conlii'med. The sfoppaiê of iây and expenses will be made by the proper ofticer. The sentence of imprisonment will be canied into effect at Jefferson Barracks. Mo., under the direction of the commandin;,'' oflicer at that post.""

II . . . The General Court 3Iartial convened at St. Uouis, Mo.« under Special Order 'So. 10, series of 1805, froni these Headquar- ters, and of which Lieutenant-Colonel E. E. JJHVAXT. oOth Keî- ment Wisconsin Volunteer Infantry, was oriofinally President, is hereby dissolved.

Ill . . . 'l"lu,' (ic'iiL-ml (.'ourt Martial coiivcnod at St. Loiii.s. Mo., pursuant to Special Orilcr No. SO, series of 18G5, from these Head- quarters, and of whieh Brevet Brii^adier-Gciieral Joiix L. BKYKI:-

IDOE, U. S. v., was President, is hereby dissolved.

I\^ . . . The Oeiieral Coni-t ^Mai'tial convened at Fort Leaven- worth, Kansas, by virtue of .Special Order No. 114, series of 18G5. from these Headquartei-s. and of wliieh Bri<fadiei- and Brevet Major General \V. L. Ki.i^ioTr, I'. S. V.. was President, is hereby dissolved .

i^{i;'

:^,^

V" . . . The General Court Martial convened at Davenport, Iowa, by Special Order Xo. 81. scries of 1805, from these Headquarters, aud of which Major EI>\VAHD DKT.SHV, A. A. D. C , was President, is hereby dissolved.

\l . . . The Genei'al Court Martial convened at Jefferson Bar- lacks, 31o., under Special Order No. 121, series of 1865, from these Headquarters, and of which Brevet Colonel J. N. G. AVIIISTI.KK,

13th U. S. Infantry, was President, is liereby dissolved.

VII . . . Tlie Military Commission convened at St. Louis, ^lo.. by Special Order No. 40, September 5th, 18G5 (for the trial of Wm. Murphy and others), and of which Brevet Brigadier-General Joiix L. BEVERIDGK, U. S. V., Avas President, is hereby dissolved.

BV COMMAND OF MAJOK-GE.NKUAL POPE.

J. p. SIIEKBUBNE,

Assistant Adjutant Qeno'al,

OFKICIAI.:

k/'

^•*«,^,^.

i

iiKAi)(;)rAirri':i?s. DEPAKTMEXT OE THK MISSOURI,

ST. EOIIS, MO., Mari-h 2. ISCC.

GEXEKAL OJJDEKS.

No. 20.

1 . . . . IJeforc a (General Court Martial Avliich oonvened at Scho- lield iJarracks, St. Louis, Mo., piirsuaiit to Special Order No. 38, curreDt series, from these Headquarters, and of which Colonel and Brevet Brigadier-General P. Momnsox, I^. S.^-^is President, Avere arraigned and tried:

\fit. Frederick Beck, corpoial, of Company '"A," 3d U. S. In- fantry, on tlie following charge and specification:

*■ ^ C(»iduci to the prejudice of good order and military discipline,''

Si'ECiFiCATioN : ' 'In this, that he, tlie said Frederick Beck, corporal, of Company 'A,' 3d U. S. Infantry, did take from tlie person of the fate Sergeant Daniel O'Connor, of Company *K,' 3d U. S. Infantiy, one silver -watch, the property of said Sergeant O'Connor, witli intent to appropriate the same to liis own use and ))enelit. Tliis at St. Louis, Mo., on or about tlie 12th or KJtli day of February, 18G0.''

To ■which cbiu-ge and specification the prisoner plea<led '■^Not (julHy.

l,/l

The Court, having maturely considered the evidence adduced, linds the prisoner as follows:

Of the specification, ^-Not (jullty." Of the charge, ^^Not guilty.''

And the (Jourt does, therefore, acquit Inm, the said Frederick Bed;, corporal, of Company "A,'" 3d U. S. Infantry.

Finding and acquittal confirmed. Tlie prisoner will be released from arrest and returned to duty.

'2d. Tltomas Sullirnu, private, of Com])any '-A," 3d U. S. Infantry, on the following charges and speciiicatioiis:

2

CTiAnr.K 1ST:

'■•Qiii/fhiij /lis 'piiin! irUlhod /rarr <„• itrfinit urrr:^sihi.''

Si'KCiKiCATiox: •■rii this, tliat lie. tlio said T/imnas S,)f/inni. \)n- vato, of Coiiipaiiv -A/ :{(l 11. S. Infantry. l)cin^- r('<.-:ulai'ly detailed for oiiard duty and i)ost('d as a sentinel, did (|uit his post and irnard witlioiit leave or ur<:ent necessity. 'JMiis at Seliofield iian-aeks. St. TiOuis. Mo., on oi- about the :5d day iif F<'l)ruary. ISdG."'

ciiAiuii; "ii)".

^'Cottdact to f/ie prejudice of good ordn- and military discipline.''^

SPKCTFICATIOX: "In this, that he. the said Th«u>af< SxUimn. private, of ("ompanv -A.' M U. S. Infantry, did lend his aid and assist one AViiliani Mason, private, of same eompany. in seeretin<? the coat of First Lieutenant K. A. Beljyer, M V. S. Infiintrv. well knowing the same to have been stolen. This at Seliofield Bari-acks, !^t. Louis. Mo.. on or al)Out the Hd day of I'>bruarv, 18(')().''

To whieh ehar<>"es and s^x'eitieations tlic prisoner pleadecl "Nut guilty.''

i'iNi)l\<i:

Tlie Court, havini>' maturely eonsidered the evidenee addueed, finds the prisoner as follows:

Of the specification, first charge, ' ■ Guilty."' Of tlie first charo-e, '' Guilty.'" Of the specification, second charge. '-Not guilty.'' Of the second charge. '•'Not guilty. " -

SENTEXCK:

And the Court does, therefore, sentence him, the said Tlmmas Sulllrau. private, of Company ^A," ;{d V. S. Infantry, -'to be confined, under charge of the guard, for twenty days from the date of the promulgation of this sentence: and to walk each day during that time, in front of the guard, from reveille until tattoo, witli the exception of lialf an hour, which shall he allowed for each meal: and to forfeit ten dollars (SlO) of his monthly pay for one month."

Finding and sentence confirmed. The stojipagi" of pay will be made by the proper officer. The sentence of imprisonment will bo carried into ettect at ychofield Barracks, St. T.ouis. Mo., under tlie direction of tiie commanding officer of that post.

M. William Hull, private, of Company ' -B."' M I'. S. Infantry, on the following charge and specification:

i^«

CUMiCK:

'' Desertion. ''

SPKCIKICATION : ••In tliis. tliiit ho. tlic said Wlllinm Hull, private, of Conipaiiy 'H." 'M\ V. S. Infantry, a cluly-enliMtetl soldier in tiie serviee of tiie United States', did, on or abont tlie •id day of Jannary. lS(>(i. ai)sent liiniself from and desert said service, and i-eniained absent nntii arrested, on or about tlie •iStli day of January, 1S(R;. Tiiis at Seliotield Harraeks, St. Louis, Nlo.''

To wliicii eliai'i;'!' and s[)ecirieation the i)risoner pleaded "Nvt

I'INDINCi:

TiieCoiU'i, having' matiu'ely eousiilereil the evitienee addueed, tiiuls the prisoner as follows:

Of tiie speeitieation. ^'GtiUty,''' except tlie words ••and desert." Of tlie char>!:e, "Xof rfuiff;/,'' but ir'iilty of ••absence without

leave.

SKXTKXCK:

And the Court tloes, therefore, sentei-.ce him. WUIlam Hull, private, of Company -'B,"' lid U. S. Infantry, ••to be conliiu'd. under <iuard, for tifteeii days from the date of the promul<r;ition of tins sentence; and to walk in front of the »ruard each day durin<i- that time from reveille until tattoo, with the exception of half an hour, which shall \w allowed for each meal; and to forfeit to the L'liited States ten doUaivs (Sl(t) of his monthly pay for one month.""

l'"iiidin<f and sentence contirined. The stoppaj^e of pay will be made by the proper olHcer. The sentence of imprisoiinu'iit will hi" carried into etfect at Schotield Barnicks, St. Louis, Mo., tmder the direction of the commandinj:: olHccr of that post.

Atk. Jdlin Fitzfiirulil, private, of Company ••!$,*" 3d U. S. In- fantry, on the followiii<;- cliarj-e and sp<'citication:

fHAKGE:


SPKCIKICATION: ••In thi-. that he, the saitl John Fifzm'rald, private, of Company 'B,' M V. S. Infantry, a duly-enlisted soldier iu the service of the I'liited States, did, on or about the 'I'M <lay of .January. 1S(»(), absent himself from and desert .said service, and remained absent until arrested, on or about the 27th day of .January. ISC.r,. 'I'liis at Schotield Barracks, St. Louis, !MO. ""

To which cliaiyv ami spoeiticatiuu tlif prisoiu-i- pU-aded ''■Not guilty.'' f

The Court, having maturely ooui^ulcrod the evkleuee adduced, i finds tlie prisoner us follows: |

Of the specification, ■'Guilty.'" f Of thecliarge, ''Guilty.''

SENTENCE:

And the Court does, therefore, sentence him, the .-^aid John Fitz- gerald, private, of Company '"B," 3d U. !?. Infantry, "to forfeit all pay and allowances that are or may become due him, excepf so mucli as will pay the just dues of the laundress and sutler, and ore dollar per montli, until discharged; and to be confined at hard labor, under guard, for the term of six months from the promulgation of this sentence, wearing: a ball Aveighing twelve pounds attached to liis left leg by a chain five feet long, and be indelibly marked with a letter 'D' one and a half indies long upon liis right hip; and, at the expiration of the term of his sentence, to be tlishonorably discharged the service of the United States.''

Finding and sentence confirmed. .So much of the sentence as directs that the prisoner be "indelibly marked witli the letter 'D,' one and a half inches long, upon his right hip,'' is remittt^d. The stoppage of pay will be made bj' the proper officer. The sentence of imprisonment will be carried into eft'ect at the St. Louis Military Prison, at St. Louis, 3Io. The remainder of the sentence will be carried into effect by tlie commanding officer of Company "B," 3dU. S. Lifantry.

oth. Charles Huber, private, of Company '"A,"' ;kl L. S. Infantry, on the following charge and specifications:

'' Conduct to Vie prejudice of good order and )iulitary discipline.

SPECIFICATION 1ST: ''in this, that he, the said Charlea Huber, private, of Company 'A,' 3d U. S. Infantry, did. wheu ordered by Sergeant \Vm. J. Lamb, of the same company, to do certain police duty, refuse to obey said order. 'I'his at Schofield Barracks. St. Louis, Mo., on'or about the 27fh day of January, 1SG6.'"

Sl'ECiFiCATiox 2r): "In tliis. that he, tlie said Charles Hxber, private, of Coinpaiiy 'A,' 'Ad U. S, Infantry, ilid, wlien abont Ix'ing arrcstt'd and taken to tlie <iiiard-lionse by Ser- ofeant Wni. .1. Lamb, of tlie same company, otfer violenoo. to and kieiv said Sei-<icant I.amb in tiie face. This at St. Louis, Mo., on or abont tlie 27tli day of Jaiuiary, 180G.''

To wliich cbar<;e and si)eeilications tlie prisoner i)leaded ••JS'ot

FiNi)ix(;:

The Court, haviiit>' maturely considered the evidence adduced, finds the prisoner as follows:

Of the lirst specitieatioii, ' •2\''ot (jnUti/.'' Of the second .s])ccitication, ' "yut guiltij.'' Of the cliar<>-e, "Not (jnUfy.''

And the Court does, therefore, actpiit liim, the said Charles Hiibtr, private, of Company ••A,'' 3d U. S. Infantry.

Findiii<i- and ac(piittal confirmed. The prisoner w ill be released from arrest and returned to dutv.

iJ^/(. ^^'iclivlu.-i Budao/i, private, of Company '"H,"' 3d U. S. Infaiiti-y, on the l\)llo\viii<r ehar<;c and specitieation:

cnAH(iE:

'"'Desertion.

.Si'iciKiCATiox: ••In this, that ho. the said Nicholas Baason. private, of Company 'II. "3dU. S. Infuntry, a duly-enlisted soldier in the service of the United States, did. on or about the 7th day of February, lS(i(i, absent liimself from and ilesert said service, and remained absent until arrested, on or about the lOtli day of Februarv, 18(i«. This at St. Louis, Mo."

To wliich char<>e and specitieation the prisoner pleaded ^'Not (pulfij.''

i'iM)ix(;:

The Court, havin<>' maturely consideretl the evidence adduced, finds the prisoner as follows;

Of the specitieation, "Guilty,''' except the words ''and desert." Of the charge, "Not puUty,'"' but iruilty of '•absence without

leave."

SKXTKXt K:

And the Court does, therefore, sentence him, the said Nicholas Bauson, private, of Company 'II," 3d V. S. Infaiitj-y, -'to make

jjood to the United States tliirty dollars ($:K)) paid for his apprehension, by stoppa<;-e of ten dollars (::^10) per month from his monthly pay for three eousecntive mouths.''

Findinjr and sentence conlirmed. The stoppage of pay will be made by the proper otllcer. The prisoner will be released from arrest and returned to duty.

II . . . Before a General Court Martial whieli eonvened at Fort Suelling-, Minnesota, pursuant to Speeial Order No. 'M), current series, from Ileadipiarters District of Minnesota. Department of Missom-i, St. Paul, 31innesota. and of whieli Captain .M. K. r.vLMKR, 'i^d Veteran Iteserve Corps, is Tresident, was iirraii;iHd and tried:

Jauic's Arbnthnot, Company "A,"' 3d U.S. Veteran ^■oll\n^ecr^, on the followinj,^ charjjfe and speeilications;

Sl'ECll'lCATlON 1ST

• Larceny.

•In this, that he, the ._ _ _, _ _ said J(///(f.s Arbdthnut, private, of Company -A," ;5d U. S. Vtiterau ^^)lunteers, bein<i' on duty as r«ist-liakcr at Fort SneUinjr. Minnesota, did feloniously take a lar<i-(; quantity, to wit: Forty-nine loaves of bread, more or less, the i)roperty of the Fost, for which Brevet Captain Theod(n-e Schwan, V. S. Army. Post-Treasurer, was resj)onsible, and did sell the bread aforesaid to one "Mullen, a citi/en, for ninety-ei>;'ht (US) cents, apiu-opriatin«i- the proceeds to his own use and benetit. This at Fort Siifllin<>-, Minnesota, on or about the 23d (hiy of .humary, 18(](j."'

SrixiFicATioN "2i>: "In this, that he, the said Jmucs Arhuthuot, private, of Company 'A,' 3d F. S. "^ on duty as Post-Baker at Fort Si\el Iuty as Post-Baker at Fort SiieHiui!;, Minnesota, did feloniously take and steal lifteen (1."}) loaves of breati, more or less, the i)roperty of the Post, for which Brevet Captain Theodore Schwan, L'. S. Army, Post-'I'reasurer, was n>spons- ible, and did sell the bi-ead aforesaid to one Mullen, a citizen, for sevent>'-tive (7.'>) cents, appropriatinj;- the pi-o- ceeds to his own use and benelit. This at Fort Suellinir, Minnesota, on or about the 20th day of January, 18()()."

SrECU'iCATiox 3i): "la this, that he, the said James Arbut/iiinf. private, of Company 'A,' 3d F. S. Veteran Vohmteers. bein;,^ on duty as Post-Baker at Fort Suelliufr, Minnesota, did feloniously take and steal live (.")) loaves of bread, the property of the Post, for whidi Brevet Captain Theodore Schwan, F. S. Army, Post-Treasurer, was responsible, and did sell the said bread to one Harrison Pthodes, a citizen, for twenty- five (2.")) cents, more or less, at)propriatino- the; said amount to his own use and benetit. 'I'his nt Fort Snellinji-, Minne- sota,.on or about the 21th dav of .huiuarv. ISWI."

Si'iu'iiifATiox 4rir: '-lii tliis, tliiil lio, tlic >:\'u\ JmnrH Arbnflmot, private, of Coiiipniiy 'A.' .'{«1 V. S. Vetornn Volimtecis, boinf,' oil duty n< I'ost-Hakci-at Kort Sii('lliii<r, Minnesota, ilid t'ejo- iiioiislC take and steal ten (10) loa\cs of bread, more or less, I lie ](i<>i)erty of (lie I'ost. for wiiieli IJrevet Caiplaiii Theotlore Seliwan, V. S. Annv. I'ost-'I'reasurer. was respon.-ible. ami did sell Hie bi-ead t<«"oiie Jdovd. a citizen, for titty (50) cents, appropriatinji- the saiil amount to his own use and bonotit. This at Fort Siielliu";-. Miiin(>sota. on or about the lOth day of January, ISfiO."

To wliiih eharii'e and specilieatioiis the prisoner i)leaded "'•Not

lINKIXCi :

'I'lie Court, havin<r lualurely considered the evidence adduced, linds the ]>risoncr as follows:

Of the first specification, "6'«/7/.v."' Of the second specilieatiou, ' '•Guilt}!. Of the third sii(»citication. ••Gii'iltii." Of the fourth s))ecification. ' • ihiilfy.'' Of the charge. ' '■Gui/fi/.'"

SKNTKXCK:

And the Court does, therefore, sentence him. the said James Arhitf/,))i,f. private, of Company "'A," 'M V. S. Veteran Volun- teers, '"to forfeit to the United States all pay and allowances that are now due or may become due liim. and to l)0 dishonorably (]isehar<red the service of the United States."

Finding and sentence coulirmed. The said J<n>HS ArbxIJimif. private, of (Company '"A,'" 'M\ U. S. Veteran Volunteers, is hereby dishonorably diseharged the service of the I'nited States. The stoi)page of pay will be made by the proper oiric(>r.

BY co>nr.v\n OK ^rA.ioK-tJi.M.nAi, T'OPE.

J. r. SIIEIJIUTRXE,

Assisfaiit Adjxfanf General,

Ori'uiAi.:

]1P:ADQUA1{TEKS, DKPAirr.MEXT OF THE MISSOUlU,

Si-. I.rx K. M.... Mnrrl. S. ISf,!).

(;KNl-:ifAL OlJDEllS.^

\(). ;!4. J

I . . . 15('t'()i-(' a (iciicnil Court Martial wliicli convonetl at JefFeison liari'acks, Mo., pursuant to ypccial Order No. ii"). ••urix'iit sci'ios. tVoiu these lleadiiuaiteis, and of wliieli ^fajor and JJrevet Colonel .1. N. (i. WnisTLKii. ];^tli V. S. Infantry, is riesident, were arraiji'ned and ti'ieil:

\xt. WUIi'DH Oakr.i, private, of (.'onipany "K," lOtli \]. S. Infantry, on the following charge and specification:

tHAi;(iE:

'■^Conduct to tlic prrjmllce of gaod order and mUifnry dhcipluic."'

Si'KciriCATiox: "'In this, that lie, the said Wifliarn ()oIe><, private, of Company 'K,' 10th l'. S. Infantiy, did, when ordered hy Lance-Sergeant AVni. Ashinead. of same Company, to assist ill drawing rations, positively refuse to obey in the following language: "I won't go;' or words to that etfect. 'i'liis at .letterson Barracks, AIo., on or alxmt the 8th day of Feb- ruary, ]S(i()."'

'!'() which charge and spccitii.-ation the jii isoiier i)ieadeil '■Gullfij."

The Court, having maturely considered the evidence adduced, contirms the plea of the prisoner, and finds liim as follows:

Of the specification, '' Gulliy.'' Of the charge, -Oidlty.'"

SENTKXCK:

And the Court does, therefore, sentence him, the said Wi'l'mm Oaken, private, of Company 'K,' 10th IT. S. Infantry, '"to forfeit to the United Sttites twelve dollars ($12) per month of his monthly pay for the period of six months, and to be confined at hard labor, in eliarge of the guard, for the same period."'

Finding- and sentence confirmed. The stoppag-e of pay will be made by the proper ofHcer. The sentence of imprisonment will be carried intoettect at Jetferson Barracks, Mo., nnder the direction of the commanding otficer at that post.

Id. Robert T. Ellis, private, of Company "A, "3d Battalion 13th U. S. Infantry, on the following charges and specifications:

CHARGE 1ST:

'' Conduct to the prejudice of good order and militanj discipline.''

SPECIFICATiox: '"In this, that he, the said Robert T. Ellis, private, of Company 'A,' 3d Battalion 13th U. IS. Infantry, when directed by Fisher F. Fletclier, sergeant in charge of recruit- ing rendezvous, to take some blanks to his commanding oiHcer's quarters, did positively refuse to obey, sayhig '•that he would not do it for him or any other damned man.' This at Harrisbiu-g, Pa., on or about the 15th daj' of January, 183(3."

ciiARGK 2o:

•'Absence without leave."'

SPECIFICATION: ' Tn tiiis, that he, the said Robert T. EUis, private, of Company "A,' 3d Battalion 13th U. S. Infantry, having been duly placed in charge of the rendezvous for the night, did absent himself, without proper authority, from about 8 o'clock ill the evening until about 3 o'clock in the morning. This at llarri.^burg, I'a., on or about the 15th day of Janu- ary, IS'oG.''

To which charges and specifications the prisoner pleaded '••Not guilt'j.''


Of the specification, first charge, '■•Guilty.'''' Of the first charge, • • Guilty.'' Of the speciiication, second charge, ' 'Not guilty.''' Of the second charge, ••Not guilty.''

SEXTEXCK:

And the Court does, therefore, sentence him, the said Robert T. Ellis, private, of Company "A," 3d Battalion 13th U. S. Infantry, '•to forfeit to the United States ten dollars ($10) per month of his monthly pay for three nionUis.''

i

Fintlins and sentence ooniinned. The stoppaiê of i)ay will be miide by the proper officer. Tlie prisoner will be released from arrest and returned to duty.

:W. Hu(!/i Dionford, private, of Company '"K," 10th U. S. Infantry, on tlie followin.u" charo-e and specification:

c'liAKr.r.:

' '■ Diwhedleuec of orders.''

SrKCiFiCATiox: '"Tn this, that he. t1ie said HNC]JI Dinnfunl. pj-i- vatc, of Company "K,' lOlh U. S. Infantry, did. in violation of the orders of his company commander, commit a nnisance nnon the ^ronnd^ ad.joinin.<r tlie quarters of his comnany. 'I'his at JetTerson Barracks. Mo., on or al)ont the 12th day "of February, ISGIi."

To Avliich ehnr<;-e and si)ecification tlie prisoner pleaded '■'Not (juUty.''

The Court, having- maturely considered the evidence adchu-ed, finds the prisoner as follows:

Of the specification, •' GnUiy.'' Of the ehar<fo, ■'"Not qiilUy."' but jûilty of ''conduct to the

prejudice of <ôod order and military discipline.''

SEXTKXC'K:

And the Court does, therefore, sentence him, the said Hugh Diunford, private, of Company "K," 10th II. S. Infantry, '"to forfeit to the United States five dollars (So) of his monthly pay for one month."'

riiidinir and sentence confirmed. The stoppa<ê of pay will l)e made by the proper officer. The prisonei' will be released from arrest and returned to dut.y.

ith. Lorenzo Beh, sergeant, of Company "B,'" 10th U. S. In- fantry, on the followinir cliar:i-e and specification:

CHARGE:

Condnci to the prejudice of good o)-der ani military discipline.''

Si'ECiFiCATiox: "In tliis. that he, the said Lorenzo Bch. sergeant, of Cojiipany 'B.' 10th 1^ S. Infantrv, wliilc sergeant of the post-guard at JcfTerson Barracks, Mo., did, when visited bv the ofiicer of the day, report 'the guard and prisoners all

JK-:i^'i^g''" ^^M'-y^ate^^».\:: -^i-^^"

. . ■: if

present,' at the same time knowiiijr that tliree members of the o'uard were absent. This at Jefferson Barracks, >Io., on or about the 2d day of l\'braar\-, KSGG.''

To wliieh charge and speeihcation tlie prisoner pleaded • ^Not guilty.''

Tlie Court, havinji; maturi'ly considered tlic cvidcnrc adduciMl, finds the prisoner as follows:

Of the specification, •'(^ni'f)/,'' except tlie woid ••knowing." Of the cliaro-e. ^'Gid'Jy.''

SKNTKXCi;:

And tlie Court does, therefore, sentence liim, tlic said Lorrnzo hdz. sergeant, of Company "B.'' lUth I'. S. Infantry, "to forfeit to the Uniti'd States one niontli's jiay. and to be reprimanded in orders by the conunanding olHcer of his Hatt;dion.

Finding and sentence coniiinied. Tlie stoppage of pay will l)e made Ijy the proper ofHcer. The prisoner will be released from arrest and returned to duty.

^yth. Henry George, iiiiassigned recruit, i;Uh I'. S. Infantry, on the following charge and spccifl(;atioii:

ciiAUiii;:

' • Desertion.' *

Sl'KCiFiCATiox: '"111 tliis. tiiat lu'. the said llmry (ieurye. unassigned recruit. 13th I'. S. Infantry, a duly-eiilisted soldier in the service of the Ignited States, did absent himself from and <lesert said service, on or about the ITtli day of December. 1805, and remained alisent until arrested, on or aViout the 27th dav of .Tanuarv, 18()(i. This at or near .letferson Bar- racks. Mo."

To which charge and spccilication tlie prisoner pleaded "A'tv^ guilty.'' i#

The Court, having maturely considered the evidence addueed, finds the prisoiiei- as follows:

Of the specification, ' • Guilty.'' Of the charge, ''Guilty.'"

SEXTEXCK:

Ami the Court dues, thcri'fore, seiitoiico liiiii, tlie ?aicl Henry George, una.s.sig'iiotl recruit, 13tli U. S. Infantry, "to be dishonorably discbai-<red tbe serviee of tlie I'nited States; to forfeit to tlie I'nited States all pay and allowanees that are now or may beeome due him, except tlie just dues of the laundress and sutler; to be indelibly nnirked with the letter '1),' one and one-half inehes lou",*-. on the left hij); and to be eontlned at hard laboi", at sueh plaee as tlie conimandinj; (Jeneral of the Department may desiirnate, for the period of three years." *

l''indin<i-and sentenei' conlirnied. So niiicli of tlie .-enlenee as directs that the pri>oner be •'indelibly marked with the letter •!).' one and one-half inches lonj^-, on the left hip,'" i-; remitted. Jinny (ii'onje. recruit, L'ith V. S. Infantiy, is hereby dishonorably discliar^red the service of the United States. The stoppage of pay will he made by the proper ofHcer. 'J'he sentence of imprisonment will he carried intoetfect at the Mis><)uri State renitentiary. at .letferxm City, Mo. The comnnmdin<j: ofHcer at .letlerson Barracks, Mo., will cause the prisoner to be forwarded, under <>uard, to Jefferson City, and turned over to the "Warden of the State I*enitentiary. who at the same time will be lur:ii-lied with a <-opy of this Order.

<)M WiUiain ('arsuii^ jtrivate, of Company ••('.'" Idlh L'. S. In- fantry, on the following-cliar^-es ;ind si)ecilicati(>ns:

cHAUCK l.-r:

' • Ih'-ser/lo/i. •'

Si'KOiKif'ATio.N: ••In this, that he. the said W'llHnin Carxoii, priv.it(\ of Comf)any -C.' lOth I'.S. Infantry, a duly-enlisted soldier in the service of the Inited States, "did, on oi' about the 2{)th day of .January, 180(5, absent lunHelf from and desert said service, and remained absent until arrested, on or about the aotli dav of .lanuarv, 18(;«. This at St. T-ouis. Mo."'

( iiAiaiK 1:1):

• • L(//crtiy.

SpKc iFicATioN : ••In this, that he. the said WiUhnii Gtrsiin. \)v\- vate, of Company •('.' lOth l'. S. Infantry, did feloniou-ly steal the followinj;' articles of clothing, with intent to a[)propriate the same to his own use and benelit, viz: One (1) ,ii'reat-eoat, of the value of 812: one (1) pair of trowsers, of the value of S4 T.")-, {\\o {•!) shirts, of the value of $4 04; one

(1) pair of stoolvinjjs. of the value of 48e.—all the property of enlisted men of same rejiinient. This at Jettei-son Barracks, 3Io., on or about the '29tli daj^ of January, 18GG.''

To Aviiifh cliaro-os and specifleations the prisoner pleaded ''■Not guilty r'

FiNi)i\(i:

The Court, havinjj: niatuivly considered Ihc c\iucnrc addmcn, finds the prisoner as follows:

Of the specitication. first cliai-sfc, "Ci-'f/i//?/," except the words ' 'and desert."

Of the first cl!ar<>-e, '■'Nuf gnUfy,^' \n\t ;iuiltv of ' ■absence without leave."

Of the specification, second cliarsxe, ' 'iVo/ riulliy.'' Of tiie second cliarsjê, ' 'Nui yîUfy.''

SENTKXCK:

And the Court does, therefore, sentence liini. tlic s;\id William Carso?i, private, of (J!ompany "('," 10th U. S. Infantry, ''to lefund to the United States all expenses which may have been incun-ed in his apprehension; to forfeit to tlie United States fourteen dollars ($14) of his monthly pay for the period of one month; and to he confined at hard labor, in charpê of the jjuard, for the period of tldrty (IJO) days.''

Finding- and sentence coiiiirnu-d. i in- MnîiKiê of jây and expenses will be made by the proper olticer. The sentence of imprisonment Avill be cai-ried into eflect at Jetlerson Barracks, ^lo., under the direction of tlie commandinf^ officer at tliat place.

7f/i. John Kccf/hlcr, private, of (Jonipany '-B," '2d Battalion IStli U. S. Infantry, on the following- charges and specifications:

CHAKGE 1ST:

'' Desertion . ■ "

Srr,ci]'iCATi()x: "In tliis. that he, the said Jo/m Kceqhler. pi-ivute, of Company 'B,' 2d Battalion 18th I'. S. Infantry, a dnly- cnlisted soldier in the service of tlie United States, did absent liimself fi-om and desert the said service while en route from Fort Leavenworth, Kansas, to Fort Kearney, Nebraska Territory, on or about the 28th daj- of November, 18G5, and remained absent until discovered at .Teirerson Barracks, ou or abont the 1.1th day of February, 186G.''

( ji \!;i>i; '2o:

' •Rc-cniiitlnr/ trit/tout a rcf/ul' :',njc.

SrECiFiCATiox: "In tlii.s, tliat lie, tlie said Ju/m KcegJUer. a duly- eiilisted soldier, of Compuuy 'JJ,' 'Id Battalion istii U. S. Infantry, did, without ever' haAii)<:: received a re^idar di-- cliar^'e from said eonipany and regiment, present himself for enlistment, and was enlisted, in the liJth IJ. IS. Infantry, under the name of Charles H. Allen.'' Tliis at or near Fort Leaveinvorth, Kansas, on or abont the 28th day of Novem- ber, 18G5.'-

To which charges and speeitications the prisoner pleaded

The Court, having maturely considered the evidence adduced, confirms the plea of the prisoner, and finds him as follows:

Of the specltication, first charge, ^'■GuUfij.'' Of the tirst charge, '' Guilty.'' Of the specification, second charge, *' Guilty.'' Of the second charge, '' Guilty.''

And the Court does, therefore, sentence liim, the said John Kee(jlilcr, private, of Company 'B,' 2d Battalion 18th U. S. In- liuitry, "to be dishonorably discharged the service of the United States: to forfeit to the United .States all pay and allowances that art- now or may become due him, except the just dues of the laundres;, and sutler; to be indelibly marked with the letter 'D,' one and one-half inches long, on the left hip; and to be confined at hard labor, at such place as the commanding General of the Department may designate, for the period of three years,''

Finding and sentence confirmed. So nuich of the sentence as directs tliat the prisoner be ' 'indelibly marked with the letter 'D,' one and one-half inches long, on the left hip,'' is remitted. John Keegldcr, private, of Company >'B," 2d Battalion 18tli U. S. In- fantry, is hereby dishonorably discharged the service of the United Stiifos. The stoppage of j)ay will be made by the proper olticer. The sentence of imprisonment will be carried into eflect at the Mis- souri State Penitentiary, at Jefferson City, Mo. The commanding officer at Jefferson Barracks, Mo., will cause the prisoner to be lor-

Sri'

vardod, undov gniavd, to JcftVrson Cit}-, and turned over to tho Warden of the State J'enitentiary, wlio at the same time will be I'urnislied with a eopy of this Order.

Sth. Ch'trlex A. (■:iri/, private, of Comi)any ••(','' "id Rattaiioii 18tli 1'. S. Infantry, on the following- eliar;j;es and speeilieatioiis:

c;nAK(;i; Isr:

' • Di'xi'rt'uiu .''

SPECIFICATION: "In this, that lie, th(» said C/mr/e.^ A. Cury, private, of Comitany '(',' id Battalion ISth V. S. Infantry, a diily-enlisted soldier in the serviee of the United States, did, on or about \\w 1st day of December, ISU"), while m runfe. from Fort Leavenwortli, Kansas, to Fort Kearne\\ Nebraska Territory, absent himself from and desert said serviee, and remained absent until on or about the ir)th dav of Februarv, ISBC)."

cuAi!(ii: 2D:

' '• Rc-oilMlti^ wiflidiit (I ri'yiildr difcliaiu/r.''

SPECIFICATION: "In this, that lie, the said (.'liarlrs A. Car)/, jirivate, of Company >C,' "Jd IJattalion 18tli L'. S. Infantry, a duly-enlisted soldier in the serviee of the I'nited States, did present himself for enlistment, and was enlisted, in the b'Jtli U. S. Infantry, nnder the name of Charles Catliii. 'I'his at or near Fort Leavenwortli. Kansas, on or about the 1st day of December, ISii")."'

To which cliaro'cs 'Gttilfij."''

and specitications the prisoner pleaded

\

The Court, havin<>- maturely considered the evidence adduced, confirms the plea of the prisoner, and tiiids him as follows:

Of the specification, first cliar<re, ' • Guilty."' Of the first charge, '' Guilty.'' Of the specification, second chai-ge, • • Guilty.'' Of the second charge, ■' Gui'fy.''

SENTENCE:

And the Court does, therefore, sentence him, the said Charles A- Cary, private, of Company "C." 2d Battalion ISth U. S. Inlantry, ' 'to be dishonorably discharged the service of the United States; to forfeit to the United States all pay and allowances that are now or may become due him, except the just dues of the laundress and

(•

9

sutler; to be indelibly marked with tlie letter 'I)/ one and one-half inches long, on the left hip; and to be oontined at hard labor, at such place as the oommandinij (Jencral of the Department may designate, for the pei'iod of three years."'

Finding and sentence confirmed. So mneh of the sentence as directs that the prisoner be "indelibly maHced with the letter '1),' one and one-half inches long, on the left hip,'' is remitted. Cli(i.-<. A. Cary, pi'ivate, of Company "C," 2d Battalion 18th U. S. In- fantry, is hereby dishonorably discharged the service of the United States. The stoppage of pay ■will be made by the proper officer. The sentence of imprisonment will be carried into effect at the ^lissouri State renitentiary, at Jefferson City, 3[o. 'J'he commanding otHcer at Jefferson Barracks, >fo,. will cnnse the prisoner to be forwarded, under guard, to Jeff'eison City. 3ro., and turned over to the Warden of the State renitentiary, who at the same time will be furnished with a coj)y of this Order.

BY COMMAND UI' .MA.J(>I:-(;KNEI!M, TorK.

J. P. SHERBURXE,

Assistant At/jidunt Oenernl.

OFFICIAL:

I lIEADQUATri'P:US, DEPARTMENT OF THE ]\lIl5t-0URr.

ST. Loris. ."Mo.. March 8, ISCC).

GEXEHAL OlfDERS,

No. 2'>.

I... Before a Geiieijil Court Mai-tial ^\lli(•l! coiivciied at Jellcr- soii Barracks, ;MO.. pursuant to Special Ordei- No. 'A't. jiarapi'aph ;{, current series, from tlieso Headquarters, and of wlueli Jlajoi- and Brevet Colonel J. X. (i. WUI-STLKU, l.'Jtii U. S. lidautiy, is President, were arraiyiied and tiied:

E, 1st. Jultii lbi<(n and Ju/m MrOt/i/ii/, pii\a(es, of ( IMII|.MI', J-,,

lOtli U. S. Infantry, and T. A. Lcfferts. unassi-iiicd leeruil, lOlii U. S. Infantry, on the foiiowin;;- eliar^i; and -iM'cilication:

ciiAUGi;:

'Ahne)irc without ffdvc.

Si'KCIl.

on or ahout tlie 27 N. Y.'

To wliieji eliar<ie and specific ation llie\'. tlie pii-oneis. pleaded "Ao< guiltij.''

FIX 1)1 xo:

The Court, having' nialin-ciy considered the evitleiUM- adduced, Ihids the prisoners as follows:

Of the specification, ^'-Not guilty."'' \- Of the charge, "-Not guilty."' " ■ .-•►»-*^-^ •»

And the Court does, therefore, acquit them, the said John Ryan and John McCarthy, privates, of Company "E," 10th I;. S. In- fmtrj-, and T. A. Leffert-^^, unassigned recruit, lOtli U. S. Infantry.

Finding and acquittal contirmed. Tiio prisoners will be released from ari'est and returned to duty.

■y'

'2d. T/iom'fs Smith, i)rivate, of Company "B," lOtli V. S. Infantry, on the following charges and speeitieations:

CHARGE 1ST:

' 'Larceny.''

SPKCIKICATIOX "'In this, that he, the said Thomaft Smith, ])rivate, of Company 'J5,' 10th U. S. Infantry, did feloniously steal, take, and carry away one razor-case, containing two razors, of the value of six dollars ($0.00). the i)roi)erty of ono Clias. Bridgeman, of Company 'E,' 10th V. 8. Infantry, with intent to ai)propriate the' same to his own use and benefit. This at Jefterson Barracks, Mo., on or about the 16th day of February, ISGO."'

CHARGE 2D:

' 'Absence without leave.''^

SrECiFiCATK^N: ''In this, that he, the said Thomas Smith, i)rivate, of Company 'B,' lOlb U. 8. Infantry, did, without leave from proper authority, absent himself from tattoo roll-call of his Company, on the 16th day of February, 18Gt!, and did remain absent until about 4 o'clock on the morning of the J7th day of February, 1866. This at Jetterson Barracks, Mo.''

To which charges and speeitieations the prisoner pleaded as follows:

To the specification, tirst charge, "JNV guilty.^'' To the first charge, ' 'Not guilty.'' To the specification, second charge, ' '•Guilty.''' To the second charge, '' Guilty.''

Tiie (yourt, having maturely considered the evidence adduced, finds the prisoner as follows :

Of the specification, first charge, ' '■Guilty.''' Of the first charge, '' Guilty.'' Of the specification, second charge, '■'Guilty.'''' Of the second charge, '■'■Guilty.''

SENTENCE:

And the Court does, therefore, sentence him, the said Thomas Smith, private, of Company "B," lOth U. S. Infantry, "to forfeit

n to tin' I'uitoil States all jKiy and allowanres that are now or nia\- beconio due liiin, except the just dues of the laundress and sutler; to be dishonorably discharged the service of ihe United States; and to be confined at liard labor, at such place as tlie General commanding the Department may designate, for the period of one year.'"

Finding and sentence confirmed. The said Thi,)nas Sinifh, jiiivate, of Comi)any ''IJ,'' 10th U. S. Infantry, is hei'eby dishonorably discharged the service of the United States. The stoppage of pay will be made by the proper ofHcer. The sentence of imprisonment will be carried into effect at the Missouri State Peniten- tiary, at Jefferson ("ity, Mo. The commanding officer at Jefferson Barracks, Mo., will cause the jirisoner to be taken to Jeflerson City, and tiurned over to the Warden of the State Penitentiary, who at the same time will ])c funnshed with a copj" of this Ordei'.

'.id. Wl/li'tm Fdlicy, private, of Company "T,'" lOtli U.S. Infantr}', on the following charge and specifi<'ation :

CII.\U(;K:

"Neylrct of dniy to ihe prejudice, of aood ordrr and niUitary dlseiplbie."'

SPKCii'iCATiox: "In this, that he, the said WlUimn Fahey, private', of Company "I," 10th U. S. Infantry, having been regularly detailed for guard duty and duly jiosted as a sentinel, did (juit his po-it, abandon his'musket, and engage in a conversation with another sentinel. This at Jefferson r>ai-racks. Mo., on or al)out th<' l!)th day of February, ISCO."

To whicii cliargi' and sjx'cification the prisoner [(leaded "Not guilty.''

FIM>IN(i:

The Court, having maturely considered the evidence adduced, tiiKls the prisoner as follows:

Of the specification, ''■Guilty," excej)t the words "quit his post, aiul engage in conversation with another sentinel.''

Of the charge, ^•G/nffy."

SKXTEXCK:

And the Court does, therefore, sentence him, the said WiUldm. Fahey, private, of Company "I,'' lOth U. S. Infantry, ' 'to forfeit to the United States si\-t(MMi dollars ($1G) per month of his monthly pay for the period of one month, and to be confined at hard labor, under charge of the guard, for the same period."

J\i

Finding and sentence confirmed. The stoppage of pay will be made by the proper officer. The sentence of imprisonment will be

^,««'' carried into elfect at Jefterson Barracks, INIo., under the direction of the commanding officer of that post.

ith. John E. Sloan, private, of Company '"G," 3d Battalioa ISth U.S. Infantry, on the following charge and specification ^

CHARGE:

'' Desertion.''

SPECIFICATION: "In this, tliathe, the said John E. Sloan, private, of Company 'G,' M Battalion 18th U.S. Infantry, u dnly- enlisted soldier in the service of tiie United States, did, on or about the 21)th day of January, 18(50, absent himself from and desert said service, and I'cmained absent until arrested, on or about the 31st day of January, 18GIJ. This at Jelferson Bar- racks, Mo."

To which charge and specification the prisoner pleaded ''Not guilty.''

!•


Of the specification, '' Guilty.'' Of the charge, "•Guilty.'"

SENTENCE:

And the Court does, therefore, sentence him, the said John E. Sloan, private, of Company "G," 3d Battalion 18th U. S. Infantry, "•to be dishonorablj'discharged the service of tlie United States; to forfeit to the United States all pay and allowauces that are now or may become due him, except the just dues of the laundress and sutler; to be indelibly marked with the letter 'D,' one and one-halt inches long, on the left hip; and to be confined at hard labor, at such place as the commanding General of the Deiiartment may designate, for the period of three years.''

Finding and sentence confirmed. So much of the sentence as directs that the prisoner be "indelibly marked with the letter •D,' one and one-half inches long, on the left hip," is remitted. John E. Sloan, private, of Company "G," 3d Battalion 18th U. S. Infantry, is hereby dishonorably discharged the service of the United States. The stoppage of pay will be made by the proper

u

i«

M

officer. The sentence of imprisonment will be carried into effect at tlie Missouri State Penitentiary at Jefferson Citj-, Mo. The commandino^ officer at Jefferson Barracks, Mo., will cause the prisoner to be taken to Jefferson City, and turned over to the Warden of Ihe State Penitentiary, who at the same time will be furnished with a copy of this Order.

oih. Bayron Brayton. private, of Company "G." 3d Battalion ISth U. S. Infantry, on tlie following charge and specification:

'' Desertion.''

SPECIFICATION: '"In this, that he. the said Bavron Brayfon. private, of Companv 'G.' .Id Battalion IStli'U. S. Tnlantry. a duly-enlisted soldier in the service of the Ignited States, did. on "or about th(! 29th day of January. 18(50, absent himself from and des(M-t tiie said service, and remain so absent until arresteil. on or about the lUst day of January, 18GG. This at Jefferson Barracks, Mo."

To which charge guilty"

and specification the prisoner pleaded "■Not

The Court, having maturely considered the evidence adduced, fiiuis the prisoner as follows:

Of the specification, '' Guilty.'' Of the charge, '■'Guilty.''

SEXTKXCE:

And the Coiu-t does, therefore, sentence him. the said Bayro Brayton, private, of Company "G," 3d Battalion ISth U. S. In- fantry, "to be dishonorably discharged the service of the United States; to forfeit to tlie United States all pay and allowances that are now due or may become due him. except the just dues of the laundress and sutler; to be indelibly marked with tlic letter 'D,' one and one-half inches long, on the left hip; and to be confined at hard labor, at such place as the commanding General of the De- partment may designate, for the period of three years.''

Finding and sentence confirmed. So much of the sentence as directs that the prisoner be ' -indelibly marked with the letter 'D,' one and one-half inches long, on the left hip,'' is remitted. Bay- ron Brayton, private, of Company "G," 3d Battalion ISth U. S-

J

J\

6

Infantry, is liereby tlishonorably discliar^cd the service of the United States. The stoppage of pay will be made by the proper otheer. The sentence of imprisonment will be carried into effect at the Missouri State Penitentiary, at Jefferson City, Mo. The commanding ofHeer at Jetterson Barracks, Mo., will cause the prisoner^ to be taken to Jefltcrson City, and turned over to the AV'arden of the State Penitentiary, who at the same time will be furnished with a copy of this Order.

ir . . . Before a General Court Martial which convened at Scho- field Barracks, St. Louis, Mo., pursuant to Special Order \o. 38. current seiies, from these Headquarters, and of which Colonel and Brevet Brigadier-General P. Momusox, U. S. A., is President, were arraigned and tried:

1st. Robert rerry^ private, of Company ' 'I,"" 3d U. S. Infantry, on the following charge and specification;

'' Sclthij or otherwise dlsposin;/ of his clotldng.''

SrECiFiCATiox: "'In this, that he. the said liohcrt Perry, private, of Company'I,' 3d V. S. Infantry, did sell or otherwise dispose of two knit shirts, of the Value of four dollars and fifty cents ($4.50); one pair of knit drawers, of tlu; value of one dollar and seventy-five cents ($1.75): one i)air of bootees, of the value of two "dollars and seventy cents (.S'i.TO); and one gr«iat-eoat, of the value of twelve dollars (SPi.OO): beiii? United States clothing, which had been issued to him for use in the military service. This at Schotield Barracks. St. Louis, Mo., on or about the Pith day of February. J8GG."

To which charge and specification the prisoner i)leaded '■'Not guilty.''

The Court, having maturely considered the evidence adduced, finds the prisoner as follo\\s:

Of the specification, '•Not (juilty.'" Of the charge, -'Not guilty.'''

And the Court does, therefore, accput him, the said Robert Perry, private, of Company '-I," 3d U. S. Infantry.

Finding and acquittal confirmed. The prit-oncr will be released from arrest and returned to dutj-.

2d. Charles McDonald, private, of Company ••!,'' 3d U. S. Infantry, on the following eliai-ge and si)ecitieatior.:

CHAiMii::

^'■Co)idnrf to the prejniVice of good ordrr and niilitari/ disrip/htc.''

Spf-.ciJ'iCATioN: '"In this, that he, tlie said Charles McDonald, private, of Conipaiiy 'I,' 3d U. 8. Infantry, did lose through neglect, sell, or otherwise dispose of. one blanket issued to him by the (Government. This at St. TiOuis, Mo., on or about the 'ilst day of January. ]8(i(i.''

To which charge and si)eei(ieation tiie prisoner [)leade(l as follows:

To the specitication, "GnUly/' except the words •■sell or otherwise dispose of. ""

To the charge, • • (tuilf;i.''

M

Tiie Court, having maturely considci-cd the evidi'iicc ;id(lucc(l, tiiids the prisoner as follows:

Of the specification, '■'Gai/fi/," excei)t tlic word> '•>cli or otherwise dispose of.'"

Of the charge. ■'Guilfy.'"

SKN I KNCi::

And the Court does, tlierefore, sentence him. tlie said Charles McDonald, private, of Company '•!," 3d U. S. Infrtutry, '"to be ooiitined, under charge of the guard, for five (.1) consecutive days from the date of the promulgation of tiiis sentence; and to walk each day during that time, in front of the guard, from i-ev(;ille tiiitil tattoo, Avith tlie exception of half an lioin- which shall be allowed for each meal; and to forfeit two dollars (§2.00) of ins monthly pay for one month."'

Finding and sentence confirmed. The stoppage of pay will he made by the proper ofiieer. The sentence of imprisonment will be carried into efiect at Schofield Barracks, St. Louis, Mo., tinder the direction of the commanding officer at that post.

:ki

Sd. WiUiam Mason, private, of Company "A,' fantry, on the followiiif^ charge and specifications;

3d U. S. In-

' '■Larceny.''

SrECiFiCATiON 1ST: "In this, tliat he. the said WUllam Mason., private, of Company 'A,' 3d U. S. Infantry, did ft'loniousily steal, take, and carry away, with intent to appropiate to his own nse, one Match, of the value of thiity (lollars, and one sack-coat, of the valne of sixteen dollars, the property of 1st Lientenant E. A. Eelsfer, 3d U. S. Infantry. This at Scho- field Barracks, St. Lonis, Mo., on or about the 2d dav of February, 1800."

SrECiFiCATiox 2n: "In this, that he, tlie said WiUiam Manon, private, of Company -A.' 3d U. S. Infantry, did feloniously steal, take, and carry away, with intent to appropiiate to his own use, one great-coat,'tlie value of twelve dollars; one blouse, the Aalue of four dollars and eighty cents; two pairs of trowsers, the value of nine dollars and fifty cents; three shirts, the valne of six dollars and seventy cents; three pairs of drawers, the value of tive dollars and seventy-live cents; and three pairs of stockings, the value of one dollar and forty-four cents—the property of John B. King, private, of Company 'A,' 3d U. S. Infantry. This at Scholield Barracks, St. Louis, Mo., on or about the 3d day of Feb- ruary, 1850."

To which charge and specillcations the prisoner pleaded "Guilty."

Tlie Court, having maturely considered the case, lind> prisoner as follows:

Of the first specificatioji, '' Guilty.'' Of the second specification, ''Guilty."' Of the charge, ''Guilty.''

the

8KNTENCE:

And the Court does, therefore, sentence him. the said William Mason, private, of Company "A," 3d U. S. Infantrj', "to forfeit all paj'' and allowances that are or niaj' become due him, except so much as will pay the just dues of the laundress and sutler, and one dollar per month until discharged; and to be confined at hard labor, under guard, for the term of six months from the promulgation of this sentence, weai-ing a ball weighing twelve pounds attached to his left leg by a chain five feet long; and be indelibly marked with

M

9

1

the letter 'T,' one and one-lialf inches long:, upon his right hip; and, at the expiration of the term of his sentence, to be dishonorably discharged the service of the United States^''

Finding and sentence confirmed. So nuich of tlie sentence as directs that the prisoner be "indelibly marked with the letter 'T,' one aiul one-half inches long, upon his right hip," is remitted. The stoppage of i)ay will be made by the pioper oHicer. The sentence of im])risonment will be carried into effect at the Military Prison at St. Louis, Missouri, under the direction of the commanding ofticer at that post. The remainder of the sentence will be executed by the commanding officer of Company * 'A," 3d U. S. Infantry.

Ath. William Race, second-class private, of the Ordnance De- tachment, on the following charge and specification:

"Co/uluci to the prejudice of good order and military discipiine.'"

SPECIFICATION: "In this, that he, the said William Race, second- class private, of the Ordnance Detachment, stationed at the St. Louis Arsenal. St. Louis, Missouri, did, on or about 7 o'clock on the evening of the 7th day of February, 18(50, enter the saloon of Jobn Mars, m-nr said Arsenal, and did then and there condnct himself in n disorderly and disgraceful manner; and, after leaving said saloon, did attack with stones the premises of said John Mars, tiiereby endangering the lives of the persons there collected, and breaking an article of fnrniture hanginijf upon the walls. All this near the St. Louis Arsenal, St. Louis, Missouri."

To which charge and specification the prisoner pleaded "Ouilty."

II

FINDING :

The Court, having maturely considered the case, confirms the plea of the prisoner, and finds him as follows:

Of the specification, ''Guilty.'' Of the charge, "■ Guilty.'''

SENTENCE:

And the Court does, therefore, sentence him, the said William Race, second-class private, of the Ordnance Detachment, "to be confined, in charge of the guard, for fifteen (15) consecutive days, to date from the promulgation of this sentence; and to walk eaci^

"^'^^^

10

day duriii,i,' that time, in front of the guard, from reveille until tattoo, with the exception of half an hour which .<hall b(! allowed for eacli meal; and to forfeit to the United States fifteen dollars (Sir,) of his monthly pay for one month/ '

Findintr and sentence contirmed. The stoppa<>e of pay will bo made by tlie proper ofticer. The sentence of imprisonment will be A' ^ carried into eflect at the St. Loui.s Arsenal, St. Louis, Mo., under the direction of the commandinfr ofticer of tliat post.

bth. Stephen B. Sfaubnnj, late 1st sergeant, of Company ''11," 3d U. S. Infantry, on the following charge and specification:

CUAKOK:

' ^Larceny.''

SPKCIKICATION: ' ^In this, that he, the said Sfephrn B. Sfanhury, late 1st sergeant, of (;om])any '11.' 3d XT. S. Infantry, having charge of the IF. S. clothing on hand and for issue to said company, did feloniously take therefrom, and sell or otherwise dispose of, thirteeii (13) pairs of trowsers. valued at $01.75; twenty-eight (28) bed-sacks, valued at S4!S.()0; two (2) forage-caps, valued at $2.00: two (2) great-coats, valued at S24.00: and one (1) blanket, valued at ST.00. This at Schotieid Barracks. St. Louis. Mo., from on or about the 25th dav of Januarv, 1S6(), to on or about tiie lOtli dav of February, 186(5."'

To which charge and specihcation the prisduer pleaded ■' .Vu< guilty."'

i'ixi)ix(i:


Of the specillcation, ' • Guilty."' Of the charge, ''GuUty.''

And the Court does, therefore, sentence hiin, the said Stephen B. Stanbury, late 1st sergeant, of Company "11," 3d U. S. Infantry, "to be reduced to the ranks; to reimburse the United States with the value—viz: one hundred and ninety-two dollars and seventy- five cents ($192.75)—of the clothing disposed of; and. in addition thereto, to forfeit to the United States all pay and allowances, o\er and above the aforesaid reimbursement, that are now or may become due him, Avith the exception of the just dues of the hiuu-

!•

11

dross and sutler and one dollar ($1.00) per niontli until the date of liis discharge: to be conlined at liard labor, in charge of the guard, for six months from the i)romulgation of this sentence; and, at the expiration of the term of liis sentence, to be indelibly marked with tlie letter *T,' one and one-half inches long, on his right hip, and to be dishonorably discharged the service of the I'nited States."

Finding and sentence conlirmcd. So much of the sentence as diiects that the prisoner be '•indejibly marked with the letter 'T,' one and one-half inches long, on the right hip," is i-emitted. The stoppage of i)ay will l)e made by the proper otHcer. The sentence of imprisonment will be cariied into eftect at the Military Prison at St. Loins, Missouri, under the direction of the eonimand- ing officer at that place. The remainder of the sentence will be executed by the commanding (dliccr of Company "II,"" 3d U. S. lufantrv.

G//(. TIiovKis Smith, private, of Comi)any "A." Infantry, on the following charges and s|)ecit1eations:

:{(! U. S.

(IIAIM;!: Isr:

"Coudttc' to the. prrjudicc of rio-nl orttcr (ntd DiUltar]/ (/Isciplinr.''''

SI'KCIKIC.VTION: '"In this, that he. the said Thoinaa S»iith. private, of Company -.V." M U. S. Infantry, being disorderly in his company quarters and having been ordered l»y Ser- geant Charles Keardon to go with bin) to the guard-house, did refuse to obey, saying at the same time: '1 will shoot any man who attempts to take me there:" or words to that ettect. This at Schotield Barracks, St. Louis, Missouri, on or about the 17th dav of Januaiv, 18(JG.'"

(iiAi!(iE 2n:

' Ahsc/icc vithout leave.

SPECIFICATION-: '-In this, that he, tiie said Thoman Smith, private, of Coinjiany 'A,' 'M\ V. S. Iiifantry. a duly-enlisted soldier in the service of the I'lnted States, did, without leave of hi.s conmianding otiicer or i)roper authority, absent liimself from his company and regiment, on or about January 17tli, 1S(!(>, and I'cniained absent until on or about January 18th, 18G6. This at Schotield Barracks, St. Louis, Missouri."'

To which char; ' (Juilty.' ■

and sj)ccifications the i)i'isonei- pleaded

12

The Court, liaviiig' niaturely considoi-cd the QHM'. fnnfirins tlie pleii of the pri^onci'. aiul finds him as follows:

Of the specillcatioii, first chargo. • •Gidlty.'' Of the lirst charge. '' Guilty.'' Of the speeiticntioi), seeoiul ehai'ge. "Guilty."' Of tht' secoml charge, •'Guilty." II

SENTKXCK:

And the Coui't does, therefore, sentence him, the said 7Vio»irts Smith, private, of Company "A,"' lid I'. S. Infantry, "to forfeit to the I'nited States ten dollars (SlO) of liis monthly pay for I'unr (4) months, and to be contined at hard lal)or for one (1) month, muler charge of the guard.''

Finding and sentence conhrmed. The stoppage of pay will be made l)y the proper otlicer. The sentence of imprisonment will be carried into elfeet at the ^lilitary l*risoii at St. Louis. ^Missouri, under the direction of the commanding othcer at that place.

BY COMMAND OV ^MAjou-GKNKr.Ai, TOPE.

J. r. SIIpnjBLHXE,

Assi.'itdnt Adjutant Gctn-ral.

OnieiAL:

issistont Adjutant General.

#

iiEAi)Qi\Mrn<:j!s. DEPAKTJIKNT OF TIIK .Mis,surj;i,

ST. LOLJS, 3ro., March 20. ]S(JG.

GENEIIAL OlIDEKS,!

No. 40. )

1 . . . fJtIoiv a ticiirial Coiul 31arli:il Avliicli COUVCIKHI at Scliojivld Rnrracks. St. Louis, ^lissonii. ])Ui'siiaut to Special Oi'dcr No. .'SS, l'ani<i"iaj)h .'!. ciincnt sorics, iVom tlicsc llcadiiuartfrs. and fiT wliicli Colonel and Urevi't ]>ri;iadiei--< Jeneral I'. ]\Io);i;i>o\. l'. S. A., is I'resident. were arrai^'ued and tried:

Isf. Jdcvh Jic/f. i-eeruit. of the lllli I'. S. InCantiy, on the tbllowinsr eliariit' and speeilications:

•

•■Larrr,n/.--

Si'KCiiiCATiox 1ST: ••In tliis. lliat lie, llir >n\tl Jric(,/> Jx'.it'. rceiiiil, of the lltli r. S. liifanti-y. did take the Ibllowii'i"; ai'lieles of e]othin<r, viz: one (l)Han)iel .-aek-co'at, valued at four dollars and ei^rhty eents ($4.!S0). from the i-eeriiitin;>- rendezvous, nth V. S. infanti-y. at St. Louis. ]\fo., and did attempt to sell said elothiuijf. All this at St. Louis. Mo.. rn or ahout the LJIII day of Jauuai-y, 1800.

Si'KCUTCATioN 2i): "Tn this, that he. the said Juroh Rclf. reeruit. of the nth r. S. Infantry. di<l take the follq\vin<j;"artieles of elothiu;>', viz: two (-2) jiairs drawers, eio-ht (S) Ilannel saek- eoats, live (.")) shirts, four (4) pairs-of diawers. three (.S) pairs of bootee-, thirty-eifiht (i{8) pairs of stock in i>s. and two ('!) ijreat-eoats. to the amount of one lunidred and fourteen dollai's and eijility-nine cents (SI 14.S.")]. Iroiu the i-ecruilino: rendezvous, IlihU. S. Jnfantry. at St. Louis. Mo., and difl sell the said clothiuii'. All Ihi-" hetween F* bruary 2d. hSd.j, and Januai'v ^'^\\\. isoo.""

To which charae and >ii(>cilications the ])ris()nci- plcii <JuUty.''

•A../

J\

Thf; Coui-u liavintr miiturely eoiishlereil the evidence addiiocd, finds the prisoner as follows:

Of the tirst specifieation, ' 'Gnilfy.'' Of the second specilication, '' Not guilty.'' Of the charge. '' Guilty.''

SKNTEXCK:

And the Conrt docs, therefore, sentence him, the said Jfico6 Rolf, recruit, of the llth U. S. Infantry, "to forfeit all pay and allowances that are now or may become due him until his dlscharf^e, except so much as will pay the just dues of the sutler and laundress, and one dollar per month from the date of the promulgation of this sentence; and to he conlined at hard labor, in cliarge of the guard, at such military post as tlie Department Conmiander may designate, for six months from the before-mentioned date; and to be indelibly marked -with the letter 'T,' one and a half inches long, on liis right hip; and, at the expiration of his sentence, to be dishonorably discharged the service of the United States."

I#

Finding and sentence conlirmed. So mucli of the sentence as directs that the prisoner "be indelibly marked with the letter 'T,' one and a half inches long, on his right hip," is remitted. The stoppage of pay will be made by the proper officer. The sentence of imprisonment will be carried into effect at Jcifersoii Barracks, Mo., under direction of the Commanding Ofliccr of that Post. The remainder of the sentence will be executed by tlie Command- ing Officer of the llth U. S. Infantrv.

2d. George Erown, of the mounted following charges and speciticrtions:

M'vice, U. S. Army, on the

CUAIiGE 1ST

'' Desertion,

SPECIFICATION: "In this, that he, the said George Brotvn, unassigned recruit, mounted service. U. S. Army, a duly-enlisted soldier in the service of the United States," did. on or aboitt the 10th day of December, 1805. absent himself from anil desert the said service, and remain absent until arrested, on or about the 24th day of December, 1865. This at Fort Leavenworth, Kansas.''

I I

ciiAKGK 2D:

*•' Vnlnwfidly oil luting into t/ic scrricc of the T'nited State.i,''

5?i'ECiFiCATio\: "111 tlii.s. tlint he, the said George Brown, did iiiil;u\tiilly presont Jiimsolf for ciiiistinent and was enlisted in tlie mounted service, U. S. Army, he bein;^ already a soldier in the service of the United IStates as a private of Company 'G,' 2d U. S. Cavalry. This at St. Lonis, ^lo.. on or al)oiit the loth day of December, ISOii.''

Aviiieh ehar<res and siicciiiialiiiiw Hi To ■GiiUtt/.

prisoner pleaded

Tlie Court iiavin^^ maturely considered the ease, connrms the pleu of the prisoner, and liiids liim as follows:

Of the specitication to the lirst char<re, •' OiiUty."' or the tirst cliar<,'e, '' GmUy.'' Of the spccilication to the second eliar;»e, ' * Guilty.'' Of the second (•]i.!i-"c, • -r; .;/i/

And the Court does, therefore, .sentence him, the said George lirovH, nnassi^Mied recruit, mounted service, U. S. Army, "to forfeit all pay and allowances that are now or may become due him, exceptiiif^ so much as will pay the just dues of the sutler and laundress, and one dollar ($1.00) per month until the date of his discliarire, and to be confined at hard labor, in chai^i^'c of the ^'iiard, at such military post as tlie Department Commander may direct, for six months from the date of the promulgation of his sentence, wearing a ball weighing twelve (12) pounds attached to liis left leg by a chain five feet long; te be indelibl3' marked with a letter 'D,' one and a half inches long, on his right hii); and at oxpiration of the term of his sentence to be dishonoi-ablj' dis- tliarged from the service of the United States."

Finding and sentence confirmed. In consideration of the recommendation of the majority of the Court, the sentence is n'mitted, excepting that portion of it which relates "to the forfeit- 'ii'c of all pay and ailowanees and the dishonorable discharge from tlic service of the United States." Private George Brown, unas- ^^iRiied recruit, mounted service, U. S. Army, is hereby dishonor- iibly discharged tlie sei'Hiee of the United States. The stoppage of pay will be made by the proper ofTlcer.

i

3(/. Louis Manshimd, second clnss private, of the Onlnance De- partment, St. Lonis Arsenal, St. Louis, Mo., on tlie followinj^ eharo-e and speeitieation:

'' Desertion of Post.''

SPKCIFICATTON : "In tlii«, tliat lie, second class private, Louis ManskuniU of the Detachment of Ordnance, stationed at St. Louis x\rsenal, St. l^ouis, ;MO.. liavin^ been duly i)osted as a sentinel, did, between tlie hours of llu-ccand foui o'cloi-U, on the morning of tiie lltli d;iy of February, 18()(i. desert his •run and post, and enter the mess-room and kitchen, and did lemain Ihen; till discovered and ai'rested by tlie Ser- geant in charge of tiie guard. This at St. Louis Arsenal, St. Louis, Mo."

To wliieli eliarge and specification tlie prisoner pleaded as follows:

To the specification, ^^ Guilty''' except the words '•'•desert his gun.''

To tlie ciiarge, '■ ^Guilty.''"'

The (>otu-t having maturely considered the cvidcni finds the prisoner as follows:

Of the speeilieatlon. '^Guilty.^^ or the charge, ''Guilty.'''

nddnced.

SKXTKNCF,:

And the Court does, thci'efore. sentence! him, second class private, Lonis Mansfuoid, of the Ordnance Department, "to be confined at hard labor, in charge of the guard, for three (.']) consecutive months Irom tlie date of the promulgation of this sentence, and to forfeit to the United States ten dollars ($10) of his monthly pay for the same period.''

Finding and sentence conhrined. Upon the unanimous recommendation of the Court for mercy, the sentence is remitted. The prisoner will be released from confinement and returned to duty.

M

5

Ath. Patrick Murphy, private, of Company "H," attaehod to Company "K,'' lOtli U. S. Infantry, on tlie following' cliarg-e and speciflcatioi>:

« HAK(;E:

' ^ Drnn/i/'iuicss on duty. ''

Si'iXii irAiiox: "In this, that lie. the said Pairlcf: Mnrpliy. private, (if Company 'II," attaelied to Company "K,' lOth U. S. Infantiv, was drnnk at evenin^^ jiarade, on tlie 18tli of i'ebiiiai-y,' is<)(i. This at Jeffei-son IJarracks, Mo.''

To w liieh char^^e and spceilieation the pi-isoner pleaded "Guilty.^

KINIUNO:

Tlie Court havin^if maturely eonsidei'ed tlie ease, eonlirms the plea of the prisoner and linds him as tollows:

Of the speeidcation, '■'•aii'diy.'' Of the eharii-e, 'Hiuilfy."

.SKNTKNCK:

And tlie Coin-t does, therefore, sentence him, the said Pntrick Murj)/iy, jirivate, of (Company "11,'' lOtli U. S. Infantry, "to he eontined at hard labor, under guard, for one week from the date of the promulgation of his senten(;e."

J''intiin<^ and si-ntenec; eonlirmed. The sentenee will be carried into eilect under the (hrection of the Commanding OlHeer at Jetfer- son r.arraeks. Mo. The Commanding Odieer of the St. Louis Military' Pjison will eau.-e the luisonei' to l)e forwai'ded to Jelfei'son Barracks. :\I().

i)f/i. Jttcdb Rdloi, ])rivate, of Company "K," IW U. S. Infantry, oil the following' charge and sj)ecilicatioii:

CHAlUiK:

' • Si replug a/i li in post. ''

Si'KcnicAiioN: "In this, fliat he, the said Jucuh litihn, private, of Company "K,'" 3d I'. S. Infantrv, having'been regularly detailed for guard duty and duly posted as a sentinel. Avas found slee|)ing' on his "post. Tiiis at the St. lA)ui.s ^Militai-y Pi-ison at St. Louis, Mo., on oi' about the 8th day of ]\Iarcli, 18UG."

To which charge and specification the prisoner pleaded ''Gulliyy

FINDIXG:

The Court having inuturely considered the evidence adduced, oonlirms the plea of tlie prisoner and tinds him as folhjws:

Of the specitlcation, '' GuUfy.'' Of tlie cliaro-e, '■'• Gitiltij.'''

SKNTKNTE:

And the Court does, therefore, sentence him, the said Jacob liahn, private, of Company '"K," 'Sd U. S. Infantry, "to be coutined, under guard, at hard hibor, for six montlis from the dale of the pi'omulgation of liis sentence, rearing a ball weighing twelve pounds, attached by a chain live feet long, to his lefi leg.''

Finding and sentence confirmed. On the reeomnu'iidation of the majority of the Court, the sentence is remitted. Jacob Jia/in, private, of Company "K," 3d U. ,S. Infantry, will be released from arrest and returned to duty.

(jth. Cliarlcs Walker, pilvate of Company "A," 3d U. S. In- fantry, on the following charges and speeitications;

i\<d '■'k

CHAitGi: 1ST:

' 'Larceny.''

SPECIFICATION 1ST. : ''In this, that he, C/iarlc'< Walker, private, of Company 'A,' 3(1 U. S. Infantry, did feloniously steal, take and carry awaj', with intent to appropriate thesame to his own use And benefit, the following articles of (•lotliing, viz: one (1) shirt, of the value of two dollars and twenty-five cents ($2 25); one (1) pair drawers, of the value of one dollar and twenty-tive cents ($1 25), and one pair of socks, of the value of forty-eight cents (48 c), the proj)erty of one Wm. Beck, of the same company ancj regiment.''

Sr'ECiFicATiox 2D: "In this, that he, Charles Walker, private, of Company 'A,' 3d U. S. Infantry, did feloniously ste.il. take and carry away, with the intent to appropriate the same to his own \\6ii and benetit. the following articles of elotiiing. viz: one (1) shirt, of the value of two dollars and twenty-tive cents ($2 25), and one pair of drawers, of the value of one dollar and seventy-live cents ($1 75). rhe property of one lleniy Tiiarp, of the same company and regiment.''

SPKCIFICATIOX 3D: "In this, that he, Vharles Walker. ])rivate, of Company 'A,' od II. S. Infanti-y, did feloniously steal, take and carry away, with the intent to apiiropriate the same to his own use and beuelit, the following articles of clothing.

viz: one (1) sliirt, of the value of two dollars and twonty- tive cents (82 25), and two (2) j)airs of drawei's, of tli(! value of three dollars and lifty eents {S'^ oU), the i)roperty of James MeCoy. of the same eonipany and rei^inunt.''

^^Selllnff, losing, or oflicncisc disposhni of his clotliiiif/. ''

SrECii-KATiox : "In this, that he, Charles Walker, ])iivate of Company 'A.' ',k\ U. S. Infantry, did sell. lose, or otherwise dis|)t)se of the followini,' arlieles of elothinn", issued to him by I lie government of the United States, and to be used in tlie military service thereof, viz: one (1) blanket, one (1) .vjiirt, oiie(l) i)air of drawers, and \\\i) (2) bedsacks. This :it Sehofield IJai'i-aeks. St. Loiii^. V<,.. ..n ,.r ■,]>>\<\ tli<'22(l day of Febru;n-y, ISfJG."'

CllAlKiK .■)]>:

'' Desertion.

SPECIFICATION C'om

Tiox : "In this, that he, Charles Wulker, jtrivate, of V v..ji[)any 'A,' 3d U. S. Infantry, a duly enlisted soldier in the sciviee of the United States, did. on or al)ont the 22d day of Fibrnary. ISiJO, absent himself from and desert said si'r- \iee. and remained absent until arrested and returned to his eompanv, under miard, on or about the 22d dav of Fcbrnarv. ISK). this at Si'-holield Barracks, St. Louis, .Slo."

To all of which eliarires and speclfleatlons the piisoner pleaded ' '■Not quHt]l. ' '

KIXDINC.:

The Comt havinu: maturely considered the evidence adduced, tinds the prisoner ;is follows:

Of the first speeitication to the first chariTc, '' Ae/ (juilfy.'' Of the second speeitication to the tiist cliar<re, ' ^Not fjuUty.'' Of the third specification to the first charge, "Xot gxiltij. " Of the first charirc. • • Nut (juilty.' '• Of the specification to the second cliar^^e, Of the second charge, ''•Not guilty.''' or the specification to the third change,

words, • • and Jes-rt. Of the third cli.'ii-'rc. ••.V.' -/./;/'».•• 1

n-ithoiit Icace.

Not f/id'ty. ''

Giiilti/,'' except th

m

,/i.:

y

IP

SKXTEXCE:

And tlie Court iloos, tliereforc, seiiteiioo him, the said Clinrles Walker, private, of ('oini)aiiy -'A." 3(1 U. S. Infantry, "to forfeit to the; rnited Slates live dollars of his monthly ))ay for one month.''

Finding and sentenee eontirmed. Tlie stoi)i)a,n'e of [>ay will be made by the proper ollieer. Tiie prisoner will be released from arrest and returned to dutv.

II . . . Before a (General (Join-f .^^artial which convened at .Teller- son Jiiirraeks, Mo., pursuant to Special Order No. li"), rarairraph 3, current series, from these lleachjuarters. and of which Major and Brevet Colonel .1. N. C WmsrM'.i:. 13th V. S. Infantry, is President, were arraigned and tried:

\fit. Tiiylur Laivsioi, unassi_i;iied reei'iiit, 13th U. S. InfantiT, on the followin<i- eharsi*' and si)ecitieation :

('HAK(iK.:

Si'EciFiCAiiox: "In this, tiiat he. the said Tavli,r Lairs/in. uu:\<- sitrned recruit. 13th l'. S. Infantry, a duly enlisted soldier in the service of tlie United Slates," did. on'or about the lltli day of January, ISUG, absent himself from and desert .'aid serxiee, and icniained absent until ari'esled, on or about the 21st day of Februaiy, LStKJ. 'J'his at S])rin<itie!d, Illinois."'

To which chai'ge and specitieation the })!isoner pleaded "Cmilfy."

The Court havini;- matui'cly eonsii!ered the ease plea of the i)risoner and finds him as follows:

Of the specilication, ^'G'ldl/ij."' Of the char<i-e. -'■(Julf/y." •

:-onfirms the

SK\ TKNCi;:

And the (/ourt does, therefore, sentenee him, the said Tai/lor Lawson, unassi<,nied recruit, 13tli U. 8. Infantry, "to be dishonorably discharged (lie service of the United States: to forfeit to the

riiitcd Stut<'^ ;ill ]);i\- uiid ullowMucfS tli;it are now or that may boconic due liiiii, cxecpt the just dues of tlie laundress and ^iutlcr; to he indelibly marked with the letter 'D,' one and one-half inelies lonjf, on the left liip: and to be (.'ontined at liard laJtor, at snch plaee as the C'ommandinir (Jeneral of the Dejjartnient may desiii-- n;ite, for llie jteriod of three years.'"

Finding-- and sentence eontirnied. So mnch of the sentenee as (iireets that the prisoner '"Ix- indelihly marked with th<> letter "I),' one and one-lialf inches lon,(>', on tlie left hip,"' is remitted. T.n/'or L-ucs »). pri\atc, ini:issi<jned recruit, KUh I'. S. Infantry, is hereby dishonorably dischar<retl the service of tlw; I'nited Stales. Tlie stoppaire of j)ay will be made by the j)roper otlicei-. The sentence of imiiri.sonment will be carrie<l into eflfect at the 3Iissoni'i State Penitentiary at Jefferson City, !Mo. The < 'ommandini^ < )Hicer at Jefferson Harrneks, ^^ft)., will canse the prisoner to be foi-warded to Jetferson City. Mo., and fnnie(l over to the Warden of the State Penitentiary, who will, at I In- s;nni' tinw. be furnished with a copy of this onlei-.

2(^ Lharks Osbonie. recruit, b^th I'. S. Infantiy, on the fol- lowiny char^'e and sp<'cilication :

(iiAi;(ii::

'' DcscHUiii.''

SI'KCII'ICATION: "'In this, that he. the said C/iarlrs Onhorne, recrnit, bSth V. tf. Infantry, a dnlj' enlisted soldier in the sei"vice of the ITnited States, did desert said service, in the month of June, 1S(!"). ami remain absent from his connnand until apprehended at Coliimbus, Ohio, on or about lhi> "Jnii day of Febinary, bsiiC. All this at or n(>ar Camp Thomas, Colmnbus, Ohio, in the month of June, bsG,").''

To which chai-o(' juid sjiecifieation the jirisoner jileaded "(ji(Uty.\

j i\i>iN(;:

The Court havin<i' maturely considered tlie ease, contii-ms the plea of the prisoner and tind.s liim as follows:

Of the specification, ' • Gidlty.'' Of the charije, '' Guilty.''

SKXTENCK:

And the Court doe;?, therefore, sentence him, the said Charles Osborne, recruit, 18th U. S. Infantry, "to be dishonorably dis-

10

clmri^t'd the service of the United States; to forfeit to the United States all pay and allowances that are now or may heeonie duo him. except, the JM«t dnes of the laundivss and sutler; to he indelibly marked with the letter 'D,' one and one-half inches lon<>-. on the left liip, and to be eonlined at hard labor, at such place as the Commanding; General of the Department may desi<,f- nate, for tiie period of three yeai's.""

Fin(lin<r and sentence eonlirmed. So much of the sentence as directs that the prisoner ''be indelibly marked with the letter 'D,' one and one half inches lon<>:, on the left hip,'' is omitted. Cliarhs Ofihort/e, recruit, 18th U. S. Infantry, is hereby dishonorably discharged the service of the United States, The stoppa<>e of pay will be made by the proper officer. The sentence of imprisonment will be carried into effect at the Missouri State Penitentiary at .Tetfersou City, Mo. The Commanding' Officer at Jefferson Barracks, Mo., will cause the prisoner to be forwarded to Jefferson City, Mo., and turned ovei'to the Warden of the State Penitentiary, wlio. at the same time, will be lurnished with a copy of the order.

r

III . . . Before a General Court jMartial which convened at Fort Leavenwoi-th, Kansas, pursuant to Special Orders, No. .~)0, Par- agraph 1, ciuTent series, from these Headquarters, and of which Lieutenant-Colonel GKORC:E SVKKS, oih U. S. Infantry, is Presi- dent, was arraigned and tried :

M'l

1st. Mortimer Warner, i>rivate, of Company ''I,'' 2d U. S. Cavalry, on the following charges and specifications:

ciiAHCJK 1ST:

' ^Desertion.'' • I SrECiFu;ATi()\: '-In this, that he, ISTortimer Warner, an enlisted

soldier in the service of the United States, pi'ivate of Com- ])any 'I,' 2d U. S. Cavalry, did absent himself from and desert the said service, on or about the 2Gth day of January, ISG!!, and did i-emain absent thei-cfrom until delivered up as •A prisoner, on or about X\w. 22d day of February, 180G. This at Fort Leaven worth, Kansas."

I»t

11

CHARGE 2D:

• • Conduct io the prejudice of pood order and military discipline.''

SrECiFiCATiox Isr: ''Iii tliis. that ho, Mo?-fimer ]]'anirr, an eiilisteJ soldier in tlio service of tlie I'liited ^'tates. private of Coni- j)any 'f,' 2(1 V. S, Cavalry, did sell, excliaiifrc, or otherwise iini)roi)erly dis]>C)se of the follo\vin<j articles of U. S. niilitaiy rlolhin<i\ issued to him by his company commander, vi/: one pair cavalry ti'owsers. one l)lonse, and one cap. Ihis at or near Fort Leavenworth, Kansas, on or about the 2Gth (lay of January, ISGG."

Si'KCiFiCATiox 2D: "In this, that he, the said Mortimer Warner, an enlisted soldier in the service of the United States, jjrivate, of (;ompany •!;' 2d U. S. Cavalry, did sell, exchanu^e, or otherwise improperly dispose of the followinsf articles of public property of th(,' I'nited States, viz: one letter 'J,' one number -2,' one pair cross sabers, one knapsack, one haversack, one canteen and strap, one poncho, one shelter tent, one saddle blanket, one eurh bridle, and one watering bi-idle. Tliis at or netir Fort Leavenworth, Kansas, on or about tho 2Gth dav of January, 18GG.''

To which char<i:es and speeilications the prisoner ])leaded as follows:

To the speeilication of the first charge, * •Guilty.'' To the first cliarge, • • Guilty.'' To the first speeilication of the second charge, *' Guilty.'' To the second speeilication of the seeontl charge, • -yut guilty.''' To the second charge, •'Not guilty.'"

il 11 evidence adduced,

•■ulty.''

The Court having iiiatiirely coii-id finds the prisoner as follows:

Of the specification of the first cliai-^ Of the lirst charge, '' Guilty.'' Of the first speeitication of the second charge, ' •Guilty." Of the second speeilication of the second charge, ••Guilty." Of the second charge, ••Guilty."

SKNTENCE:

And the Court does, therefore, sentence him, the said Mortima- Warner., piivate, of Company "I," 2d U. S. Cavalry, '"to be confined in charge of tlie guard for three (3) months, breaking rock, from reveille until retreat, daily (Sundays cxcepted), allowing him half an lioiir for each meal, and to forfeit forty-eight doHars ($-lS) of his pay."

H

U VrtJ'

sA

li

Si iii'l p«

12

Fimliii^ iiiul sentence cojtfiiMue.t]. The .-loppMU' oi [>:i\ will be made by the proper ofKcer. Tlie sentence of iniprisonnieiit will be" carried into effect at Fort Jveavenwortli. Kansas. iiiKlcr the direction of the (.'onmiaiidiniif Ollirer at that INxt.

Bv COMMAND OK 31 A.TOi;-( i KXKHAI, I'orK.

JOHN p. SIIEKBUKMv

Assistant Adjutant Genci'al.

OFI-ICIAL:

AssistaHt AdjuicDit General,

ill

M HEADQUAIJTEKS, DEPARTMENT OF THE MISSOUUI,

ST. Lori.s, :MO., March 1>1, 18G().

GENERAL ORDERS,

No. 41.

v.jif

On the rccomiuoiulatiou of tlie Commundin'ic Ofticcr of tlie 3(1

U. S. Infantiy, so nincli of the miexpired sentence as rehites to

iiuprlrfonniont, in tlie case of Private Jolni Keller, late Dniiu

Major, IM U. S. Iiifaiitiy, proinnlirated in Genei'al Orders No.

52, series 18G5, Headquarters, Department of the .Missouri, under

date of December 2d, 18G5, is hereby remitted.

''■ ■ t.

BY COMMAND OI' >rA.ioR-r.E\ERAi- POPE.

JOHN P. SHERBURXE,

As?!is(anf Adjutant General. ..,/i

OFFICIAL:

• I Assistant Adjutant General,

ITKADQUAiri'fiRS, DEPARTMENT OF THE MISSOURI,

ST. LOUIS, MO., March 2^, 1SG6.

I GENERAL ORDERS,

No. 42.

I. . . Before a General Court Martial wliieli convened at Jeffer- son Barracks, Mo., pursuant to Special Order No. 35. Paragraph 3, current series, from these Headquarters, and of which Brevet Colonel J. N. G. AVHISTLKK, Major 13th U. S. Infantry, is President, were arrai<i:ne(l and tried:

\st. William BahcocI;, private, of Company "K,'' 10th U. S. Infantry, on the follo\vin<r charge and specilication:

CHAKGE:

'' Desertion.''

SPKCIFICATIOX: "In this, that he. the said Private William Bab- cock, an enlisted soldier in tiie service of the United States, of Company 'K,' 10th U. S. Infantry, did absent himself from and desert said service, at .Jefferson IJarracks. Mo., on or about the Tjth day of February, ISsJG, and did remain al)sent from said service until delivered up as a prisoner at .Teffcison Barracks, on or about the 9th dav of Februarv, ISGG."

To which charge and specification the piisoner pleaded guilfy,''

•Not

Tiie Court having maturely considered the evidence adduced, finds the prisoner as follows:

Of the specification, ^'Guilty.'^ Of the charge, ''■Guilty.''

SKNTKXCE;

And the Court does, therefore, scnience him, Pi-ivate William Bahcock, of Company " K," 10th U. S. Infantry, " to be dishonorably discharged the service of the United States; to forfeit to the United States all pay and allowances that are now or may

l,!^

Jk

V:

become due him, except the just dues of the humdress and sutler; to be indeliblj' marked with the letter 'D,' one and one-half inches lonof. on the left l)ip; and to be confined at hard labor, at such place as the Coramandino; General of the Department may designate, for the period of three years.''

Finding and sentence confirmed. So much of the sentence as directs the prisoner ''to be indelibly marked with the letter 'D,' one and one-half inches long, on tlie h ft hip," is remitted. Private Williayn Babcock, of Company "K," lOlh U. S. Infantry, is hereby dlshonorabl}' discharged the service of the United States. The stoppage of pay will be made by the proper officer. The sentence of imprisonment will be carried into effi'Ct at the Missouri State Penitentiary at Jefferson City, Mo. The Commanding Officer at Jefferson Barracks. Mo., will cause the prisoner to be forwarded to Jefferson City, Mo.. and turned over to the Warden of the State Penitentiary, who at the same time will l)e fiwnished with a copy of this order.

2d. James W. Yoiauj, private, of Company "E,"' 3(1 Battalion 18th U. S. Infantrv, on the following charge and specification:

M'

' '•Desertion.''

SPECIFICATION: ''In this, that he. the said ,7a?/!(•« ]V. Young^ private, of Company 'E." 8il Battalion 18tii C S. Infantry, a duly enlisted soldier in the service of the Cnited States,'did absent himself from his quarters without permission from his commanding officer, and did desert the service of the United States on tiie night of the 1st of March, 186G, and remain absent until a))i)n'liended and returned on the same nigiit. This at Jetterson Ban-acks, Mo.''

To which charge and specification the prisoner pleaded '■'•Not guilty.-

U'l The Court having maturely considered the evidence adduced, finds the prisoner as follows:

Of the specification, '' Guilty.'' Of the charge, '■'Guilty.''

SEXTEXCE:

And the Court does, therefore, sentence him, Private Jatnes W. Young, of Company "E," 3d Battalion 18th U. S. Infantry,

3

'*to be dishonorably flisch;irp:cd the service of the United States; to forfeit to tlie United Stntes nil pny and allowances that are now or may become due him, except the jnst dues of the laundress and sutler; to be indelibly marked with the letter T),' one and one-half inches long, on tlie left hip; and to be confined at hard laboi-, at such place as the Commanding- General of the Department may desioiiate, for the period of three years. "

( *■-'

Findino: and sentence confirmed. .So much of the sentence as directs the prisoner '"to be indelibly markvd with the letter ' D,' one and one-half inches long, on the left hip," is remitted. James W. Young, private, of Company "£."^(1 Battalion 18lh U. S. Infantry, is hereby dishonorably discharged the service of the United States. The stoppage of pay will be made by the propej" oJlicer. The sentence of imprisonment will be carried into ettect at the Missouri State Penitentiary at Jellerson (Jity, Mo. Tiie Commanding OlHcer at Jetlerson Barracks, Mo., will cause the prisoner to be forwarded t<) .fellerson City. Mo., and turned over to the Warden of the State l*eniten:iary. wlio at tlic -..niie time will be furnislied with a copy of this ordei-.

3rf. James H. Beard, private, of Cumpany "ll,'' 3d Battalion 18th U. S. Infantry, on the following charge and specification:

^ Deseriiun. ''\

SPKCIFICATION: ••In this, that he. tlie said James H. Beard. i)rivate, of Comi)any -11,' 3d Ba'talion 18th U. S. Infantry, a duly enlisted soldier in the service of the United States, did alisent himself from his quarters without permission from bis commaiKling oHicer, and tiesert the service of the United States, on the night of the 1st of March. 18GG, and remain absent until apprehended and retuined on the same night. This at Jefferson Barracks. Mo."'

To which charge and specification tl;e prisoner pleaded "i\'o< guilty.'''

FINDING:

The Cor.rt having maturely considered the evidence adduced, finds the prisoner as follows:

Of the specification, '' Guilty.'' Of the charge, '' Guilty,''

SENTENXE:

And the Court does, therefoi-e, sentence liiin, Private J«wc,s //. Beard, of Company " H, " 3d Battalion IStli U S. Infantry, " to bei dislionorablj' discharged tlie serviee'of tlie United States; to forfeit to the United States all pay and allowances that are now due or may become due him, except the just dues of the laundress and sutler; to be indelibly marked with the letter ' D,' one and one-half inches long, on the left hip; and to be confined at hard labor, at such place as the Commanding General of the Department niaj' designate, for the period of three years."

Finding and sentence coulirmed. So much of the sentence as directs the prisoner "to be indelibly marlied with the letter ' D,' one and one-half inches long, on the left hip," is remitted. James H. Beard, private,'of Company "-H," 3d Battalion 18th U. S. Infantry, is hereby dishonorablj' discharged the service of tin; United States. The stoppage of pay will be made by the proper officer. The sentence of imprisonment will be carried into cftect at the Missouri State Penitentialy at Jetferson Citj', ]\Jo. Tlie Commanding Officer at Jefierson BaiTacks, Mo., will cause the prisoner to be forwarded to Jefferson City, Mo., and turned over to the Warden of the State Penitentiary, who at the same time will be furnished with a copy of this order.

fW Ilis

11 . . . Before a General Court Martial which convened at Fort Leavenworth, Kansas, pursuant to Special Order No. 50, I'ai'a- graph 1, current series, from these Headquarters, and of which Lieutenant-Colonel GEO. SYKES, 51h U. S. Inf.!ntr\', is President, was arraigned and tried:

David Trihry, private, of Company "11," 13tli U. S. Infantry, on the following cliarge and specification:

'' Conduct to the prejudice of good or.'cr and military discipline.''

SPECIFICATION: "In this, that he, tlie said Dai-id Trihey, private, of Company -11,' 13tli U. S. Infantry, did get drimk, and with a lighted cigar in his mouth enter the Post Hospital and attempt to go into the ward in which he belonged; and

upon beiiiof pioliibitt'd from doin*; so. did use tlireiiteninnr and abusive IaM<riia<'e toward Michael O'Malley, hospital stowaid, and i)iivate Devoie, of the lltli Oliio Cavalry, otteii!)<>- to ti<;lit tiieni and eallin<i: them 'danuied mean men,* and tliat he would have i-even;>-e out of them at the first opportunity. This at Fort lA-avenworth, Kansas, on or about the 8lh day of Mareh, LS()(;."

To which charire and guUty.''

>peciiication the prisoner [)lcaded ''Not

The Court havin<i: maturely considered the evidence adduced, tiiids the accused as tbllows:

Of the si)ecification, '•'•Guilty.'' Of the char^'e, "Guilty.'''

SKNTKNCK:

Aiul the Coui't does, lln'refore, sentence him, the said Darid Tri/iey, private, of Comi)any "II," i:ith U. S. Infantry, "to be conlined, in charofe of the <,niard, for sixty (00) days, breakin<i- rock from reveille until retreat, allowing half an hour for each meal, and to forfeit thirty-two dollars {S;j'2) of his pay."'

Finding and sentence conlirmed. The stoppage of pay will be made by the proper ofHcer. The sentence of imprisonment will be carried into eftect at Fort I.eavonworth, Kansas, under the direction of the Commanding OlHcer of that Post.

Ill . . . Before a General Court Martial which convened at Scliotield Barracks, St. Louis, Mo., pursuant to Special Orders No. 38, Paragraph 3, current series, from these Ileadquarti^rs, and of which Colonel and Brevet Brigadier-Gt'neral P. Moinusox, U. S. A., is President, were arraigned and tried:

1st. Thomas Pusimore, private, of Company 'H,' 3d U. S. In- fantry, on the following charge and specification:

CHAUGE:

" Cofuluct to the prejudice of good order and military discipline.''''

Si'ECiFiCATiox : "In this, that he, Thomas-Pasimore, private, of Company'II,' 3d U. S. Infantiy, having been ordered by

r'' '>„

6

Ser<ieant John Swartz, sei-o-eant in charpre of the p-nard. to fjo to the guardhouse, did refuse to obej'. at the same time offering resistance and striking said Swartz. This at Schoticld Barracl<s, St. Louis, Mo., on or about the 8th day of March, 186G."

To which charge and specification the prisoner pleaded ^'■Not ffuiltv.''''

KINDING:

The Court liaving maturely considered the evidence adduced, finds the prisoner as follows:

Of the specification, '' Guilty.''' Of the charge, '■ 'Guilty.''

SENTENCE:

And the Court does, therefore, senten(;e him, Thomas Pasimo7-e, private, of Company "'II," Hd U. S. Infantry, ''to be confined at hard labor, under guard, for tiiree montlis from tlie date of the promulgation of this sentence, wearing a ball, weighing twelve pounds, attached.to his left leg bv a chain five feet long; and to forfeit to the United States twelve dollars ($12) per month of his monthly pa\' for the s:inie period."

f'inding and sentence confirnied. The stoj)page of pay will be made by the proper officer. The sentence of imprisonment will be carried into execution under the direction of the Commanding Officer of the 3d U. S. Infantry, who will designate the place ot confinement.

2d. Dennis Laicler, private, of Company '"ll," 3d U. S. In- fantry, on the following charge and specification:

' ■ Sleeping on h is post.''

Si'KCiFiCATiUN : " In this, that he, Dennis Lawler, i)rivate. of Company 'H,' 3d IT. S.T,Infantry,. having been regularly detailed Vor guard duty and duly posted as a sentinel at the St. Louis Military Prison, St. Louis, Mo., was found slee])- ing on his post.' This at St. Louis, Mo., on or about the lOthday of March, 18G6."

To which charge and specification the prisoner i)leaded •'•Guilty."

FINDING :

The Court having maturely considered the case, tinds the prisoner as follows:

iiif

Of tiie spcoificiitlon. '■'Guilty,'''' confirming tlie pie:', of tlid prisoner.

Of the chai-ofe, '■'■G'uiUi/,'''' confirniin<; tlie plea of the prisoner.

SEXTKXcr.:

And the Court does, therefore, sentence him, Dennis Lawler, private, of Company *Il," 'M V. S. Infantrj-, "to be confined at hard labor, under guard, for six consecutive months, to date from the date of the promulofatiou of liis sentence, Avearinor .^ i);,ll weighing twelve (12) pounds attached by a chain five (o) feet long to his left leg; and to forfeit to the I'nited States twelve dollars ($12) per month of his monthly pay for the same period."

Finding and sentence confirmed. The stoppage of pay will he made by the proper officer. The sentence of imprisonment will be carried into execution vuider the direction of the Commanding Ofticer of the 3d V. S. Intantry. who will designate the place of confinement.

M\ COMMAND OF MAJUK-(;I;M:I:AI, rui'i:.

JOHN P. SIIERBUliNE,

Assiaiant Adjutant General,

OFFICIAL:

ssjktant Adjutant General.

HEADQUAIJTERS, DEPARTMENT OF THE MISSOURI,

ST. LOUIS, MO., March 27, 18G6.

\ni

GENERAL ORDERS,

No. 44.

L..Before a GeiuM-al Court Martial which convened at Jeflerson Barracks, Mo., pursuant to Special Orders No, 35, Pai'iriapli 3, ciuient seiies, from these Headquarters, and of which Major and Brevet CohMielJ. N. G. WIIISTI.KU, 13th V. S. Infantry, is Presi- dent, were arraigned and tried:

1st, WlUlat/i II. Reynolds, pi'ivate, of tlie permanent companj', 18th U. S. Infanliy, on the following cliarge and specitication:

' ^Desertion,''

Si'ECir;CATiON: •-In tliis, that he. ITiW/f/JH i/. Rcyiwlds, i)rivate, permanent company, 18th V. S. Infantry, having been didy enlisted in the seivice of the United States, did desert said servi('e. on or about the 11th day of January, lb(i(), at or near .lefl'erson Barracks. Missouri, and did remain absent from his comi)any and regiment until on or about tlie lOtli day of Mareli. lS(Hi. when he was apprehended and ai-iested at or near Terre Haute, Indiana. Ail this at or near Jeffer- son Barracks, Mo., on or about the lltli dav of January, LSGG."

To which charge and specilication the jjrisoner i)leaded ' ^Not Guilty.''

FINDING:

The Court having maturelj' considered the evidence adduced, finds the prisoner as follows:

Of the specification. '■^ Gtally.'' Of the charge. ' • Guilty.''

SENTEN'CE:

And the Court does, therefore, sentence him, William H. Rey- nolds, private, permanent company, 18th U. S, Infantry, "to be dishonorably discharged the service of the United States; to forfeit

m

to the UiiitcHl States all pay and allowances that are now or that may become due liini, except the just dues of the laundress and sutler; to be indelibly marked with the letter 'D,' one and one- half inches lon.o-, on the left hip, and to be confined at liard labor, at such place as the Comuiandini^ General of the Department may designate, for the period of three years.''

Findin<rand sentence confirmed. Upon the unanimous recommendation of the Court, based upon the mltigaling circumstances and the previous <>-ood character of tlie prisoner, the sentence is remitted. William H. Reynolds^ private, permanent company, IStii U. S. Infantrj', will be released from arrest and returned to duty.

2tl. James McFarland, private, of (.'"ompany '"E," United States Engineei's, on the following chai'ge and specifications:

CHAKGE:

''■Theft.''

X 1ST: 'Hn this, that he, James McFarland, pi'ivate, ipany 'E,' U. b. Engineers, did feloniously steal,

bPKCIFICATIOX of Comi take, and carry away, one great coat, the property of one AVilliam Enriglit, of the vahu; of twelve dollars, with intent to appropriate tlie same to his own use and benefit. Tiiis at Jefferson Ban-acks, Mo., on or about the 1st tlav of Jan- uary, 186G."

SPECIFICATIOX 2D: ''In this, that he, Ja»ics McFarland, pi'ivate, of Company "E," U. S. Engineers, ilid feloniously steal, take, and cany away, eleven dollars (Sll) or thereabouts. the property of one John Allen, of same company, with intent to ai)pr()pi'iate the same to his own use and benefit. This at Jefferson Barracks, Mo., on or about the 15th day of" January. 18(JG.''

To which ciiarge and specifications the pi'isoner ploadeil '^Not Guilty.''

FINDING:

The Court having maturely considered the evidence adduced, finds the prisoner as follows: g|

Of the fh'st specification, "G'«/7/'7/." Of the second specification, '' Guilty.'' Of the charge, ''Guilty.''''

SENTKNCK:

And the Court does, therefore, sentence him, James McFarland, private, Company '-E," U. S. Engineers, *'to be dishonorably

3

0

(liseliai'irod the eervice of the United States; to forreit to tlio United States all pay and allowanees that are now or that ina_v become due him. except the just dues of the laundress and sutler, and to be conlined at hard labor, in such penitentiary us the Commanding General may designate, for the period of live (5) years."

Findino- and sentence confirmed. James McFarland, private, Company "E." U. S. Engineers, is hereby dishonorably discharged the service of the United States. The stoppage of pay will be made b}' tlie pi'oper oflicei-. The sentence of impi-isonment ■will be carried into ell'ect at the ^lissouri State Penitentiary, at Jelferson City, ilo. Tlie Commanding OlHcer at Jelferson Har- racks. Mo., will cnus(> tlie i)risoner to be forwarded to Jelferson City, ]\Io., and turiied over to tlie Warden of the State Peniten- tiary, who at tlie same tim.; will be fiinu<ii''(l with a cojty of this order.

3d. WMlam Murp/iy, unassigned recruit, 10th U. S. Infantr}', on tlie following cliarge and specification:

CIIAltGE :

' '•Desertion."

SrixiFiCATiox : "In this, tliat he, William Murphy, unassigned recruit. lOlh I'. S. Infantry, a duly enlisted soldier in the service of tlie United Stares, did absent liimsclf from and desert the said service, at JeHerson Biu-raeks, JNfo.. on or about the 18th day of November, ISG.^, and did remain al)sent until ;i])pivhended at .Jefferson liarracks Mo., ^Mai'ch rith. 18i)(i. while in the act of eidistin^ in the lOtli U. S. In- fantry, under the assumed name of William Cawfurd. This at Jelferson Barracks, Missouri.''

To which charge and specification the prisoner pleaded " Guilty.\

The Court having maturely considered the case, confti'ms the plea of the prisoner and finds liim as follows;

Of the specification. '' Gidlly.'' Of the charge, '' Guilty.''

SF.NTKXCE:

And the Court does, therefore, sentence liim, Wi'liam Murphy, unassigned recruit, 10th U. S. Infantry, "to bo dislionorablj' diseliarged the service of the United States; to forfeit to theUinted States all pay and allowances that are novv' or that may become due him, except the just dues ot the laundress and sutler; to be indeli-

'tilLil

bly marked with the letter 'D,' one and one-half inches long, on the left hip, and to be confined at hard labor, at snch place as the Commanding General of the Department may designate, for the period of three years. "

Finding and sentence confirmed. i:'>o mnch of the sentence as directs the prisoner "to be indelibly marked with the letter 'D,' one and one-half inches long, on the left hip," is remitted. William Murphy, recrnit, lOtli U. S. Infantiy, is iiereby dishonorably discharged tlie service of the United States. 'JMie stoppage of pay will be made by the propei- ollieer. The sentence of inii)iis- onment will be carried into effect at the Mis^^onri State Peiiitcn- tiar}-, at .Tefierson City, Mo. Tlie Commanding Otlicer at -Jetl'erson Barracks. Mo., will cause the prisoner to be Ibrwanic'd to Jeiferson Cit}', Mo., and turned over to the Warden of the State Penitentiarv, who at the same time will be fui'nished with a ctipy of this order.

4th. William McClellan, private, Conipan)' ''E." 3d battalion 13th U. S. Infantry, on the following charge and specification:

CUAKGE:

'' Conduct prejudicial to good ordtr <ind Diil'itai-j/ di-<ciplinc."

SPFXIFICATION: "In this, that on or about the 9th day of Marcli, 1800, at Jefferson Barracks, ]Mo., M'illiavi McC'ellan. private Company 'E,' 3d battalion 13th U. S. Infantry, did force an entrance to the baggage-i-oom of No. 1 Hospital, througji tlie window, while the guard was on the opposite sidi' of the building, and did attenr[it to a])propi-iate to his own use ])roperty pert.iiiiing to the United States Army, Medical Department, and for wliich Surgeon U. II. Alexander is responsible."'

To Avliicli charge and specification the prisoner pleaded "A'o< Guilt I/.''

FIXDINC:

The Court having niatuivlv considei-ed tlie evidence adduced, finds the prisoner as follows:

Of tlie specific.ition, '•^Nuf Guilty/'' Of the charge, '•'•Not Guilty.''

And the Court does, therefore, acquit him, Wtltlam McClella/u piivate, Company "E." 3d l)attalioii 13th U. S. Infantry.

Finding and acquittal confirmed. The prisoner will be released from arrest and returned to duty.

If

1)1

«•

5th. Nathaniel Jariics, pviviite, Company '•£,'' 3d battalion 13th U. S. Infantry, on the folluwini;- charge and .specilication:

'Condu

CHARGK:

(u (jood order I iiuri/ dis:ipline."

Si'KCiFiCATiox: ' "In tliis. tliat on or ahont the 9th day of March. ]8G(), at Jetterson Han-acks, Mo.. Nathaniel Jumes, private, Company "E,* 3(1 battalion 13th U. S. Infantry, did foree an entranet' to the bairgajre-rooni of No 1 Hospital. thron<>-h the window, while the guard was on the opposite side of the i)uiii!ing, and did attemi)t to ai)i)ropriate to his own use ])ri)perty i)ei'taining to tlie United States Army, Medical I)e|)artment. and for which Surgeon \\. II. Alexander is responsible.''

To which chnri,'-'.' iind -n(';-i;icatii)u tlie prisoner pleaded "Not

Guilt )ir ; .:>uiN(;:

The Court having inatiu'cly consiiiercd the evidence adduced,

finds the prisoner as follows:

Of the specilication, "Nut Guilty.^'

Of the charge. ' • Not Guilfy.'"

Aiul the Conil does, therefore, aecpiit liim. Nathaniel Ja)?ics.

private. Cmnpany ••£,'" «d l)attallion li'th V. S. Infanti-y.

Finding and accjuittal conlirnicd. The prisoner will be released from arrest and returned to (h;ty.

0 th, John J^anr/har:, private, Company ■'(},' 10th U. S. Infantry,

on the folioiving charges and specifications:

ciiARGK 1ST:

'•'; Desertion.''

Sinx'iFiCATiox: '-In this, that he, Jnhn Bangliait, private. Com- pany '(!,' lOih r. S. Infantiy. a duly enlisted soldier in the service of the United States]^ did al')sent himself from and desert the said service on the -iOth day of October, 186."), or thereabouts, at Washington, 1). (J.. and did remain absent until apprehended at JeSerson Barracks. .Mo., .March 15th, 18()U."

ciiAKOE 2D:

*'lie-cnli-ifiny icithoiit a rrgnlar discharge.

SPECIFICATION: "In this, that he, John Banqhart, private. Com- pany 'G,' 10th U. S. Infantry, a duly enlisted soldier in said

rpfjimcnt. ^I'ul. witliout havinof ever received a regular dis- eliTiro-e tVo'.n said company aiurre;rinieut. present limiself and was ""enlisted in the loth U. S. Infantry, February 4rh. 1S6G. at Ilarrisburg. Penn-^ylvania. This on or about the dates above specified, and at or near the places dcsijjnated."

To which caarires and speeitieation? ' •■ Guilty."'

the prisoner pleaded

riNDixc:

The Court having maturely considered the case, eonlirms the plea of the prisoner, and finds him as follows:

Of tiie specificutiou to the first charo-e, ''Guilty.''

Of the first charge, '' Guilty.''

Of the specification to the second charge, '' Guilty.''

Of the second cliai-g3, ' • Guilty.''

i'lli

And the Court does, therefore, sentence him, John Ban^harf. private, Comp:uiy " G ," 10th U. S. Infantry, "to be dishonorably discharged the service of the United States; to forfeit to the United States all pay and allowances that are now or that may become due him, except the just dues of the laundress and sutler; to be indelibly marked with the letter 'D,' one and one- half inches long, on the left hip, and to be confined at hard labor at such place as the Commanding General of the Department may designate, for the period of tliree years."

Findiug and sentence confirmed. So much of Ihc sentence as directs tiie prisoner "to be indelibh'marked with the letter 'I),' one and one-half inches long, on the left hip," is remitted. Johi BangJiivt, private. Company "G." 10th U. S. Infantry, is her<;l)y dishonorably discharged the service of the United States. Tiie stoppage of pay will be made by the proper olfieer. The sentence of imprisonment will be carried into efiect at the IMissouri State Penitentiary, at Jefierson City, Mo. Tiie Commanding Ofiicer at Jefierson Barracks, Mo., Avill cause the prisoner to be forwarded to Jefferson City, Mo., and turned over to the Warden of the State Penitentiary, who at the same time will be furnished with a copy of tliis order.

7th. Michael Mullens, nnii&^]gnQdivcvu'\t, Tilth T. S. Tii^''''^''J' on the followiiif^ charge and .spoeifieatioii:

w

' '■ Desei-tion.^'

f|H SPECIFICATION: "In thi^-, X\\A\,\W'. Michael Jilul I ens, an unassigned recruit, l;?th U. S. Infantry, haviug been duly enlisted in the service of tin- United Slat"es, did absent hiniself from and desert tlie same, on or about the 10th day of Februarj'. 186(), at or near Cohnnhus. Oliio. whilst en route for tfetTersou Barracks. Mo,, and (li<l reitiain.absent until apprehended at or near Cinciiuiati, Oliio, on or about the 13th day of Feb- luary, 180(5.

To which charge and speeilication th? prisoner pleaded '•'Not Ouilty."

FI.\I>I.\G:

a;l(lnced. The Court liaving maturely' considered tln' eviile liiids the prisoner as follows:

or the specification, '•'Quilty,''' excepi me wcju- ■•ana (lar,/. ' Of the charge, ' • Njt GuiUy,^^ but '•Ga'dtii of absence. wWiout

Icaoe.'''

SliXTEXCE:

And the Court docs, therefore, sentence him, Michael Mullens, private, an unassigned recruit, I3th U. S. Infantry, to refund to the United States thirty dollars ($30) paid for his apprehension.

Finding and sentence coniirmcd. The stoppage of i)ay will be niadi! by the proper oHicuM-. The prssuner will be icleased from arrest and returned to dutv.

I#

Sth. IFd'Ac^m ira'/i^m-Ai", private, of Company "F," 10th U. S. Infantry, on the following chiu-ges and specilications:

ciiAUOK 1ST:


^i-LcTFirAiiox: ••in this, that he, Wilhenn w iinhrrcitT. pi-i\aie. Company 'F,' lOth U. S. Infantry, a du,y enlisted soldier in the service of the Uniied ^tutes^ did absent himself from and desert the said service, on tlie 2Sth day of March, J8U5. or tlicieabouts, at or near Fort Buftalo. N. Y., and remained absent until apprehended at Jefferson Barracks, Mo., March 15th, ISGG.

CHAIUJE 2D:

'''Re-cnlisfuig n-lthoid a regular discharged

Hi'EciFic.vTiON : "111 this, that be, WUhdm Wdnbrecht, private. Company 'F," lOtli U. S. Iiifantiy, a duly-enlisted soldier in said re<*-inient, did, witliout ever havinj,^ received a regular cilseliar^ic from said company and regiment, present himself for and was enlisted for genei'al service, U. S. A., Decem- ber 1st, ISGo, at (/inciiiiiati, Ohio. This on or about the dates specified above, and at or near the places designated.''

To all of which chai'ges and ifpecilications the prisoner pleaded '^ Guilty.''

11

The Court having maturely considered the case, coiitlrms the plea of the prisoner, and finds him as follows:

Of the specification to the first charge, '' Guilty.'' Of tlie first charge, '' Guilty.'' Of the specification to the second charge, *' Guilty.'' Of tlie second charge, ■' Guilty.''

SEXTEXCE:

And the Court does, therefore, sentence him, Wilhebn We'mbrccht, private. Company '"F," 10th U. S. Infantry, "to be dishonorably discharged the service of tlie United States; to forleit to the United States all pay and allowances that are now or that may become due him, except the just dues of tlic laundress and sutler; to be indelibly marked with the letter 'D,' one and one-half inches long, on the left hip, and to be confined at hard labor, at such phice as the Commanding General of the Department IWAX designate, for the pei'iod of three years.''

Finding and sentence confirmed. So much of the sentence as directs the prisoner " to be indelibly marked with the letter 'D,' one and one-half inches long, on the left hip," is remitted. Wllheim Weinbrecht, private, Company "F," 10th U. S. Infantry, is hereby dishonorably discharged the service of the United States. 'I'he stoppage of pay will be made by the proper officer. The sentence of imprisonment will be carried intoefleet at the Missouri State Penitentiary at Jetterson City, Mo. The Commanding Offi- cer at Jefferson Barracks, Mo., will cause the prisoner to be

ft

u

foi'warde.l to Jefferson City, Mo., and turned over to the "Warden of the State Penitentiary, "wlio at the same time will be furnished with a copy of this order.

BY COJMAXD OF MAJOU-GEXERAL POI'K.

JOHN P. SIIERBURNE,


OFFICIAL:


^>;

fl

i v.,r

1

HEADQUAKTEES, DEPAKTMENT OF THE MISSOURI,

ST. LOUIS, MO., March 27, 18G6.

GENERAL ORDERS, |

No. 45. j

In accordance with instructions from tlie War Department,

Adjutant General's Office, so mucli of tlic sentence in tlie case

of privates John Jackson Washington Miller, of Company

"F," 1st Battalion ISth V. S. Infautr\', published in General

Orders No. 22, Headquarters, Department of the Missouri, Feb-

itr.iy 23d, ISGG, and private John Fitz<rerald, of Company "B,"

3d U. S. Infantry, publislied in General Orders No. 29, Head-

quarters, Department of tlie Missouri, March 2d, ISCG, as relates

to the wearino; of a ball and chain during their term of impris-

onment, is remitted.

BY CO.MMAND OF MAJOU-GEXEKAL POPE.

JOHN P. SHERBURNE,


OFnciAL:

M Assistant Adjutant Oeneral,

• I IIKAIX,)! AIJTEHS, l)ErAKT3IENT OF TJIK MISSOUlll,

ST. Loris, Mo., AprUVi, ]8G(!.

(JENEKAT. OIJDEK'S,

Xo. 4S.

I.., Before a Goneral Court ^[artial wliioh convonod atSchofiold Barracks, St. Louis, 3fo., jjiirsuant to Special Orders Xo. 74, current series, from these Headquarters, and of which Major and Brevet Colonel C. GROVER. .Sd TJ. S, Infantry, is President, wore arraigned and tried :

Isf. J)e/i/iis ( o/Yoran, Recruit, of Company "A," 3d IT. S. Infan- try, on the following cha'-ge and specification :

CHARGK:

" rhrff."

SpECiFirATiox: "In tilis, that ho, DnmU Co/rortiii, Kecruit, Com- })any 'A,' 3d U. S. Infantry, did feloniously steal, take and carry away, one (1) great-coat, of tlio value of twelve (12) dollars, the property ot one AVm. ^rcDowell, of same Company and Regiment. This at Schotieid Jiarrack", St. Louis, Mo., on or about th<' l!7tli day of March, I8GG.''

To whicii the piisoncr pleaded '■ Xof G'/ii/fi/.'''^

rixDiNG:


Of the specification, "'Giii/h/, except the words 'feloniously steal.'" Of the charge, ''Not Guiffi/."

And the Court does, therefore; "'acquit him.''


2(1 Charles Walhr, Private, of Company "A." "d U. S. Infan- try, on the following charge and specification :

ill

rv

'/

I

Jl

CHARGK:

'■'Canduct to the prejudice of good order and military disci^dinc."

SPECIFICATION: "In this, that lie, Charles Walker. Private, of Com- pany 'A,' 3d U. S. Infantry, (lid assist one Thomas H. (Jarroll, of same Company and lle^iment, in carrying otf one bhmkct, knowing the same to havcbeen stolen from one John Hofi'man, Private, of Company 'A,' Sd U. S. Infantry. This at Schotiehl Barracks, St. Louis, Mo., on or about the 2l^th day of March, 18(36."

To which the prisoner piea''cd "Guilty.''

„

\kJ^


Of the specification, "Guilty." Of the charge, " Guilty."

SENTENCE:

And the Court docs, therefore, sentence him, Charles Walker, Pri- vate, Company "A," 3d U. S. Infantry, "To forfeit to the United States fourteen dollars ($14 00) of his monthly pay ior two months, and to be confined at hard labor, under charge of the guard, wearing a ball weighing twelve pounds attached to his left log by a chain six feet long, for the same period."

Finding and sentence confirmed. In accordance with instructions from the Secretary of War, so much of the sentence as relates to the wearing of a ball weighing twelve pounds, attached to his left leg by a chain six feet long, is remitted. The stoppai;e of pay will he made by the proper officer. The remainder of the sentence will be carried into effect under the direction of the Commanding Officer of the 3d U. S. Infantry.

Sd. Thomas SniitJb, Sergeant, of Comjiany trj', on the following charge and sjiecification :

B." 3d U. S. Infan-

" Neglect of duty, to the ]n-ejudice of good order and military discipline.'"

SPECIFICATION: "In this, that he, Thomas Smith, Sergeant, of Com- pany 'B,' 3d U. S. Infantry, having been regularly placed in charge of a ])olice party, and having under his immediate charge a prisoner under charges, did negligently and carelessly permit sa d prisoner to escape. This at Schofield Barracks, St. Louis, Mo., on or about the 13th day of March, 180G."

To which the prisoner pleaded "Not Guilty.''

^M

Tl;o Court, having maturely considtjrod the evidence adduced, finds the prisoner as follows :

Of the specification, "Not Giiiify." Of the charge, "Not Guilty."

And the Court does therefore acijuit him.

Finding and ac(iuittal confirmed. Tlie prisoner will be released from arrest and returned to duty.

4t/i. Thomas H. Can-oil, Eecruit, Comj.any "A," od U. S. Infan- try, on the following charge and specifications:

"Theft." Si^KCiKiCATiox Isr: "In this, that he, Thdinaa H. Carroll, Ivccruit,

of Company 'A,' 3d U. S. Infantry, did feloniously steal, take, and carry away one (1) blanket, of the value of .-even ($7.0U) dollars, the property of one John Statlord, of same Company and Regiment, with the intent to apiiropriate the same to his own use and benefit This at ydiotitdd Barracks, St. Louis, Mo., on or about the liS'.h day of March, 18tJG."

Si'ECiFicATiox 2n: "In this, that ho, Thomas H. Carroll, Kecruit, of Company *A," :id U. S. Intantry, did feloniously steal, take, and ; carry a>vay, with the intent to appropriate tlie same to his own use "and benefit, one (1) blanket, of the value of seven ($7.00) dollars, the property of one John Hofiman, of same Company and Regiment. This at Schofield Barracks, St. J.,ouis, Mo., on or about the 28Lli day of March, 18(jtj."

To which the prisoner pleaded as follows: To the first specification, "Guilty." To the second specification, "Not Gnilfy." , To the charge, " Guilty." '

FINDIXG :

The Court, having maturely considered the evidence adduced; finds I the prisoner as follows :

Of the first specification, confirms the jdca of the prisoner, and finds him " Guilty."

Of the second specification, "Guilty, e.\'cc])t the words 'take and carry awa}'.'" ,

Of the charge, "GuiUy." \

SKXTKNCE:

And the Court does, therefore, sentence him, Thomas H. Carroll, Tiivate, Company "A," ;5d U. S. Infantry, "To be confined at hard

labor, under i^iiard, for six consecutive months from the date of the promulgation of his sentence, wearing a ball weighing twelve pounds attached to his left leg by a chain five feet long ; and to-forfeit all pay and allowances that are, or may become due him, with the exception of what may be justly duo the sutler and laundress, and one dollar per month, and, at the expiration of his sentence, to be dishonorably discharged from the service of the United States.

Finding and sentence confirmed. In accordance with instructions from the Secretary of War, so much of (he sentence as relates to the wearing of a ball weighing twelve })Ounds, attached to his left leg bv a chain five feet long, is remitte;!. The stoppage of pay will be made by the proj)er ofiicer. The remainder of the sentence will bo carried into effect under the direction of the Comminding Otiic?r of the 3d U. S. Infantrv.

II... Before a (ieneral Court Martial which convened at Fort Kearney, N. T., pursuant to Special Orders, No. 30, Headquarters District of Nebraska, dated Fort Kearney, N. T., November 22d, 1865, and of which Major A. J. HL'GIIKS, 12th Missouri Cavalry, is President, was arraigned and tried:

Edward W. Alien, rrlvate, of Company "A," 1st Nebraska Vet. Cavalr\% on the following charges and specifications:

CUAROE 1ST:

^^Assault witJi infeyit to /all.''

SPECIFICATIOX: "In this, that ho, Edward \V. Allen, 1st Nebraska Vet. Cavalry, did mal<e an assault upon the person of Zebulon J. Marks, late a private of Company 'A,' 1st Nebraska Cavalry Vet. Vols., by striking him on the head with a revolver, and then he, the said Edward W. Allen, of said Comj) ny and Kogi- ment, run to his quarters, and. taking his cirbine, did load it, and say that he would "shoot the son-of-a-bitch.' or words to that effect. All this at Gillmans Kanche, N. T.. at or a'-uut four o'clock, 1-. M., on the 1st day of November, 18'iJ."'

ciiAr.GE 2[):

" Violailon of the Xlnth Article, of War.''

SPECIFICATION: "In this, that he, Edward IT. Allen. Private, of Company 'A,' 1st Nebraska Cavalry "\'et. Vols., did lift up and full cock a loaded carbine againt the person of Arthur Car- michael, a Corporal in Company 'A,' 1st Nebraska Cavalry Vet. Vols., while in the performance of his duties as Corporal. All this at Gillraan's llanche, N. T., at or about four o'clock, V. M., on the 1st day of November, 1865."

CHARGK 3D :

" Mui-der.'"

SPEOIFICATIOX: "In this, that he, Edward W. Allen, Private, of Company 'A,' 1st Nebraska Cavalry Vet. Vols.. did wilfully and feloniously, and of malice aforethou<;lit, kill and murder one Zebulon J. Marks, late a Private of Company 'A,' 1st Nebraska Cavalry Vet. Vols., by shootintj him to deatli then and there. This at Gillman's Kanche, N. T., at or about nine o'clock, p. M., on the let day of November, ISO-j."

To all of whioii charges aiul specifications the prisoner pleaded "Not Gui/fi/."

The Court, havini^ maturely cansi>iprod tlie evidence adiluced, finds the prisoner as follows :

Of the specification of the first charge, '• Guilty." Of the first chart^c, " Guilty." Of the specification to the second charge, ''•Not Oui'ly." Of the second charge, '^ Nut Guilty." Of the specification of tlio third ch.irge, Guilty, with the exception

of the wo-ds 'wilfully and feloniously, and of malice aforethought,* and the word 'murder.'"'

Of the third charge, ' Not Guilty of murder, but guilty of man- slaughter."

5<K\TE.\CK :

And the Court does therefore sentence him the said Edward W. Allen, Private, of Company 'A,' 1st Nebraska Yet. Cavalry, "to be dishonorably dismissed the service of the Unied States, with the loss of all pay now due, or to become due, and to bo confined at hard labor for the period of five (-3) years, at such place as the Commanding Geieral may direct.''

Finding and sentence conlirmeJ. Private Edward W. Allen, Company '-A," 1st Nebraska Vet. Cavalry, is hereby dishonorably discharged the service of the United States."" The stop])age of pay will be made by the proper officer. The sentence of imprisonment will be ca-ried into execution at i\\*. ]\Iissouri State Penitentiary, at Jefferson City, Mu. The Commanding OtScer at Fort Kearney, N. T.. will cause the prisoner to be forwarded to Jefferson City, Mo., and turned over to the Warden of the State Penitentiary, who, at the same time, will be furnished with a copy of this order.

6

III... Before a General Court Martial which convened at Jeffer- son Barracks, Mo , pursuant to Special Orders, No. 73, current series, from these Headquarters, and of which Major and Brevet Colonel S. B. HAYMAN, 10th IT. S. Infantry, is President, were arraigned and tried:

1st. Albert Comstuck, Private, of Companj- ''Cl," 3d Batt. 18th U. S. Infantry, on the following charge and specification: I) I

'' }st(jh>ct of duty, to the prejudice of good order and tullUary discipline."

STECIFICATION : "In this, t^at he, Albert Cotnstock, Private, Com- pa.iy 'G.' 3d Batt. 18th U. 8. Infantry, having been I'eguhirly detailed for guard dut^', and duly placed in charge of ai)arty of prisoners, did permit one of said prisoners, Frank Mernion, a Musician, of Company 'B,' 1st Batt. ]8lh U. S. Infantry, to escape. This at Jefterson Barracks, Mo., on or about the 2')th day of March, 18(JG."'

To which charge and s[)Ccification the prisoner pleaded ''Not Guiltv."

The Court, having maturely considered the evidence adduced, finds the prisoner as follows :

Of the specification, -'Not Guilty." Of the charge, "Not Guilty."

And the Court does, therefore, acquit him, Albert (jomstock, Pri- vate, of Company " G," 3d Batt. 18th U. S. Infantry.


2d. Reuben Spencer, Private, Company "E," 3d Uatt. 13th IJ. S. Infantry, on the following charge and specification :

ciiARQK:

' • Desertion.''

ISrKCiFlCATiox: "In tV\i, i\\■^i ha, Reuben ,S/ie/ice/', Private, of Com- pany 'E,' od Batt. 13th U. 15. Infantry, a duly enlisted soldier in the United States service, did absent himself from liis Com- pany, without permission from his Commanding Oflicer, and deserted the same on the 18th of March, 18(iG, and remained absent until ap])reheni!ed and returned on the I'.'lh of March, 186G. This at Jefferson Barracks, Mo."

lit

Towliicli char2;c and spccificfttioutlio prisoner ideadnd ^^NoiGuiUy."'

FINDING:

Tlio Court, having niaturoly considoiVKl the cvidonco addiicwl, finds the prisoner as follows:

Of tlic specification, '•Guilty, cxcej^t the words 'and deserted the same.'"

Of the chari^e, '-Not GniUy, but suiltj- of ahsence without leave."

SKNTKXCK:

And the Court does, tlicrcforc, sentence liini, Reuben Spencer, a Private of Company "E,"' 3d Battalion i:]th U. S. Inf ntry, "To forfeit to the United States thirty ($30.00) dollars, the sum paid for his apprehension, and to carry a knai)sack, strapped to his back, weighing forty (40) pounds, every alternate two hours, from I'eveillo till tattoo, for ten days."

Finding and sentence conlirnicd, exeeittiiig so much as directs /hat the prisoner forfeit to the United States $30.00 paid for his apprehension, the charge of detcrtion not having been sustained. The remainder of the sentence will be carried into effect inider the direction of the Commanding Ortlcer at .Tefteson Barracks. Mo.

Y>\ COMMAND OF MAJOK-CIKXKRAI, POPK.

JOHN p. SIIEPtBURNE,

Ass'usfant Adjutant General.

OFFICIAL:

'Asaistnnt Adjutant General.

tl

■Mr 'I'l

<^i ♦ HEADQUx\llTERS, DEPAKTMENT OF THE MISSOURI,

ST. LOUIS, MO., April 24, 1SG6.

GENERAL ORDERS, 1

No. 5.3. f

l!\

V-

I.. . Before a Geuenil Court Martial, whicli convened at Jeffer- son Barracks, Mo., piirsiiant to Special Orders, No. 73, current series, from these Headquarters, and of whi«h Major and Brevet Colonel S. B. HAYMAN, 10th U". S. Infantr}', is President, were arraigned and tried:

1st. Charles Cacanaugh, Private, of Company " B," 3d Battalion, 13lh U. S. Infantry, on the following charge and specification^:

\\ ;

" Desertion.''

SPECIFICATION: *-In this, that ho, Charles Cavanaugh, Private, of Company 'B,' 3d Battalion, IT. S. Infantry, a duly enlisted soldier in the service of the United States, did, on or about the 20th day of March, 18GG, absent himself and desert from said service, and remained absent until arrested in the city of St. Louis, Mo., on the 21st day of March, 18G6. This at or near Jefferson Barracks, Mo."

To which charge and specification the prisoner pleaded Oicilly."

FINDING:

'Not

The Court, having raaturely considered the evidence adduced, finds the prisoner as follows:

Of the specification, '^Guilty, except the words 'and desert,' and the words 'on the 21st day of March, 18G().' "

Of the charge, ''Not Guilty, but guilty of absence without leave.'"

SENTENCE:

And the Court does, therefore, sentence him, Charles Cavanaugh, Private, of Company ' B,' 3d Battalion, 13th U. S, Infantry, "to for-

s^

feit thirty dollars ($30) to the United States, and to be confined ten days, during which time to carry a knapsack weighing forty pounds every alternate two hours from reveille till retreat, in front of the guard house."

Finding and sentence confirmed. So much of the sentence as directs that the prisoner forfeit thirty dollars to the United States, is remitted. The remainder of the sentence will be carried into effect under the direction of the Commanding Officer of the V-?A\ U. S. Infantry.

2d. Andrew J. Arnold, Private, of Company "E," 3d Battalion, 13th U. S. Infantry, on the following charges and specifications:

CHARGE l.ST :

'^Disobedience of orders."

SPECIFICATION: "In this, that he, Andrew J. Arnold, Private, of Company 'E,' 13th U.S. Infantry, did, when ordered by the 1st Sergeant of his Company to retire to his quarters, wantonly, insultingly and profanely refuse to obey said order. This at Jefl'erson Barracks, Mo., on or abaut the 16th of March, 18G6."

"Cundiicl p>-ejudicial to good order and military discipline.'^

SPECIFICATION: "In this, that he, Andrew J. Arnold, Private, of Company 'E,' 13th U. S. Infantry, did interfere with a Ser- geant of his Company, while attempting to arrest a member of his Company for disorderly conduct, at the same time sayinj:, 'If you attempt to arrest me, I will bite hell out of you,' or words to that effect. This at Jefferson Barracks, Mo., on or about the IGth day of March, 1836."

To all of which charges and specifications the prisoner pleaded ''Not Guilly."

FINDING:

The Court, having maturely consi-lered the evidence adduced, finds the prisoner as follows :

Of the specification of the first charge, "Not Oidlty." Of the first charge, "Not Guilty." Of the specification oE the second charge, "Guilty,'" except the

words, "at the same time saying, 'If you attempt to arrest me, I will bite hell out of you,' or words to that effect."

Of the second charge, " Guilty."

SENTENCE:

And the Court does, therefore, sentence him, Andreiv J. Arnold, Private, of Company "E," 3d Battalion, 13:.h U. S. Infantry, "To

forfeit ten dollars per month of his monthly pay for the period of three months, and to be confined at hard labor for sixty days, with a six-pound ball and a chain si-: feet lor g attached to his left leg."'

Finding and sentence confirmed. So much of the sentence as relates to the wearing of a six pound ball and chain six feet long, attached to his left leg, is remitted. The stoppage of pay will be made by the proper otficcr. The remainder of the sentence will be carried into effect under the direction of the Comminding Officer of the 13th U. S. Infantrv.

5d. Patrick Hanleij, Private, of Comjiany "E," 3d Battalion, 18th U. S. Infantry, on the following charges and specifications:

CHARGE 1ST:

" Disobedience of orders.'"

SPECIFICATION': "In this, that he, Patrick Hanley, Private, of Com- pany 'E,'3d Battalion, 13th U. 8. Infantry, having been ordered by a Sergeant of his Company to stop making a noise and po to bed, did wantonly refuse to obey said order. This at Jetterson Barracks, Mo., after taps, on or about the 10th day of March, ISGO.'"

CIIAEGE 2D:

'^Conduct to the prejudice of good order and military discipline."

SPECIFICATION: "In this, that he, Patrick Hanley, Private, of Com- pany 'E,' 3d Battalion, 13th U. S. Infantry, di I, when ordered to go to the guard-house by the 1st Sergeant of his Company, wantonly, profanely, arid insultingly refuse to obey, saying • I will have your life for this before 1 leave the army,' or words to that etlect. This at .lefTerson Barracks, Mo., on or about the IGlh d ly of March, ]S(><;."

To all of which charges and specifications the prisoner pleaded "xA'oi! Guilty."

rixDixG :


Of the specification of the first charge, "Not Guilty." Of the first charge, "Not Guilty." Of the specification of the second charge, "Not Guilty." Of the second charge, "Not Guilty."

And the Court does, therefore, acquit him, Patrick Hanley, Private, of Company "E," 3(1 Battalion, 13th U. S. Infantry.

S4\

Finding and acquittal confirmel. The prisoner will bo released rom arrest and returned to duty.

ith. William Cooper, Private, of Company "G," 3d Battalion, IS^th U. S. Infantry, on the foliowing charge and specification :

CHARGE:

''Neglect of duty, to the prejudice of good order and military discipline."

SPECIFICATION: "In this, that he, William Cooper, Private, of Com- pany 'G,' 3d Battalion 18th U. S. Infantrv, having been vegulurly detailed for guard dutj', and duly placed in charge of a party of prisoners, did permit one of said prisoners, Frank Mermon, a Musician, of Company 'B,' 1st Battalion, 18th U. S. Infaiitr\'. to escape. This at Jetferson Barracks, Mo., on or about the 'l-i\\\ day of March, 18GG."

To which charge and specification the prisoner pleaded '^ Not Guiltv.'"

«#


Of the specification, "Not Guilty.'" Of the charge, "Not Ouilty."

And the Court does, therefore, acquit him, the said Private Wdliam Cooper, Company ' G,' 3d Battalion, 18th U. S. Infantry.

im\i

Finding and acquittal confirmed. The prisoner will bo released from arrest and returnoJ to duty.

^th. John Wilson, Private, of Company "E," 3d Battalion, 13th U. S. Infantry, on the following charge and specification :

CHARGK:

"Striking his superior officer."

SPECIFICATION: "In this that he, John Wilson. Private, of Company 'E,' 3d Battalion, IHth U. S. Infantry, did strike his superior otHcer, a Corporal of his Company, while in the e.xecution of his office. This at or near Jetferson Brrracks, Mo., on or about the 16th clay of March, 186G."

To which charge and specification the prisoner pleaded "Not Quiliy."

FINDING:

The Court, luiving maturely considered tlie evidence adduced, finds the prisoner as follows :

Of the specification, " Quiliij." Of the charcje, "Gui/fij.''

SKNTENCK:

And the Court does, therefore, feentence him, John Wihon, a Private, of Company "E," 3d Battalion, 13th U. S. Infantry, "To iorfeit fourteen ($14.00) dollars per month of his monthly pay for six months, to solitary confinement on bread and water for fourteen days, and to hard labor for six calendar months, wearing a six-pound ball, and chain six feet long, attached to his left leg, at such militari* post as the Departtrent Commander may designate.''

Finding and sentence confirmed. So much of the sentence as relates to wearing a ball and ciiain, is remitted. The stoppage of pay will be made by the proper officer. The remainder of the sentence will be carried into effect under the direction of the Commanding Officer of the 13th U. S. Infantry.

C)ih. Robert Cole, Private, of Company "E,'" Battalion of En- gineer?, on the following charges and sperifications:

CHARGE 1ST :

'^Striking his superior officer."

SPK.CIFICATION : "In this, that he, Robert Cole, Private, of Company 'E,' Battalion of Engineers, did strike his superior officer, 1st Sergeant Jjouis Mar(ir.art, of Company 'E,' Battalion of En- gineers, he, the said Sergeant Marquart, being then and there in the execution of his office. This at JeflTerson Barracks. Mo., on or about the 24th day of ..March, 18G6."

niAKGE 2D:

'*Conduct prejudicial to good order and mililary discipline.''

SrECiFiCATiON: "In this, that he, Robert Cole, Private, of Company 'E,' Battalion of Engineers, did, after having been confined in the guard-house by 1st Scrgpant Lpuis Marquart, of same Com- pany, use the following disrespectful language towards him : 'You are a God-damned Dutch son-of-a-bitch ; I can lick you,' or words to that effect. This at Jefl'erson Barracks, Mo , on or about the 24th day of March, 186C."

To all of which charges and specifications the prisoner pleaded ''Not Guilty."

The Court, having maturclj^ considered the evidence adduced, finds the prisoner as follows :

Of the specification of the first charge, ^^ Not Guilty." Of the first charge, '^Not Ouilty." Of the specification of the second charge, "Ouilty." Of the seco .d charge, " Guilty."

t^EXTEXCE :

And the Court does, therefore, sentence him, Robert Cole, Private, Company "E," Battalion of Engineers, "To forfeit ten dollars of bis monthly pay for one month, and to be confined for fifteen days, carrying a knapsack weighing forty pounds, every alternate two hours, between reveille and retreat, for the same time in front of the guard-house."

Finding and sentence confirmed. The stoppage of pay will be made by the proper ofl[icer. The remainder of the sentence will be carried into effect under the direction of the Commanding Ofiicer of his Company.

~th. Robert T. Ellis, Private, of Company "A," 3d Battalion, 13th U. S. Tnfantrj'. on the following charges and specifications :

cnAEGE 1ST :

''Theft:' SPKCIFICATIOX; "In this, that be, Robert T. Ellis, Private, of Com-

pany 'A,' 3d Battalion, 13th U. S. Infantry, did feloniously steal, talvc, and appropriate to his own use and benefit the sum of three dollars ($3.09) in money, the property of one John Brown, Private, of Company ' I>,' 3d Battalion, 13th U. 8. In- fantry. This at St. Louis, Mo., on or about the 21st day of March, 1866."

CHARGE 2D :

''Absence without leave.'

SPECIFICATIOX: "In this, that he, Robert T. Ellis, Private, of Com- pany 'A,' 3d Battalion, llJth U. S. Infantry, a duly enlisted soldier in the service of the United States, did absent himself without proper authority from his Company and Pegiment on the night of the 20th of March, 18G6, and did remain absent until arrested in St. Louis, Mo., on the 21st day of March. 1866. This at or near Jefferson Barracks, Mo."

To which charges and specifications the prisoner pleaded as follows ; To the specification of the first charge, "Not Guilty.''

To the first charge, ^'Not Guilty." To the specification of the second charge, "Oidlty.'^ To the second charge, '■^Guilty.''''

fi?t

The Court, having maturely considered the evidence adduced, finds he prisoner as follows:

Of the specification to the first charge. '■^Guilty.'" Of the first charge, "Ouilfy." Of the specitication to the second charj^o, ••GulUy." Of the second charge, "■Guilty.''

i nd the Court does, therefore, sentence him. Robert T. Ellis, Pri- vate, Company "A," 3d Battalion, 13th U. S. Infantr}^ "To forfeit all pay and allowances that are now or may become due him, except the just dues of the laundress and sutler and (,$3.00) three dollars, to be refunded to John Brown, Private, Company 'B,' 3d Battalion, 13th U. S. Infantry; to have his head .sliaved ; to be branded with the letter'T,'one and a half inches long, on the left hip; to bo drummed out of the service, with a placard attached to his back with the word 'Thief,' painted upon it in letters two and one-half inches long, and to be confined at hard labor for the period of three months, at such place as the Departmer.t Commander may designate."

Finding- and sentence confirmed. So muvh of the sentence as directs the branding with the letter "T," one and one-half inches long, on the left hip, and confinement of the prisoner for three months, is remitted. Robert T. Ellis, Private, of Company "A," 3d Battalion, ]3th U. S. Infantry, is hereby dishonorably discharged the service of the United States. The stoppage of pay will be made by the proper officer. The remainder of the sentence will be executed under the direction of his Commandinir OflScer.

%th. John Warindey, Private, of Company "E," 3d Battalion, 18th U. S. Infantry, on the following charge and specification :

CHARGE :

'' Desertion.''

SPECIFICATio.x: "In this, that he, Jolm Warmsley, Private, of Com- pany 'E,' 3d Battalion, 18th IT. S. Infantry, a duly-enlisted soldier in the United States service, did absent himself from

his company without permission from his Commanding Officer, and deserted the same on the 18th day of March, 1860, and remained absent until apprehended and returned on the 19th day of March, 18GG. This at Jeflerson Jiarracks, Mo."

To which charge and specification the prisoner pleaded as follows :

To the specification, " Guilty, except the words 'and deserted the same.'"

To the charge, "i\ô£ Guilty.'^

FINDING:


Of the specification, " GuU/y, excejjt the words • and deserted the same.' "

Of the charge, •' Not Guilty, but guilty of absence without lef.vc."

SENTENCE:

And the Court does, therefore, sentence him, John Wannsley, Private, of Company "E,'' 3d Battalion, 18tî U. S. Infantry, "to forfeit to the United S'tatCo thirty dollars ($30) paid for his apprehension, and to carry a knapsack strapped to his back, weighing forty (40) pounds, every alternate two hours from reveille till tattoo, for ten days, under charge of the police guard."

Finding and sentence confirmed, tô much of the sentence as directs that the prisoner forfeit thirty dollars paid for his apprehension is remitted, the charge of desertion not having been sustained. The remainder of the sentence will be executed under the direction of the Commanding Othcer of the 18th II. S. Infantry.

iU'i

^dth. William McDonald, Private, of Company "JI," 10th U. S. Infantry, on the following charge and specification :

CHARGE:

^^ Desertion.'^

SPECIFICATION: "In this, that he. William McDonald, Private, of a detachment of Company 'H,' 10th XJ. ^5. Infantry, attached to Company 'K,' lOtli U. S. Infantry, a duly-enlisted soldier in the service of the United States, did absent himself from and desert the said service, and remained absent until delivered up as a prisoner at the Jeflerson Barracks guard-house, on or about the 23d day of March, 18G6."

To which charge and specification the prisoner pleaded Guilty.'^

'Not

FINDING :


Of the specification, "Guiliy." Of the charge, "■ Ouiliy."

.SKNTENCE :

And the Court does, therefore, sentence him, William McDonald, Private, of Company "H," 10th U. S. Infantry, "To forfeit all pay and allowances that arc now, or may become due him, except the just dues of the laundress and sutler; to have his head shaved; to be branded with the letter ' D,' one and one-half inches long, on the left hip; to be drummed out of the service; and to be confined at hard labor for three years, at such place as may be designated by the Department Commander."

Finding and sentence confirmed. So much of the sentence as directs the prisoner to be branded with tJie letter "D," one and one- half inches long, on the left hij), is remitted. William McDoiiald, Private, of Company "H," 10th U. S. Infantry, is hereby dishonorably discharged the service of the United States. The stoppage of pay will be made by the proper officer. The remainder of the fen- tence will be executed under the direction of the Commanding Oflicer at Jefterson Harracks, Mo., who will cause the prisoner to be forwarded to Jefferson City, Mo., and turned over to the warden of the State i'enitentiary, who, at the same t'me, will be furnished with a copy of this order.

lOM. Michael Smith, Private, of Company "D," Sd Battalion, 18th U. S. Infantry, on the following charges and specifications:

CHARGE 1ST :

" Assault and battery."

SPECIFICATION: "In this, that he, Michael Smith, Private, of Com- pany 'D,' 3d Battalion, 18th U. S. Infantry, did assault, strike, neat, and otherwise brutally bruise one Frederick W.Weber, Acting Sergeant, 3d Battalion. 18th U. S. Infantry, by knocking him from a car, the same being in motion, 'j'his between St Louis, Mo., and Jefferson Barracks, Mo., on or about the 18th day of March, 1860."

CHARGE 2L):

"Conduct to the prejudice of good order and military discipline.

SPKCIFICATION: "In this, that he. Michael Smith, Private, o Com- pany 'D,' 3d Battalion, 18th U. S. Infantry, being a prisoner

10

under guard, did claim to be the sergeant in charge of the guard, whereby he was enabled to and did create a disturbance, and abuse, insult, and otherwise ill-treat his follow prisoners. This between the city of St. Louis, Mo., and Jefferson Barracks, Mo., on or about the ISih day of March, ISGti."

To all of which chari. 'Not GiuHy."

cs and sjiecifications the prisoner ]ileaded


Of the specification of the first charge, " Gnilly, but attach no criminality thereto."

Of the first charge, "Not Guilty." Of the specification of the second charge, ''Not Guilty." Of the second charge, '-Not Guilty."'

And the Court does, therefore, "acquit him, Michael Smith, Pri- vate, Company 'D,' 3d Batta'ion, 18th U. S. Infantry."

Finding and acquittal confirmed. The prisoner will be released from arrest and returned to dutv.

11^/4. John Wilson, Sergeant, of Company -'E," Battalion of Engineers, on the following charges and specifications :

CHARGE 1ST:

" Co7iduct prejudicial to good order and military discipline."

SPECIFICATIOX: "In this, that, he, JOA« IFi^so«, Sergeant, of Com- pany 'E,' Battalion of U. S. Engineers, having been f)laced in arrest, with orders from his Com,anding Officer to confine himself to his quarters, did leave his Company and quarters on or about the 19th day of March, 18G6, and remained absent until returned on the 2'lst day of March, 1806. This at Jefl'erson Barracks, Mo."

CHARGE 2D:

" Desertion."

SPECIFICATION: "In this, that he, John Wilson, Sergeant, of Com- pany 'E,' Battalion of U. S. Engineers, a duly enlisted soldier in the service of the United States, did, on or about the 10th day of March, 1866. absent himself from and desert said service, and remained absent until apprehended and returned to Jeft'erson Barracks, Mo., on or about the 21st day of March, 1866. This at Jefl'erson Barracks, Mo."

01

11

To which charges and specifications tiie prisoner pleaded as follows:

To the specification of the first charge, "Guilty." To the first charge, "Guilty.'' To the specification of the second charge, "Not Guilty.' To the second charge, "Not Guilty.''

i|l

The Court, having maturely considered the evidence adduced, finds the pr'sonor as follows:

Of the specification of the first charge, "Guilty." Of the first charge, "Guilty.'' ()i the specification of the second charge, "Guilty, except tho

words 'and desert,' and the words •apprehended and returned to Jeff'erspn Barracks, Mo.' '

Of the second charge, ••Not Guilty, hut guilty of ahsence without leave."'

M;.\ rKNcK: * ^

And tho Court does, therefore, sentence him, Jo/oi Wilson, Ser- geant, of Company "E," Battalion of U. 6. Engineers, "To be reduced to the ranks, and to forfeit to the United States fifteen dollars per month of his monthly pay for six months, and to bo confined at hard labor for six months.''

Finding and sentence confirmed. The stoj)page of jiay will be made by the proper ofliccr. Tho sentence of imprisonrrent Mill bo carried into efiect under the direction of the Commanding Officer at Jefferson Barracks, Mo.

Bv CO.MM.WD Ol' ^VrAJOU-GKXKKAI. I'orK.

JOilX r. SIIEKBUBNE,

Assistmd Adjutant General.

OFFICI.4L:

s'latant Adjutant General.

I'll,

'":''..

IIEADQUAIJTERS, DEPAKTMENT OF THE MISSOURI,

ST. Loris, Mo., April 21, 18GG.

GENERAL ORDERS,

No. :A.

I.., Before a General Court Martial, which convened at Scliofield Barracks, St. Louis, 3fo., pursuant to Special Orders, No. 74, current series, from these Headquarters, ar.d of which Major and Brevet Colonel C. GROVER, 8d U. S. Infantry, is Prcsiilent, were arraigned and tried :

\st. Jacob Kaufman, Private, Company "A," od U. S. Infantry, on the following charges and specifications:

CHARGE 1ST:

" Desertion."

SpEniricATiON: "In this, that he, Jacob Kaufman, Private, Companj- 'A,' 3d U. S. Infantry, a duly enlisted soldier in the service of the United States, did, on or about the 3d day of January, 18(!(!, absent himself from and desert said service, and remained absent until arrested on fr about the 30lh dav of March. ISijti. This at St Louis, Mo."

CHARGE 2D:

''lie-enlisiinff wltlioui a regular discharge."

SPECIFICATION: "In this, that he, Jacob Kaufman, Private, of Com- pany 'A," 3d U. y. Infantry, a duly enlisted soldier in the service of the United States, did jiresent himself for, and was enlisted in the 18th U. S. Infantrv, without ever having received a regular discharge from the regiment in which he last served. This at Jefferson Barracks, Mo., on or about the 24th of February, 1866."

To which the prisoner pleaded ^'Guilty.'"

FINDING :

The Court, luiving maturely considered the evidence adduced, confirms the fdea of the prisoner, and finds bim as follows:

Of the specification to the first charge, '■'Guilty." Of the first charge, ''Guilty." Of the specification to the second charge, " Guilty." Of the second charge, "Guilty."

SENTENCE:

And the Court does, therefore, sentence him, Jacob Kaufman, Pri- vate, of Company "A," 3d U. S. Infantry, "to forfeit all pay and

allowances tliat are now or may become due him, except so much as will pay the just dues of the sutler and laundress, and one (1) dollar per month until his discharge, and to be confined for six consecutive months at hard labor, under charge of the guard, from the date of the promulgation of his sentence, wearing a ball weighing twelve pounds attached to his left leg by a chain five feet long, and at the expiration of his sentence to be dishonorably discharged from the service of the United States.

Finding and sentence confirmed. Upon the unanimous recom- mciidaUon of the Court, the sentence is remitted. The prisoner will be released from arrest and returned to duty.

2d. Paid Casimer, Private, of Company " H," 3d U. S. Infantry, on the following charge and specification:

CHARGK:

''Selling, losing, or otherwise disposing of his clothing."

SPECIFICATION: "In this, that he, Paul Casimer, Private, of Com- pany 'H,' 3d U. B. Infantry, did sell, lose, or other > isc unlawfully dispose of one (1) great-coat, of the value of twelve ($12.00) dollars, and one blanket, of the value of seven ($7.00) dollars, furnished by, and to be used in, the milit iry se: vice of the United States. This at St, Louis, Mo., on or about the 31st day of March, 186().''

To which the prisoner pleaded as follows:

To the specification, ^^ Guilty, except the words 'did sell' and 'or otherwise disposing of.'"

To the charge, '^Guilty, exce})t the words 'selling' and "or otherwise disposing of.' "

iUi' The Court, having maturely conside ed the evidence adduced, finds

the prisoner as follows :

Of the specification, confirms the plea of the prisoner and finds him ^•Guilty, except the M'ords 'did sell' and 'or otherwise unlawfully dispos ' of.' "

Of the charge, confirms the plea of the [irisoner, and finds him '^Guilty, except the words 'selling' and 'cr otherwise disposing of.'"

SENTKXCE:

And the Court does, therefore, sentence him, Paul Casimer, Private, Company " H," 3d U. S. Infantry, "to reimburse the United States the amount of the clothing lost, and to forfeit fourteen ($14.00) dollars of his monthly pay for one month.''

10

Finding And suntciicu contirmed. The stoppage of pay will be made by the proper officer. The prisoner will be released from arrest and returned to duty.

od. Geo7-ge \V. Gordon, Private, of Company "H," od IT. S. In- fantry, on the following charge and specification :

CHAKfiE:

"SeUijig, losing, or otherwise disposing of his clothing."

SPECIFICATION: "In tliis, that he, George W. Gordon, a Private of Company 'IT,' 8d U. S. Infantry, did sell, lose, or otherwise unlawfully dispose of one great-coat, of the value of twelve dollars, and one flannel sack coat, of the value of four dollars and eighty cents, furnished by, and to be used in the militiry su-- vico of the United States. This on or about the 22d day of March, 186G."

To which the prisoner pleaded as follows: To the specification, '■G«i/;!z/, excc]»t the words 'did sell' and 'or

otiierwiso unlawfully dispose of.' " To the charge •'Guilty, exeeiit the words 'selling or otherwise dis-

]iosing of.'" IIXDI.NH :

The Court, having inatu ely considered the evidence adduced, finis the prisoner as follows:

Of the specification, confirms the jtlea of the prisoner, and finds him "G'MJ/^y, except the words 'did sell' and 'or otherwise unlawfully dispose of.' "

Of the charge, confirms the j^lea of the prisoner, and finds him ^'Guiltij, excej)t the words 'selling, or otherwise disposing cf.'"

SKNIKXCK:

And the Court does, therefore, sentence him, George }V. Gordon, Private, of Company "H," 3d U. 8. Infantry, "to reimburse to the United States the amount of clothing lost, and to forfeit fourteen dollars (S14.00) of his monthly pay for one month.''

Finding and sentence confirmed. The stoppage of pay will be made by the proper oflScer. The jirisoner will be released from arrest and returned to duty.

Ml. Alexander Anderson, Private, Company "G,'' 3d U. S. In- fantry, on the following charges and specifications :

CHAUGE 1ST:

''Absence without leave."

Si'KCiKiCATiON: "In this, that he, Alexander Andeison, Private, Company 'G,' ;',d U. S. Infantry, did absent himself from his

Company and liegimeiit without })roper authority, from between tiie hours of 9 and 10 o'clock, A. M., March 30th, 18156, until tattoo, same date. This at Schofield Barracks, St. Louis, Mo., on or about the da'es above specified."

CHAijGE 2D:

'• Selling, loning, or ofhericise disj^ising of his clothing.'''

SPECIFICATION: "In this, that he, Alexander Anderson, Private, Company ' G,' 3d U. S. Infantry, did sell, lose or otherwise dispose of one blanket, of the value of seven dollars, issued to him to be used in the military service of the United States. This at Schofield Barracks, St. Louis, Mo , on or about the 30th day of March, 18G6."

To which the prisoner pleaded as follows :

To the specification of the first charge, " Otdlly " To the first charge, " Guilly." To the specification of the second charge, '^ Not Ouil/g." To the second charge, ^'Not Guilty.''

FINDING:


Of the specification of the first charge, confirms the jilea of the prisoner, and finds him "Guilty."

Of the first charge, confirms the idea of the prisoner, and finds him '■ Guilty."

Of the specification of the second charge, '• Guilty." Of the second charge, "Guilty."

SEXJEXCK:

And the Court does, therefore, sentence him, Alexander Anderson, Private, Company "G," 3d U. S. Infantry, "to forfeit to the United States fourteen dollars ($14.00) of his monthly pay for two months, and to be confined at hard labor, under charge of the guard, wearing a ball weighing twelve pounds attached to his left leg by a chain six feet long, for the same period."

Finding and sentence confirmed. In accordance with instructions from the Secretary of War, so much of the sentence as directs the prisoner to wear a ball weighing twelve pounds attached to his left leg by a chain six feet long, is remitted The stoppage of pay will be made by the proper oflBcer. The remainder of the sentence will be executed under the direction of the Commanding OflScer of the 3d U. S. Infantry.

II. . . Boforo a General Court Martial, which convened at Fort Leavonworth, Kansas, pursuant to Special Orders, No. 50, current scries, from these Headijuarters, and of which Lieut. Col. THOS. L.

MACKKY, 11th Ohio Cavalry, is rresideni', were arraigned and tried:

Isf. Jvhn AshbtiDi, Private, of Conijiany " B," loth ^lissouri Cav- alry, on the following charges and specifications:

ciiAKCK 1ST:

'• Desertion.'

SPECIFICATION: " In this, that ho, John Ashburyi, an enlisted soldier in the service of the United States, Private, of Company 'B,' 13tli Missouri Cavalry, did absent himself from and desert said service, at or near Fort Kiley, Kans., on or about the Otli day of September, 1865, and did remain absent therefrom until apprehended at or near Camden, Kay county, Mo., on or about the Kith day of .January. 1800."

CHARGE 2D:

^Conduct to the prejudice of good order and military discipline."

SPKOIKICATION : "In this, that he, JoJm Ashburn, an enlisted soldier in the service of the United States, Private, of Company 'B,' 13th Missouri Cavalr}', did, at the time of his desertion, feloniously take, and carry away, with the intent to convert, and appropriate the same to his own use and benefit, one U. S. cavalry horse, and one set of iiorse equipments, the public property of the United States. This at Fort Riley, Kans.. on or about the Gtli day of September, 180')."

To all of .vhieh charges and specifications the prisoner pleaded " Guilty.''


Of the specification of the first charge, '•Guilty." Of the first charge, "Guilty." Of the specification to the second charge, '•Guilty.'' Of the second charge, "Guilty.^'

SKXIKNCK:

And the Court does, therefore, sentence him, the said John Ashburn, Private, of Company '• B," 13th Missouri Cavalry, "to be confined at hard labor, in charge of tlio guard, for the unexpired term of his enlistment, to forfeit all pay and allowances during his confinement, and at its expiration to be dishonorably discharged the service of tlio United States."

Finding and sentence confirmed. In pursuance of instructions from liie War Department, contained in General Orders, No. 5, current series, fmm these Headquarters, the sentence of imprisonment is remitted. Private John Ashburn, Company "B," 13th Missouri Cavalry, is hereby dishonorabi}' discharged the service of the United States. The stoppage of pay will be made by the proper officer.

'Id. Francis M. Sconce, Sergeant, of Company " B," loth Missouri Cavalry, on the fol'owing charges and spociflcations:

CHARGE 1ST:

" Desertion."

SPKCIFICATION : ''U\ this, that he, Francis M. Sconce, an enlisted soldier in the service of the United States, Sergeant, of Com- ])any ' B,' 13th M'ssouri Cavalry Volunteers, did absent himself frorri and desert the said service, at or near Fost I'iiey, Ivans., on or about the 6th day of September, 1865, and did remain absent therefrom until ap])rehended at or near Camden, Ray county, ^Missouri, on or about the liUh day January, 1866."

liM'p:

•' Conduct to the prejudice of good order and military discipline.'^

SPKCIFICATION: "In this, that he, Francis M. Scor.ce, an enlisted soldier in the service of the United States, Sergeant, of Com- l)any 'B,' lotli Missouri Cavalry, did, at the time of his desertion, feloniously take and carry ftAay, with the inte.nt to convert, and appropriate the same to his own use and benefit, one cavalry horse and ore set of horse equipments, the public U. S. property of the United States. This at or near Fort Riley, Kans., on or about the 6th day of September, 1865."

To all of which charges and specifications the prisoner jdeaded '• Guilty."

]'iNDix(;:

The Court, having maturely considered the case, confirms the plea of the prisoner, and finds him as follows :

Of tiie specification to the first charge, " Guilty." Of the first charge, " Guilty." Of the specification to the second charge, ••Guilty." Of tlie second charge, ' Guilty."

SK.VTKXC'E:

And the Court does, therefore, sentence him, the said Francis M- ■S'coHce, Sergeant, of Company "B," 13th 3Iissouri Cavalry, " to be confined at hard labor, in charge of the guard, for the unexpired term of his enlistment, to forfeit all pay and allowances accruing during his confinement, and at its expiration to bo dishonorably discharged the service."

Finding and sentence conlirmod. On account of the irregular proceedings of the Court, in not first reducing the jirisoner to the ranii of a private soldier, and in compliance with instructions from the W r Department, contained in General Orders, No. 5, current series, from these Heidquarters, the sentence of imprisonment is remitted. Sergeant Francis M. Sconce is hereby dishonorably discharged the service of tlie United States. Tlie stoppage of pay will be made by the proper officer.

• III.. . IJjforc a General Court 3Iartial, which convened at Jef- ferson Barracks, Mo., ]Hirsuant to Special Orders, No. 87, current series, from these Headquarters, and of which 11. G. GIBSON, Captain and Brevet Colonel. :>d U. S. Artillery, is President, was arraigned and tried :

D. B Long, nos])ital Steward. U. S. A., on tin following charges and specifications:

ciiAiuii: 1ST:

^'Disobedience of ordcrsi.''

SPKCIFICATION': "In this, that he, D. B. Lonrj, Hosi)ital Steward, U. S. A., being ordered bv 1st Lieutenant and Brevet Major Wm. M. Wherry, liith 'U. S. Infantry, Officer of the Guard, to go as a prisojier with a corporal and a guard to the guard- house, did refuse to obej' said (frder until compelled to do so by force. This at Jetierson Barracks, Mo , on or about the 12th day of April. IHcr,."

n

''Insubordinate conduct to the prejudice of good order and military discipline."

Si-ECiFiCATiox 1ST: "In this, that he, D. B. Long, Hospital Steward, U. S. A., on being ordered bv 1st Lieutenant and Brevet Major Wm. M. Wherry, 13th U. S.'Infantry, Officer of the Guard, to 'raise, and'stand at attention,' and show projter respect to his superior officer, did refuse to obey said officer, and when placed under arrest bv 1st Lieutenant and Brevet Major Wm. M. Wherry, l;]th U. S. Infantry, Officer of the Guard, did use insolent and insulting language towards said Lieutenant and Brevet Major W^m. M. Wherry. This at the hospital at Jeffer- son Barracks, Mo., on or aboiit the 12th day of April, 18GG."

Sr£CiFiCATioN 2D: "In this, that he, D. B. Long, Hospital Steward, U. S. A., being reprimanded by his superior officer, 1st Lieu- tenant and Brevet ]\[ajor AVm. M. Wherry, l:]th U. S. Infantry,

for inattention and disrespect, did conduct liimself in an insubordinate manner, and did use insulting language toward said 1st Lieutenant and Brevet Major Wm. M. Wherry, 13th U. S. Infantry. This at Jeiferson Barracks, Mo , on or about the 9th day of April, 18GG.'"

To all of which charges and specifications the prisoner pleaded ''Not Guilty.''

The Court, havii g ma'urely considered the evidence adduced, finds the prisoner as follows :

Of the second charge and specifications, "Guilty." Of the first charge and specification, "Not Guilty."

SKNTEXC'i::

And thf) Court does, therefore, sentence him, D. B. Z/0«(7,Hospital Steward, TJ. S. A., "to be reduced to the ranks, and to be confined at hard labor, under charge of the guard, for three months, and to forfeit all pay and allowances which are or may become due him for the same period, and to be dishonorably discharged from the service of the United States.'"

Proceedings and finding approved. The sentence, being irregular and unauthorized by law, and in variance with paragraph 89r), Revised Army Eegulations, is disapproved, except that portion which relates to the forfeiture of three months' pay and allowances, which will be made by the proper officer. The prisoner will be released from arrest and returned to (\\\\.x.

-^^sBl^ COMMAND OF MAJOR-OEXKKAL PoPE.

JOHN p. SIIEPtBURNE,

Assistcnit Adjutant General.

OFFICIAL:

Adjutant General.

HEADQUARTEHS DEPARTMENT OF THE MISSOURI.

Fnrt Ijcaveinvortli, Kansas, June. \st, ISlit).

(lEXEHAL ORDERS, )

No. (;:!. ] On the fccoiiiiiiondation of tlic CoiiiinaiHliii^- Olticcr of lii.s (ôinji;iii\.

iia.sod on the previfnis ôod oondiiot of Sergeant Jolin Wil.son. Co. ■ E, Biittallion U. S. Eiiginccr.s. stationed at .lert'er-son Rari-aeks, Mo., .-ô niiuii

nf tlie sentence, promulgated in Gejural Orders No. .');•, current seriivs) Inmi these Headquarters, as sentences him to conHnement at hard labor for six inontlis, is hereby remitttnl; and tlie forfeiture of fifteen dollars per month of his rnoiitldy pay for si.\ uiontlis. is so modified. .1 to read " fifteen dollars of his montlily pay per month for ilufc month-

BY COM.M.AM) OK .M.\.IOK (IKNKK.Î, POI'K.

JOHN I' SHEHHrHNE, Assislinil A'(/)(((]nt (ieiu'iaL

OKKICHI,

• ^»

Assistant Adjutant (leneral.

I'*?

HEADQUARTERS DEPARTMENT OF THE MISSOURI,

Fort Leaoenworth, Ku-isis, Jant 9th, 18l!6.

GENERAL ORDERS.

No. C4. Before a General Court Martial which oonventid at Fort Leaven-

worth, Kansas, pursuant to Special Orders No. 50, par. 1, current series, from these Headquarters, and of which Lieut. Col. Geo. Sykes,/.)th U. S Infantry is President, were arraigned and tried :

I Frank V. Popinaw, Private Company H, 2d Battallion. I8th U. S. Infantry, on the following charge and specification:

CaARiiE—Mutinom Ooiidact to the Prejudice o/ Goxl Ord-ir and Militaru DUcipiint. Specification !«<.—In this, that ho. Private Frjiik V. Papinaw, of Company H. 2ii

Battallion, 13th U. S. Infantry, in company with Private Walter Dustan, of same Company and Regiment, did break open and force the door of the Company cook room of Company H, l.Sth U. .S . Infantry, for the purpose of aiding Private Joseph Delany, of Company II. 2d Battallion. 13th U. S. Infantry, while apri^ioner, to resist the authority of Lance Sergeant, John P. Rippotoe, of the same Company and Regiment: he, the said Sergeant Rippetoe being there and then in the execution of his office.

This at Fort Leavenworth, Kan.sas, on or about the \'Mh day of

February, 18JB,6.

Specification 2^1:—In thii. that ho. Private Frank- V. Piipinaic, of Company H, 2d Battallion, 13th U. S. Infantry, having been ordered by Lance Sergeant, John B. Rippetoc, of same Company and Regiment, to g^ out of the Company cook room of said Company, did refuse to obey said order, he, the said Sergeant Rippotoe being th^ep and therein the execution of his (^flice.

This at Fort Leavenworth, Kansas, on or aljout the K^th day of February, 1866.

To which charge and specifications the prisoner pleadod " A'»/ Guilty."

FINDING.

The Court having maturely considered the evidence adduced, finds the prisoner as follows:

Of the Ist ^pect/?<.a(io)j, "Not Guilty," Of the 2d Specification, " Not Guilty." Of theCHARGK, " Not Guilty." And the Court does therefore acjuil him, the .said Private Fra>ik V. Papiuaw,

of Company H, 2d Battallion, 13tb U. S. Infantry. Finding and acquittal confirmed. The prisoner will be relea.sed from

confinement and returned to duty.

f

r'l.

II Walnr Dvi/an. Private of Company H, 2d Bat. 13th U. S. In-

fantry, on tlie lollowing charge and sj)ecifications:

CHARGE- MutinoiiH I'ovduct to the Ptejudice of Good Order and Militarv DitcipHne. Specification 1w.~In this, that he. Private Walter X>i(>tto)i. of Company 11, 2d Bat-

lallion. 13th II. S. Infantry, in company with Private Frank V. Papinaw, of same Company and Regiment, did break open and force the door of the cook room of • Company II, 13th U. S. Infantiy, for the purpose of aiding Private .loseph Dela- ny, of Company H, 2d Battallion, 13th U, S. Infantry, while u prisoner, to resist the authority of Lance Sergeant, John B, Rippetoe, of same Company and Regi- ment, he, the said Sergeant Rippetoe. being then and there in the execution of his office.

This at Fort Leavenworth, Kansas, on or iiljont the ISthday of

February 186().

Spccificatio}! 2d:—In this, that he. Private Walter Vustan. of Company II, 2d Bat- tallion, 13th U. S. Infantry, having been ordered by Lance Sergeant, John B- Rffpetoe, of same Company and Regiment, while in the execution of his office, to go out of the cook room of said Company, did positively refuse, in a mutinous manner, to obey said order, by seizing a stick of wood, and saying : " I won't go out of the room ; I'll knock somebody's brains out before I go," or words to that effect.

This at Fort I.eavenworth. Kansas, on or about the 13th day of

February. 18ti6.

To which charge and specifications the prisoner pleaded " Not Guilty."

V-L^ir^il Sifli; : FINDING. The Court having maturely considered the evidence adduced, finds the pris-

oner as follows: Of the 1st S'pecificiitioii. " Not Guilty." Of the 2d Specificaiioii, " Guilty," excci>t the words " in a mutinous manner."

and " by seizing a stick of wood.'' Of the CHARGK. ■■ Not Guilty." but " Guilty " of " Conduct to the Prejudice of

<iood Order and Military Discipline."

SENTENCE.

And the court doo»! therefore xeii/eiioe Aim, the said Private Walter Brutan, of Company H, 2d Battallion, 13th U. S. Infantry, to be eoufined nt hard labor, breaking rock in charge of the guard, for the ptriod of onantonth, { Sundays cxoepted.)

Finding and sentence conlinnetl. The .sentence will be carried into

otfect at Fort Leavenwortii. Kansas under the direction of the Com-

manding Officer of that Post.

Ill Ji.seph Delany, Private of Corajjany H. 2d Bat. 13th U. S. In-

t'antry, on the following charge and specifications:

CHARGK—3ri(?i)io«.'< Conduct to the Prtjudiee of Good Order and Military Ditcipline Speeificatiou \nt .-—In this, that he. Private Joseph Delany. of Company H. 2d Bat-

tnllion, 13th V. S. Infantiy, did get drunk and behave in a riotous and disorderly manner at his Company quarters, and when ordered to go with the guard, by hi* i-ommanding officer, Capt. Jos. Bush, 13th U. S. Infantry, did refuse to obey said order.

This at Fort Ijcavonwortli. Kansas, on or almnt tlic ];itli dnv of February. 18(')().

Specifkation 2rf.—In thi;;, that he. Private Joneph Dc/rniy. of C'oinpiiiiy H, IJil JJiii- tallion. 13th U. S. Infantry, did (fet drunk and behave in a riotous and disorderly manner at his t'onipany quarters, and when ordered l)y Lanee Sergeant. M. S. Black, of .same Company and Regiment, to keep quiet, did refuse, in a mutindii- manner, to obey said order, by attempting to seize and take amu.-ket from the sai<l Sergeant Black, saying, " I can whij) you, you son of a bitch." " I dare you (o step out into the floor." "I am a better man than you are." or words to iliat elfect, he. tl)o said Sergeant Black, being then and there in tlie execution of his office.

This at Fort Leavonwortli. Kansas, on or al)nnt tlic l.'itli duv of

February. 18<>().

To which charge anil specifications the prisoner pleaded " .V'</ (iiii/fp."

FINDING.

The Court having maturely considered the evidence adduced, finds the pris<Mi- er as follows :

Of the 1st Svecification. " G>i!/ti/." Of the 2d Specification. " Gmllji." Of the CHARGK, " Guilty."

SENTEN(T..

And the Court does therefore ««i^«ncf'^iwi, the said Private Jamph D'laii!/. ot (Company H,2d Battallion, l.Sth I'. S. Infantry, M he confined"t linrd labor, in chnrgi of the guard, for the period of two tnotith'. ten dayn in eorh month to lir kipl in the cell on hrend and water, and to forfeit (lf.'?O,00 ) thirty dollar!) of hvipoii.

Findinjf and .sentence confirmed. So mnch of the sontcMice as re-

lates to the forfeiture of $30 is remitted. The sentence of imprisonment

will be carried into effect at Fort Leavenwortii. Kansas, under the direc-

tion of the rV)mmandin<r Officer of that Post.

mi

Bv COM.MA.M) OK M.X.IOK GKXKUAI, POI'K.

JOHN P SHEHBrRNE.

Assistant Adjutant Grntra/.

OFKiri.\i,

Assis'ant A(/ji'tant Grnen'i.

m

HEADQUARTEHS DEPARTMENT OF J'HE MISSOURI.

PWf Jjedremnorlh, Kansof, June '28f/, 1S(i*''

(;ENERAL ORDERS. |

No. t;.'). I

Bofore a (Iciipral Court MnrtiitI which convened at Fort Lcavei:-

worth, Kan.sas, jjiirsuant to Special Order,'< No. 123, par. ."), current series, from these Headquarters, and of which Rvt. Brip;. Oenl. Henry M. We>:- --I'ls, Lt. Col. 13th U. S Infantry is President, were arraip^ned and tried ;

I Henry Hohfen, Private of rornpauy (I, 3d U. S. Infantrv. on the followini^ c'Mirnje and specification :

CHkW.v—Conduct to lh<- Pi-fjudirr of Good Ord-r mid MUitoni Diirijiliiii. Sppci,ficntioii.— Jn thi^i. that lie, llcnrv Holilcii Private of Coiiipnny (J. 8tl L". .'^.

Infantry, haviiiR Iieen ihil.v plai-ed as Sentinel, in ebarKi- of a party of pri.-ioners, ilid interfere with one lloraee L. Edwards, a eiti/.en, having in eharge one Private (iustav Starkluff. of Company (i..3d I'. S. Infantry, a deserter. It.v'attenipt- iiiK to prevent the said Edwanls. from Inrninn over the said deserter to theUffii-.- <•]' tlie Day.

This at Fort L(^a\eiiW(>rt]i. Kansas, on or about the 2 Ith dav o;

.^pril, iSt'di.

To wliicli the prisoner pleaih'd "Not Giiitty."

FINI)lN'(i.

The Court having niafinely <'(insidei-ed liii' evidence addii'id, lind- the pii--

ciner as follows : Of the Spffiiu'ntioii—Tlie <'oiirt finds the fuets as set forth : l)nt iitliicli im c-riuii-

iiiility thereto. Of the CHAKUK. " Not (luilty." .\ndtlie Court does therefore'»<■<//((>/(/»< the said I'rivale Ihnni //o/dm. nl' i'lnn-

imiiy ({. 3d r. S. Infantry.

Findino and aciiuittai confirined. i'hc prisoner will lie rel(>ased from

.-iircst and returned to duty.

il 'n/in SclntiolHiiiier. PriviUe of ("onipitny fJ. 2d I'. S. Cavali-y

on the tolh)wino' charjic ami spccificjilion :

("ll.vRiJK—' I)e.si'.ri)oti

Snenfifiition :—\n i\\\:<. that he. Private .hdni Siliiiin/linnir, of Company (i. 2d

V. S. Cavalry, a duly enliste<l soMier, in the service of the United St«te.s, did on "liihont the IDth ilay of Deeemher, I8<!.'). ahsent himself from and de.sert said ser-

vice, and remain absent until arrested : on orahout the 'Jlsf day of May. ISW.

This at or near Fort Leavenworth Kiinsas.

To xvhiidi the prisoner pli'iided " tiidlty. "

,/i

[•■^]

KLNDIN*;.

'I'lip Court havinnr m.Ttiirely considerfd llio case. (.'oiifiiniH tlic |ili';i

iit'tlie prisoner, and finds him as follows :

Of tlic So"ci,A<-"tiiiii. ■■ diilltv."

Of the CliAHOK. '■ Giiilhi." SKNTliNCK.

Ami rlic Couil dotv llit'ii-foie sinteuc' him, Vr'wdtf Jnlni Srhmolliitpir, (<f C'dinpaiiy (!. 2il U. S. Cavalry, to he di^hotinrahln ditrharperl lliesercice of the. Uniteil ■'^iiiteo : tnfoffflt nil pay <iml alUtwnnien now ilite, or to hecome Jue ; except the fxuit diiex of the Sutler iind I.aviidrexs, a)id to he confined (tt hard lidior at tuch phice o« the fJenerol Commitiidiitff the Pep jrtmtiit, man direct for the period of (2' two pearn.

Finding and seiitoiicc confirmod. Privato Johi, Sr.hniollingcr, Company

(i, 2d U. S. Cavalry, is lierc-by dislionorabiy discharged the servit-c of tli<

I'nited States: tlu^ stoppage of pay will be inad(i by the proper otiicer

T!ie sentence of ini|irisoTiment will in* carried into effect at tlie Miss uri

State Penitentiary, .fetferson City, Missouri. Tiie commanding officer

at Fort Leavenworth, Kansas, will cause llie prisoner to be forwarded ti

.Iftferson City, Missouri, and turned over to tlie Ward'Mi of the State

|-*enitentiarv. who at the same time will be furnished with a co|)y of tliis

iH'iler.

Ill (rVs^i/*; .Va/-^/w//,'Private of Company (T, 3d V. S. Infantry, on

the following charge and specification ;

Cii.vi!(;i-;—" [ksertinn. ''

Specificfili*m—\n this, that he, Giistav Suirkluff, Private of Company (J, 3d I'. S. Infantry, a duly enlisted Soldier, in the service of the United States, did on or .iboiit tlie 23d day of April. 18(56, absent himself from, and desert said service, and did renniin alisent therefrom until on or about April 24tli, 1866. when apprehendi'il.

This at Fort Leavenworth, Kan.sas. To which the prisoner pleaded " Not Gailty."

FINDINIJ. Tile Court having maturely considered the evidence addnced. find- the pria-

'iiu'r as follows : Of the Svecificolioii. " Gudt)/" except the words. " and i/eiert. " Of the CHAROK, "Not (Suitln." but " Guilty" of "absence without leave."

SExNTENCK. And the Court does therefore sentence him. the said GuHlor Stoikliiff, Private

'if I'ompany (}, 3d V. S. Infantry, to forfeit to the United States (,$10 of hitpnyfor "<ie mouth.

Finding and sentence confirmed. The .stoppage ot pay will be made

Iiv tlie pro])er officer ; the pri.soner will be released from confinement and

nnurned to duty.

I\' John Ste.wart. Private of Company K. 3d I', S. Infantry, on

the; following charges and specifications:

CH.\R(iK 1st—'"Desertion

Sp';cification:—li\ this that he, John Stewart. Private of Company K, 3d U. S. In- f.infry. a duly enlisted Soldier in the service of the United States, did absent him-

>>ll

[3]

-elf from and desert s^aid service (in or about tlie 2yth day of A|iril, \xm. and di remain absent until on or about the 2d day of ]\Iay. 1866.

This at Fort Leavenworth, Kansas.

CHARCK 2d~"Lai-ceuy."

Spi'rificniwii : —Fn this, that he. John .Steintrt, Private of Cornpany K, 3d U H Ju ^■Awiry, dul feloniously ulcul, take, and vtirryuwan. onu Great Co<it, tlio property of one Charles DeM'itt. of the value of ($]2,()()) twelve dollars, or thereabouts, with inten III nppropriati- th) miinf tii hUoini uie and binffit.

This at Fort Fcavciiworth. Kansas, on oi- aliotif thr 21st ilav <■

.Vpril, lSC)(i.

To which the prisoner pleaded as follows :

To the Sprrificatiou. of the 1st CH.\K()K, 'GiiUtii' e.\cci)t the woiils, "„nd liixi,-/ To the lstOH.\R(iK. 'Wot GiiiUy" hut guUty of "ahxnimrithuni /,,i,;." To the Specijication, of the 2d CHAK(;K, "Nut Giiilty." ■|"o the 2d CUAKCK. "Sot Guilty."

I'INDIN*;.

The Court liavinK niatiirel,\ i-onsidered the evidence adduced, linds the nrisJoii I'r as follows :

W X\\v Sp>ciiu-atioH. to the 1st ('HAiUiK. " Guilty" i'\ce\>t the words "and ,hn,rl 'i Of the 1st CllARtiK. " yot Guilty," but tiuiltyof <ihiii:nre irithoni l,„re. Of {\w Sv'iifii-atimi. to the 2d ("nAit(;K. "Not Gullin." i>f the 2il ('HAR(iK. ".V.»^ Gwllfy."

.SKNTKNCK.

And the court iloes therefore >«'H/»)(C/-/(I'ni. the said. .John .'>le\varl, I'riiMle (ifCn K. Hd r. S. Infantry, "to forfeit {ih.W)fir<- do/tariof fii< pay."

Finding and sentonop oonfirincd. The .stoppagi' ot'pav will he mad'

liy the ])roj>or officer. Tiip prisoner will lie released fioni ( onfineineni

,ii)(i returiii'd to duty.

\' Hcirry Smith, Private of Company (!, .'!d I' S. Infantry on tln'

the following eliarge-? and speeilieations :

CHAIIOK 1st—'.l/O^cmv ir,ilhriul kii-e"

Sp)'ci/ication: — l]i this, that he. Henry Smith. Private ol (ompany (J. M U. .<. Jn fantry, did aliseni himself, without r>ropcr authority from his Company and Regi iiient. from on or about the niorninjt of .Ma.v 2t>tli. ISCiti. iinfil on orabout the even iiiKof xMay 27tli l«t)«.

This at Fort l.eaviMivvorlli. Ksuisas.

CHABOK '2i{—" fninlHirdinote nniilnrl to tin prrinilimi/ iion I ordi r mid mili (try diici fitine."

•"^Pfct/JenrMw lir.—In this that Hrnru Smith, Viiv.itc ai Company <i, .3(1 U. 8. In t'ioitry. on beiuK ordered to the jfuard house, by 1st ScrKeant Francis iSullivan, Com l<anyG, M V. 8. Infantry, did refuse to (d>ey said order, sjiyinfr " I'll bedamnci if! will." or word.s to that effect.

This !it Fort l^eavenwortli, Kansas, on or about May. "JTtli 180(i.

SnrcificfilioH2d.—-\n this that he l/r-nry Smith. Private of Company (J. ."{J U. .'^. Infantry, lieinf? taken to the iruard house by First Sergeant .Sullivan. Company U. •id U. S. Infantry, did call him several tiuM'-^ "a low lived son of a bitch," or word- 'i that effect.

This at Fort I.eaveiiworth, Kiinsas. on or al)oiit .Vliiy 27tli. IHtiti.

Toull of whicli chavgi'sand specifications the pii-oncr pleaded. "Not Guilty."

I » M

[4]

FINDIXc;. ! (if Court liiiving iiiiituioly eoDsideied the uvidt-nc • nîiliiccil, Hnils tlic pii>(iiior

.1.- follows : <tf tlie Spccificalujit to tlio l.st CHAUGK. " Gniliy." • *f t le 1st ciiARCiK, "Giii/ty." •'f the 1st Specijiratioii. to the 2il CHAKOK, " (jîUljj." "t'the 2J SpfiifiiiUimi, to the 2(1 CHAKCiK. " GnUlii" "t the 2d ('ilAH(!K, "IliiUlji."

.SENTENCE, And the Court does therefore xinlfiicf him, the said H'lirn Smith, Priviiteof

('oinpany (i 3:1 V . S. Infantry. "ti> be confined at httrd lalior under <hitriieofthc ynaid ror the period of three monthx. from the date of the promii/iinlion of thitnentente, three d<ii/< *n inch month to he xolilary confined in a cell in the iinitrd hoime. on loetid ttnd nyit< r iliel, Htid to forfeit ten doUiirn ofhinpay per month for three mouthn."

Finding and sonteneo conficraed. The sto|(|nijfe o'i \<;\y will lie made

hy the proper officer. Tlie remiiinder of'tlie senteiiee will he executed un-

der the direetion of tlie Coinniunding OHicer of l''ort Leavenworfli. Kaii-

\I \VI iia)i( iJtnii/i. i'v]\ni(- 4th Coinpanv detaehinent recruits.

•'th L'. S. Infantry, on the i'ollowing (diarjie and .specification :

Cii.\K(iK—'■ Ldrceni) " Specifieation:—In this that hf, William Demilt, Private 4tli Couiininy detaehuieiit

recruits, j!h U. !^. Infantry, did on or about the 2Utii day of May, IStiti, feloniously ..'oal, take and carry away, for the purpose of converting to his own use and benetit.

ii/i- Inffintry Great Coot, of the rahie of (i^W,(K)) tendolhirx or iherealioutx, the pro|)erty ■>f.Iohn Cosgrove, Privnte4th Coniiuoiy detachment recruits, .)th 1'. .•<. Infanliy.

Thi.s at Fort l^taveiiwortii, Kiinsa.s. To which tiie prisoner pleaded "Guilty."

I'lXDIXti. The coui'i having maturely considered the case, finds the prisoner as follows :

Of ihc Sprcificiition. confirms the plea of the prisoner and finds him "Guilty." Of the CH.VRCK, contirnis the plea of the prisoner, and finds him ' tinilty."

.SENTENCE. And the court does therefore sentence him. Willidni Demilt, Private 4th Company

dolaehuient )ecruits, .)th l^ S, Infantry, "to l)e confined in the guard house at Fort Leavenworth. Kansas, one month, to forfeit all pay and allowances, now due or to become due, e.xeept the just dues of the .Sutler and Laundress : !ind at the end of his imprisonment lobe dishonoiably discharged and drummed out of lh<'service, wearing <)n his back a placard with the word "Thief" printed thereon, in letters six inches in length.

Finding and sentence eontirined. 'l'h(> stoppage of pay will li' made

hy thi? pi'Opei- officer. Tlic .sentence of imprisonment will he etirried into

f-ifect under the direction of tiie commanding officer at Fort Iêtivenworth,

Kansas. i'he i-eiiiainder of the sentence i.s remitted,

VII Fraitk Sndtli, Private of Ligiit Compaiiv I!, ith V. .S. .Vrftl-

I 'ry, on tlie following charge and specifications :

CH.VIKJK—"Coiidi'd to t' e prejudice of good o der mid indiiarj/ (/iM'/>^'ne-

Specificiition int.—In this, that he. Frank Smith, Private of Ligiit Company li. 4th U. .S. Artillery, did bring into, or have in his possession, iu his Company ((uarters » l:o*tl(f of whisky.

[ •> ]

This at Fort Lcinciiwtntli. Kiiiisiis, on ot- alioiit llic'idtl A.iril,

i,st;t;. Sptcijicatioii 2</;--ln this, that hi' Fioiik Smith .I'riviilr ol IJRIII CI IMI>MM.V It. l;li

r. ^. Artillery, diil take out of hir^ poeket in liis ('(uripjiiiy (iimrters. ii )>cililc (i( whisky, ami hohl it up hefore Seijfealit .John (ialhipher. nt' Lijtht ('<iiii|)iiii.\ l!.4tli I . S. Artillery, and say, "1 would like to ^ee the <laiiiiieil son oi a hilrli. that would take this bottle, and confine me," (or words to that effect.) and this af'fe;- ihesaid S^ergeant Gallaffher. had tlie evening befcde said in his. Private Suiilli's |)i(<< mi . that the next time he saw a man bring into, or have whisky in i|uarlei>. hi- wmild break his bottle lind confine him. or words to that efl'eet.

This at Fort Leavemvorth. Kansas, on or aliont Ma\ 20tii. iSiKi.

Speri.fieulion iki:- In this, that he. Frank- Smith. I'rivale of 1 ight ('oiiiii:,i > 1',. 4th U. S. Artillery, was drunk in his Coinpaiiy quarters.

This at Fort Leaveipvorth, Kansas, on or aljoiit Mav liOth. IStii;.

To which charges and speeitications, the prisoner picded as follows : To the 1st Specification, "Guilty." To the 2d Specifidation, "Not Guilty." To the ,'W Speclficatiou, "Not Guillii."

To the ('II\H(;K. "Gidltu."

FINDINt;. The court having maturely considered the eviileiiec addured, finds the prisoner

,n follows : Of the 1st Specification, coiifiruiii the jilea of the prisoner and finds him 'timliii.' Of the 2d Specification, " Ouilty."

Of the 3d Specification, "Guilty." Of the ('HAK(;K, confirms the plea of the prisoner ancj finds him "d'ni/ii/."

SENTENCE. And the court does therefore lentence him. \\n' <>i\il Fnink Smith, Private of

bight Company B,4th V. S. Atillery, to he ((mfined at •(olitary confinement in the HHH'I-

hovie, on bread and irater diet for ten dav, anil to forfeit tin ilollarn of hix fviu-

Finding and scntenco confirmed. TIic stoppaoo of pay will Ix' anHli

bv the proper officer. The remainder of the sentence will he cxciutid

under the direction of" tlie coniinandino' officer of Fort L"avenvvorili.

Kansas.

VIIJ Jerri/ McLaughlin, Private Company (J. 2d l. .'^. Cavalry.

on the followinof charges and specih'cations :

CH.\.R(;I-: \SI.—'^Deserlio>i." Sinrifierition :—In this, that he, ./erry McLaiifihlin, Private Company (i. LM 1'. S-

' avalry, a duly enlisted soldier in the service of the United States, did on or about the 12tli day of May, 1866. absent himself from, and desert said service, anil remained absent until returned under guard on or about the 2:5d day of .May, IStiti.

This at or near Camp Sylvcs, at or near P"'ort r.cavcnwortli. Kiuisas

f'HABOK 2d-—"Absence without leave" ■'"'Pecification .— In this, that he, ./erry MeLanflhlin, Private of Coiiip:iiiy tJ, 21 C.

'avalry, a duly enlisted soldier in the service of the I'nited States, ilirl on boiiifr 'etunieil under guard to his Company aforesaid, imnieiliately leave camp, wilbont

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IHMiiiissidii. on <ir about liu'23d day of May 18tj6, and remain absent until arresiid liy till' l^it Sergeant of his Company, on or about the 24th day of May, 1866.

Tliis iit Of near Oamj) Sykos, at or noar Foft TiPavenwortl). Kansas

("iiAK(.K :>d—"Disobedience of Orders." Sprvi.tirfdiDii :—In t\w, that he, Jerry McLaughlin, Private Company (i, 2(1 I . S.

(':i\iilry, a duly enlii<ted soldier, in the service of tlic United Slates, did after beinjr o'derod l>y his Company commander, to return to camp, refuse or neglect to obey >;iid or<ler. and did not return to his (M)nimaud until sent biiek under guard.

I'liis in or noar I.oavonwortli ('itv, Kansas, on or abont thn 13th (lav

n|- May. IsCi;.

("tiAKci; Itli—'Sdiing, or Using through neglect his Arms. '

Spixi.lirnU<)ii .- — In this, that lie,/«/n/ McLanphlin, Private of Company G. 2d l'- S. Cavalry, a duly enlisted soldiei- in the service of the United States, did on or : liout the r.'th day of May, 1866, take and carry away from Camp Sykes, at or near Fort Liavenworth, Kansas, (One Spencer Repeating Rifle,) the property of the r nili'il States, issued to him. as a soMier. and did sell, lose or otherwise dispose of

'I'liis at or near l-"c>rt I-cavcinvorth. Kansas, on or abont the 12th dav

olMav, ISCC.

'I'd which charges and siiecittcations the prisoner pleaded a? follows: To the StKcificnlioii af the 1st charge, "Not Ouilty:" To the 1st CHAK(;K, "Not Gniltii." Tn the Sp'^ci.ficnlion, of the 2d (li.irge, "Guilty." To the 2d CHARfiK. "Guilty." To the Spicififiition. of the .">d charge, "Guilty." To the ?y\ CHARGK "Guilty." To the Srx( ifiidtiou, of the 4th charge. "Not Guilty " To ih( 4'h CnAROK. "Not Guilty."

FIXDINCi. riie (Hint h.ix iiig inafurely considered the evidence adduced finds tlie prisoner

.,- follows: Of the Spciifixation, of the 1st charge, " Gitilti/." "exwpl the words and desert. " Of the 1-t CHAROK. " .^'ot Guilty." "hnt guilty of absence without leave'"' IM'the .Sp'-i i/if'tu))!. to the 2d charge, "Guilty." Of the 2(1 CHAKGK, "Guilty." Of the .Sp'ciJicKtion, to the od charge, " tjriiHty."

Of the M CHARUK, "Guilty." Of the Spcclficdtion. to the 4th charge. "Guilty." Of the 4th (jhaige, "Gxilly."

SENTENCE.

And the court does therefore wyf/enc*,'Aim the said .ferry McLoiifihlin, Private ot < (iinp.my (!, ;> 1 U.S. Cavalry, "to forfeit ten ilollnrxo/hi^ p<iy. Pfr month for six month'. iliir'i/ ilolliii-i of thiit ainoinif to reinihnrse the Government of thi United Stoten.for the Cnr-

l.iiie lull: mid to he eonfined nt hard Inlior. in r.harpe of the ynard .for the period ot «<■ i/iuiiili-- x'-ren dni/n in each m >nth, to hexdilary eonfinxd on bread itnd ipaier diet.

Kindino; and sentence oonfirnied. The stoppaore of pay will be made liv the jifoper o!Hcer: the sentence of imprisonment will b<; executed un- ijer the direction of tlie roininandin"- Officer at Fort T.eavenworth. Kan-

OKI-ICIAI.

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Bv COMMAMI (>|- MA.MIK (ikNKUAI, PoTK,

JOHN P. SHERHrRXE.

Amstant A<ljuhi>i/ Ciin.n-ai

'ant Aiii'it,iiit (lt'n,-r.il.

(tit' *ji

^

D

r'>

., HEAD-QUAKTERS DEPARTMENT OK THE MISSOrRI. )

P\)RT LK.WKNWDKTH. KANSAS. Jiilv ];^tli. ISiiti. [

GENERAL ORDERS} No. (iO. {

Before a General Court Martial, wliieli convened at Fort Kearnev.

N. T.. pursuant to Special Orders No. IS, par. II, C. S.,[dated Head-Quar-

ters District of Nehra.«ka, March !)t!). 18()<i, and of which Lieut. Colonel

R. H. Brown. 12tii Mo. Vol. Cavalry, was president, were arraijincd and

tried :

, Carl Kc'Siman, Captain f.tli U. S. \'()1. Intunfi-v. on the followinii cliarut s

and specifications : C'HAKGK I.— " I)runk()nne.s.-i while on duly." Spfcificallim.— " In ihirs, that he. Captain Coil Kutinuni. Company E. of the (Jih

Regiment U. S. Infantiy N'olunteeis-, did appear before .-i (ieneral iVurt Maitial, convened in obedience to Special Orderi; No. 39, llcad-yuarter.s Dir^trict of Ne- liiaskii, dated \ovcnil)er 22d. 1865, while saiil (jcneral Court Martial was in ses?ion. iiiid of which he was a uieaibcr. in a state of into.xication, so much ?o, a.-^ to reiidei him unfit to perform the duties for which he had been detailed."

This at Eort Kearm y. X T, mi ..i- ..K,,,,? ?!,,. i;-j(li (\.,xy ot' Decemlier

A. I). ISd.-).

CHARGE II.— " Conduct iitibcci'ining an uliict; and gontlonnin." Svei-ifieatioH /.- In this, that he. ('<n-l Knstiimn, Captain Co. E. of the (Jth Kegi-

iiicnt U. S. Infant!y Volunteers, did appear helVne a (Jeneriil Court Martial, convened in obedience to Special Orders No. ?>9, from Head-Quarters District of Ne- 'iiMska, Fort Kearney, N. T., dated November. 22d, 186j. while said (Jencral Court .Martial was in session, and of which he was a member, in a state of into.\icati(>n. -j nuich so. as to render him unfit to perform the duties for which he had been de- idled.

This at Fort Kearney, X. T., on or aOont the K-itli diiv .if ])>^<'c\v'. ■■■ i>5i;.'3

Spnifiiulioit //. — In this, ihat he, ''or/ Koiliiiuii. Captain Co. K, of the (itli C. S. Vol. Infantry, did willfully absent himself from one of the sittings of a (Jeneval ''ijurt Martial, convened in obedience to Special Orders No. .19, from Head-Quai- ters District of Nebraska, Fort Kearney. N. T.. dated November 22d, 186J. whil;^ said General Court Martial was in session, and of which he Was a member, from ilo'eloek p. m. of December 13th, IStij, to 10 o'clock a. m. of December 14th, ISfi.i, liluiing^ic trial of Edward W. Allen, private. Co. A. 1st Nebraska Veteran Cav- alry Volunteers'', after having received official notice that said tJeneral Court M;M - iid Would meet at 6 o'clock p. m,, of December 13:h, 1805,

This at Fort Kearnev, N. T.. on or alioiit the I.'Ith dav of Deceniix-r ls(;.->.

ypedAn'ioii ///.— In this, that he. C'lr' KnxtiU'ii. Captain Co. E. 6:h V. S. In- fantry Volunteers, did. in presence of ihe members of the aforesaid C.eneral Cour. Martial, in a threatening and sneering m-inner. say to Ma.ior .Andrew .1. Hughes. 12th Regiment Mo. Cavalry Volunteers, pre-^idipp officer of flic nt'on'snid Ccni—i!

,/U

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Court Martial, after having been admoni^ihed by him, (Major Andrew J. Hughes,) " I'll remember you. Major," and turning to Captain Lee P. (lillette, Co. A, 1st Nebraska Veteran Cavalry Volunteers, (Judge Advocate of the aforesaid Genera Court Martial), did say : " And you, too. Captain Gillette, damn you," or Vfords to that effect.

This at Fort Kearney. N. T., on or about the 14tli day of December, ISt'.O.

CHARGK III.—" Conduct to the prejudice of good order and military discipline." Specification /.—In this, that he, Carl KoHtman, Captain Co. E, 6th U. S. Infantry

Volunteers, did appear before a General Court Martial, convened in obedience to Special Orders No. 39, from Head-Quarters District of Nebraska, Fort Kearney, N. T., dated November 22d, 1865, while said General Court Martial was in session, and of which he was a member, in a state of intoxication, so much so, as to render him unfit to perform the duties for which he had been detailed.

Phi.'! at Fort Kearney, N. T., on or about the 13th day of December, 18f)5.

Specification //.—In this, that he, Carl Kostinan, Captain Co. E, 6th U. S. In- fantry Volunteers, did willfully absent himself from one'of the sittings of a General Court Martial, convened in obedience to Special Orders No. 39, from Head-Quar- ters District of Nebraska, Fort Kearney, N. T., dated November 22d, 1865, wiile said General Court Martial was in session, and of which he was a member, from 6 o'clock p. m. of December 13th, 1865, to 10 o'clock a.m. of December 14th, 1865, uluring the trial of Edward W. Allen, private of Co. A, 1st Nebraska Veteran Cav- alry Volunteers,) after having received official notice that said General Court Martial would meet at 6 o'clock p. m. of December 13th, 1865.

Tliis at Fort Kearney, N, T., on or about the 13th day of December, 18r.5.

Specification Iff.— In this, that ho, Carl Kottman, Captain Co. E, 6th U. S. In- fantry Volunteers, did, in the presence of the members of the aforesaid General (/ourt Martial, in an insulting and sneering manner, say to Major Andrew J. Hughes, 12th Regiment Mo. Cavalry Volunteers, presiding officer of the aforesaid General Court Martial, after having been admonislied by him, 'Major Andrew J. Hughes,) to keep quiet, " I'll remember you. Major," and turning to Captain Lee P. Gillette, Co. A, 1st Nebraska Veteran Cavalry Volunteers, (Judge Advocate of the General Court Martial,) did say : "And you, too. Captain Gillette, damn you," or words to that etFect.

This at Fort Kearney, N. T., on or about the 14th day of December, lb«5.

Specification f W—In this, that he, Carl Koitman, Captain Co. E, 6th U. S In- fantry Volunteers, did appear before a General Ct^urt Martial, convened in obedience to Special Orders No. 39, from Head-Quarters District of NebraAa, Fort Kearney, N. T., dated November 22d, 1865, and of which he was a memlM-, and in presence of the members of the aforesaid General Court Martial, and (Jeorge P. Belden, 2d Lieut, of Co. I, 1st Regiment Nebraska Veteran Cavalry Volunteer.-, counsel for the accused in the case of the United States veriivi Edward W. Allen, private Co. A, 1st Nebraska Veteran Cavalry Volunteers, and also in the presence of Ssrgeaut Andrew C. McMaken, Co. A. Ist Nebraska Veteran Cavalry Volun- teers, and other enlisted men, including the prisoner, Edward W. Allen, aforesaid, iu a state of intoxication, so much so, and to such an extent, as to render him unfit to perforu\ the duties for which he had been detailed, and to cause the aforesai^l

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(ieneial Court Martial to take a recess, and to suspeml pioeoeding' in the aforesaid ease.

This at Fort Ke^rne}', N. T,. on or about the 13tli ihiy of Deoenibfr, 186.5.

CHAKGK I \'.--" Neglect of duty." Spevificntioii —In thii, that he, Cni-l Koxtman, Captain Co. E, (ith l'. .S. Infantry

Volunteers, did willfully absent himself from one of the sittings of a (leneral Court "J * .Martial, conveiied in obedience to Special Orders No. 39, from Head-Quarters

District of Nebraska, Fort Kearney, N.T., dated Nov 22d, 1865, while said (lenerii, Court .Martial was in session, and of which he was a member, from 6 o'clock p. m. of December 13th, 1H()5, to 10 o'clock a. ni. of December 14th, 18GJ, during the trial of Edward \V. .'V.llen, private Co. A. 1st Nebraska Veteran (Javalry Volunteers, after having received official notice that said (Jjneral (!ourt Martial would meet at tio'clock p. m of December 13th, 1865.

This at Fort Koariiey, N. T.

To all of which chargps ai\d specifications the accused pleaded. " Ao/

Gui/ii/." FINDING.

Tlio Court hiiviiii^ maturely considered tiie evidence adduced, finds the accused as follows :

Of the Specification of the 1st Charge "N^oi GuUty." Ofthe 1st Charge ^... "Not Guilty," Oftiio 1st Specification of the 2d Charge "Xot Giuliu." Ofthe 2d Specification of the 2d Charge " Guilty."

with the exception ofthe word "willfully." Ofthe 3d Specification ofthe 2d Charge " Guiltij."

with the exception ofthe words " threatening and sneering manner."

Ofthe 2d Charfev "Not Gui/ty." " Of conduct unbecoming an officer and gentleman," but "(luilty of using improper language."

Ofthe 1st.Specification of theSd Charge "Not Guilty." Ofthe 2d Specification ofthe 3d Charge " Guilly."

with the exception of the word " willfully." Of the 3d Specification ofthe 3d Charge " Guilty."

with the exception of the words "in a threatening and sneering manner."

Ofthe 4th Specification of the 3d Charge "Not Guilty." Of the ,3d Charge "Not Guilty."

but "guilty of hasty and improper language." Uf the Specification of the 4th Charge "Guilty,"

with the exception of "wilfully." Of the 4th Charge "Not Guilty.''

SENTENCE. And the Court does therefore sentence him. Captain Carl KODIman. Company E.

tith Regiment V. S. Infantry Volunteers, "To be reprimandi-d in published Ordersby <he Geni-rnl Coiiininiidiiiit.''

Finding and Sentence confirmed. Such conduct as Captain Kostman was found to have been guilty of, is highly

itprehunsible under any circumstances, and when, as in this ease, it occurs during ilie session of a (lonerni Court Martial, of which he was a member, is deserving ol

./i

ii!

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i.he ^■t'vel■cst ceusinu, a« highly unbucoming an Officer, and teiKliiig to bring intu (H.-ero(lit and contempt proceedtng.-! which should be of the nio.^t dignified character. Captain Kostnian is fortunate in finding more disposition to leniency in the Court which tried him, than his conduct deserves.

('ai)tiiin Ivoslman is lelieved from arrest and returned to duly, a nd will re^uinc his swovd.

By ciimuiand of .MA.KIU (iKNKKAi. I'oPK.

JOHN \>. SHKRBIKNK, Axxi^l'iiit Afljiittinl (;,„',;•/.

U,nl AiliiiUiut Ihiurnl.

HEADQUARTERS DEPARTMENT OF THE MISSOURI, | FORT LKAVKNWOBTH, KANSAS, July 26th, 1866 i

GENERAL ORDERS) No. 68. )

J Before a General Court Martial which convened at Fort Kearney

N. T, pursuant to Special Orders, No. 27, dated Headquarters District

of the Plains, Julesburg, C. T., June 12ih, 1865, and of which Lt. Col

Wm. Baumer, 1st Nebraska Vet. Vol. Cavalry, was President, were ar

raigned and tried .

David Laswell, citizen in Government employ, on the following chargt

and specification : CHAROE.—Murder.

Specification.—In this, that lie, David Laswell, eiti/.en in Governiuent employ did willfully, feloniously, premcditatedly, and with malice aforethouKht, murdei John Neistor, a citizen in (iovernincMt employ, by shooting him to death.

This at Julesburg, C. T., on or about March 27th, 1865, To which Charge and Specification, the prisoner pleaded "Not Guilty.'

FINDING. T^ieOourt having maturely considered the evidence adduced, finds the prisonei

as follows : Of the (specification "Guilty." Of the Charge " Guilty."

SENTENCE. And the Court does therefore sentence him, the said David Laswell.

citizen, in Government employ, to be hung by the neck, until dead, at

such time and place as the Commanding General shall designate, two.

thirds of the members concurring therein.

The finding and sentence in the foregoing case having been disap

proved by the reviewing officer, (on account of irregularities in the pro-

ceedings, which render the sentence inoperative,) and the record forward-

ed to the General Commanding the Department for final actitm, the

lollowing are his orders thereon.

The action of the reviewing officer, in the case of David Laswell, citi

ztn. in Government employ, i.s hereby approved and confirmed. The

prisoner will be relea.sed from confinement.

II Before a Military Commission which convened at Fort Collins, C.

T. ill pursuance to Special Orders, No. 51, dated Headquarters, District

olt'olorado, and separate Brigade, Denver, (,'. T., April lOth, 1866, and

I'l'which Captain J. W. Farrand, 21st New York Cavalry, is President,

«<-i-e arraigned and tried :

I'eter Stalkes, Private of Company G, 21st New York Cavalry, on the

following charge and specification ('H4K(iK .- Rurglury mid rohhrry.

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Specificntioii:~"In this, that he tht' said Peter Stalkes, Private of Company G. 21st N. Y. Cavalry, did break into the Sutler i^tore of Mason <fe Co., at Camp Collins. 1^. T., and take therefrom 50 dollars in money, more or less."

This at Camp Collins, C. T., on or a()Out the 30th day of March, 1866.

To which charge and specification the prisoner pleaded "Guilty." FINDING.

The Commission having maturely cons*idered thccasc, confirms the pleaof tho prisoner.

SENTENCE. And the Commission does therefore sentence him, Peter Stalkes, Pri

ate of Company G, 21st N. Y. Cavalry, to be confined until the expira-

tion of his term of service, with a ball weighing twenty-four (2 4) pounds,

attached by a chain, four feet in length, to his left leg, with the loss of all

jiay and allowances now due him, or that may become due from the

United States.

Finding and sentence confirmed. So much of the sentence as relates

to the wearing of a ball and chain is remitted. The stoppage of pay

will be made by the proper officer. The sentence of imprisonment will

i>e executed under the direction of the Commanding officer at Fort Col-

lins, C. T.

Ry command'>f M A.JOK (JKNERAI. POI-K.

•lOHN P SHEllBURNE, A/tnutfint Adjutant Gfn'ral.

Ai'Ulifiil AiijutuHt Omeral. • f

^ •

HEAD-QUAHTERS DEPARTMENT OF THE MLSSOUHI, Four LKAVKNWOHTII, KANSAS, July 2Htli, 18(i().

GENERAL ORDERS No. (i!).

Jk'furo a General Court Martial, wliich convened at Jefferson Barracks, Mo, Juiie20lli, ISGt;, |:ursuantto Sjiccial Oiders No. Ml, Par. 1, C. S f'uan these Head quarters, and of vvliich Jivt. Urijj;. Gi neral Pitcairn Morrison, Col. U. S. Army, is President, were an-ai^^ned and tried : 1 (Jeo A. Nitbrtli, Corporal of Light Battery C, Hd U. S. Artillery, on the followinfr Charges and Specifications :

ClIAKGK I.- Sestlcrt of ihily lo the pifji(<li(r iif g.od onlrr (iiid military ili^cipllut:.

,'^'t)fti/if<(tioii :—U\ (his, th.-it he. (Jcotgo A. NilVirlh. Corporal of Light IJnttciy C, :MU.vS. Artillt'iy, iiiiviiiK boon placed in ehargu of ii fe'u.'ird, jind one i)ri<onor, J. H iliight'.-, Sc'vifi.'iint of s;iino I5.ittery, did iR-Kli.^'jntly. iuul caridossly permit said pris

iiier to iiiiik'j his esenp3.

This at Jeff'crxm Barr;!el<s, ^^o.. on or about the !^ilst day of March,

isci:. CllAUiJK ir.-- ''(iiiditrt In the i^rijadicc o/fjindorl.r ti.i I military d'lsdp'lue.

.*-'l)"cifimiiiiii: fn thi-, iha( he. (icorgj A. Niforth. Corporal of Light Battery C, .')! U. ?!. Artillciy, Iiaving in his eliargj, one J. II. Hughes. Sergeant of the same IJalioiy. as a p-.i;;oner. did permit said Hughes to have access to the Clothing Ac- tount-Book, of the Uattery, and alter or make false entiiesinthe same, and in C()n<ick'rati(in of an jilteration of liis. (the said Niforth's) elothinc account, made ill liis preseiioe by said IIIIKIICS in hi-: favor to the amount of ten dollars. (!?10 permit snid Hughes lo escape.

Thi.s at Jpffer.son Barracks, Mo., on or ahout the !>lst day of .Nfarch, 1HC>(>

To all of which Chaiges and .''peeifications the prisoner pleaded 'Wot t!viliy.''

FINDING.

The Court hsivlng maturely eon.sidered the evidence adduced, finds tli •

prisoner a.s follows ;

Of the Specification to (he 1st Ciiargv^ " Guilly " Of the 1st Charge "Omity."

Of the .Spe<;ificatioii to (he 2d Charge "Guilty." I'.xeept the woid-; ".'ind in consiileration of an alteration of his (the said Ni- forth's) Clothing ai'COAiut. made in his presence by the .*aid Hughes in his fa- v(irto the ainioinl often dollars. ($101 permit his escapa.''

Of the 2d Charre •'Giiilii,:'

SENTENCE.

Anri the Court does therefore sentence; him. Corporal George A. Ni- fiirth. of Light Battery'", Hd U. S. Artillery," 'J'o I)e reduced to the ranks, and to forfeit fifteeti dollars {$\'>) of his ]iay y)r. month, for six mouths.''

Finding and sentence .confirmed. The stopj)age of pay will be made liy the proper o(iic(^r.

The reiniiinder of the sentence will be executed by the Commanding Officer of Co. C, ;{d I'. S. Artillery.

At

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The prisoner will be released from arrest and returned to dut)'.

II William H. Stickle, Private of Light Battery C, 3d U. S. Artilleryi

on the following Charge and Specification :

CHARG':—Sli'ipliig on Tpust. Sppcijiciiliini.—In this, that he, Williiim H, Stickle, aPrivnte of Light Battery

C, 3d U. S. Artillery, did after he was duly posted as a Sentinel in the stable of fiight Battery C, 3d U. S. Artilleiy, fall afletp en liii- post.

This at Jefl^'erson Barracks, Mo., between the hours of one and two o'-

clock A. M., on the morning of June 8d, 18(50. To whieh the prisoner pleaded "Gid/ty."

FINDING. The Court having maturely considered the case, confirms the plea of

the prisoner, and finds h-m as follows : Of the Speeifitation " fiuiltjj." Of the Chaige "O'uUty-''

SENTENCE. And the Court does therefore sentence him, William H. Stickle, Pri-

vate of Light Battery C, Hd U. S. Artillery, to forfeit ten dollars ($10)

of his monthly ])ay lor four months.

Finding and Sentence confiimcd. The stopjage of pay will be made

by the proper officer.

The jrisoner will be released from arrest and returned to duty.

Ill Henry Lester, Private (f Light Battery C, 3d U. S. Artillery, on

the I'ollowing Cliarge at d S] ecification : C H A BO R—Neplect of (Inly.

Sv<ifi><i'wn:—ln this, that he, ITi my Lester, a I'livate of Light Battery C. 3d tr. S Artilleiy. while a S<n;inel in cliaipe of piiscners at woik did thioiiph gross carelessness and nigligence, peimit one prisoner. Private Stone, 10th Inlantiy, to escape.

This at Jefl'erson Banacks, Mo., on the 13th day of June, IBfiG. To which the piisoner pleaded "Not Guilty."

FINDING. The Court having maturely considered the evidi^nce adduced, finds the

[prisoner as follows : Of the Specif cation "G'lilly"

exc( p' tlie words "Mnough gross earclcs.-ness." Of the Chaig '■Gviliy."

SENTENCE. And the Crairt does llercfoie sfntrrce him, H< nry Lester, Private ol

Lipht Battery C, 3d U. S. Artillery, to forfeit fifteen dollars (fl5) of his

monthly jay for two months.

r~ii;dirg and Sentence ccrfimtd. Ihe stoppage of pay will be made


The prisoner will be released from arrest and returned to duty.

IV Tiw'd Hall, Priv.-^te of Co. E, Battalion of Engineers, on the fol-

owing Charges and Specifications : CHARGE l. — TJufi.

[3]

Speeificitiio)i:—ln this, that he. David Hall. Private of Cnmpnny E, Battalion of Engineers, did steal from Private Frederick Smith, Company E, Battalion of Engineers, and did appropiiato to his own use, one flannel blouse, of the value of (14.00) four dollars.

All this at Jefferson Barracks Mo., (En;;incer Depot,) on or about the

26th day of May, 1866. (HAROF, H.— t'eH^rfiiiii.

')i (f Spieifirntinrt.—ln this, that he. the said David Hall. Private Cornpiiny E, Battal- I ionof Engineers, a regular enlisted Soldier, in the service of the United States,

(lid desert the same on or about the 26th day of May, 18CB, and did remain absent until apprehended in Carondelet, Mo., on same day, and brought back.

'Ihis \'X Jeiicr.son i3arraeks, Mo., on or about the 2('ith dav of May.

1866. To all of which Charges and Specifications, the prisoner pleaded "A'<>< Guihy."

FiNDINti

The Court having maturely considered the evidence adduced, finds the

prisoner as foilow.s : Of the Specification to the 1st Chaige "Guilly.'' Of the Istt'hiirgc "tiuil'u..' Of the Specification to the 2d Charge "i\o< (iuiliy.'' Of the 2d Charge "Not Uuilty.'

SENTENCE ,\nd the Court does therefore seiitenco him. I'tivid Hall, Private Co.

E, tJalialuni of Engii.cers. "To be confined .".t hard labor with ball and

tlijiiu for six months,at Fort .h'fferson, Florida, and to forfeit eight dol.

lar.s, (.'?H) ot'his inonthlv jiay for six months.

finding and Sentence confirmed. In compli:!nce with instructions

Irum the War Departini'iit. so much of the sentence as relates to the

wearing of the liull and chain is remitted. The stoppage of pay will be

made hy the pr<)[>cr olHeer.

In compliance with instructiotis from the Adjutant General of the

.^rmy, the ju'isonei- will lie sent under a siiitaiile guard via New Orleans

lo Fort .Jefl'erson, Florida.

V .Averv K. Jiobinson, Artificer, of Co. K, Battalion of Engineers, on

the following Ciuirge and Spei.Mfications :

C'H '\{(iY.— Forgiry. Speciticdliim /.• —fti this, th.il lie, the .said Avery K. Ifoliinson. Artificer, of (.,"0. E,

Battalion of Plnginecis, did sign the name of Sergeant Woodworth, to an order on the,Sutler's store for ten glasses of beer.

Tliis at the Engineer Depot, at Jefferson Bairacks. .Mo., on or about

tlip eviMiing of July 8d, lS66. ^'vilfic'iiioii //.— In this, that h<', the said .V very R Ilobin.son, Artificer, of Co

E, Batt.ilion of Engineers, having signed the name of Sergeant Woodworth, to an '"■liiTi'n the Suller for ten glasses of beer, did present said order at the Sutler's. Mil on being informed thnt the signature was not that of Seigeant Woodworth. li'ii insist that it was. and that he had received thesaine from Sergeant Woodworth.

All this at Jefferson Barracks, .\ro., on (^r about the evening of July

;W, ISGC.

r' i„.

[4]

To which the prisoner plcmlcd "Not Gniliy." FIXDINd.

The Court havinjr ninturely considerKl the evidenee adduced, finds the

[)risoner as follows : Of the lit Specification " Gui/tn " Of the 2(1 Specification "Uviliy"

cxeei)t the words. Mid insist that it was, and that he had received the same from Scigennt Woodworth.'"

Of the Charge "Giiiliy." SENTENCE.

Ami the Court does ihereforo sentence him, A very H. Robir.sou, Arti-

ficer of C(j. E, Br-ttalion of Engineers, To be confined at hard labor for

six months at Fort Jefferson, Florida, and to forfeit all pay for the same

period.

Finding and sentence confirmed. The stoi)[)af>;e of |>ay will be made


In compliance with instructions from the Adjutant (Jeneral of the

.Army, the prisoner will be sent under a suitable guard via New Orleans^

to Fort Jefl'erson, Fhu-'.da.

VI Oriin Ohiey, I'rlvate Co. E, Battalion of Engineers, U. S. A., on

the following Charge and Specifications : CHAROK—' 'oiuliict ti> llic pi-HJadlce nf {I>i> I '>r<li'r anJ mi'it'try dlscip'iiie.

Sp'iljii(ii(<»i /.--In lliis, that lie, ihe said Oiiin Olney, of Co. E, Battalion of Eiipiiiecis, did ab.-i nt hiniscll iiini C(/n.piitiy diill belwetii tlic houis oi'J A. M., and 11 A. M., and fiom faligue duly, between the hours of 1 P. M,, and 3 P. iM., on the 7)l«'i ofxiihueiH. and did lull lo get excused fioni the same, liy tlie l*os;-SuigeoD at Jefterson Barracks. Mo., on the 27lli day of May, 1800.

Smcijicdtioii II:—In lliis, that he, the said Oriin Olney, of Co. E, Engineers- iiaviijg piesented a pass to his Company C(;mmander for permission tovisitSt. bouis, Mo., and Laving been ini'(,imed by liis Commanding officer, that the said pass was relustd him on account of his stating that he was sick, the previous day, did absent himself fiom his quarters and Cinipnny, about ten A. M., May28lh, IFOO, and did visit the Ci(y of St Louis, Mo., and did remain absent until 5 P. M. Mi'y 28ih, 18('6. in utter disrigiird to the refusal of his Commanding Officer, to allow said piivilcge.

All this at Jefferson Barracks. Mo., Engineer Dejjot. on or about the

28th day of May, 1866. To all of which Chaige and Specifications the prisoner pleaded " (luilW-'

FINDINtJ. The Court having maturely considere cu-ir. ciuirunis the plea

of the ])risoner, and finds hiin as follows : Of the 1st Specification "GuHW-" Of the 2d Specification " Cliiil'V ' Of the Chaige "GuiUu- '

SENTENCE. And the Court does therefore sentence him, I'rlvate Orrin Obicy, of

Co. E, Battalion of Engineers, '' Ih f>ried ten lidiirs nf ln.s mnidhJij p'XjJ^'

one. thotd/i."

Finding and .Scntenci; confirmed. Tln^ stoi)p!ige f>f pay will be made

t t

« «

[5]


The prisoner will be released from arrest ;uid retunuMl to dutv.

V'll George Thayer, Private Co. E, Buttalion of Fn^rinccrs on tii

following Charge and Specification : CHA RfiK— Peaertion.

Vp rijif'itioti:—In this, t'lat he, the said Private (Joorgo Tliayer. Co. K. Knt'incei • a regiihir enlisted Soldier, in the service of the United States, did desert the same, i or about the 26th day of May, 18C6, and did remain absent until upp-elimided. :t Carondelet, Mo., on same day, and brought bairk.

This at Jefferson Barracks, Mo.

To which the prisoner pleaded " \iii (luiiin. FINDINd.

The Cotirt having maturely considered the evidriice addu.r.'d. finds ili

prisoner as follows : or the Specification "Xnt O'ni/iu " Of tlieCliarge ' Aot (jui'li'." And the Court does tiierefore acquit him. Finding and iicqiiittal con

firmed.

The prisoner will be released from arrest, and rcl.irncd to duty.

VJir Mathew Conroy, Private of Co. E, Battalion of lM);:iM(_-erK,

fj. S. A., on the following Charge and Specifications : CH.A KOE— ('oiidinJ to ihi: pi-'dildlce of pood ni-(li;r and m•lUnrii d'l <i:lp'lii ■'." Spilifii-iition I:—In this, that he, the said Private M;itlie\v Conroy, a inviii

l)er of the guard of Co. E, Battalion of Engineers, having been ordered by Corpjr.il Jauus D. Shearer, Corporal of the guard, to ehangj from one post to another, in aceoidance with the 3S8th Par. Army Regulations, did reply to said Corporal Shearer, as follows : "I'M be d—d if I change post, 1 have juU tlie post I want. und you must not think 1 am a d—d fool, I do as I please about changing p.ists." ')!• words to that ctfeet.

Siieiijiciition //.—In this, that he, the s.aid Pvt. Mathew Conroy, a member of tli' Kuard of Co. E, Battalion of Engineers, having refused to obey an order of Coipi; ral James D. Shearer, junior Corporal of the guard, was informed by Corporal (Jui- tav A. Lichtenbeig, senior Coiporal of the guard, that the order was given by hiii diiection, and that he would at once ehang;.' his post, No. 4 of the "J 1 Relief, to N(' 3(ifthe 3J Releif, to which Private Conroy, replied as follows . "You have n' business to put men as you like, and I will be d—d if I'll g i. You must not think yiju can do as you like wi;h me because I am an Irishman," or words to that effect.

All this at the Engineer Depot, Jefferson Barracks, M;)., (jii or ali.uc

the 4th day of June, IStiC. To which the prisoner pleaded 'Xol (Jmliy.

FIiNDINtJ. The Court having maturely coiisideicd the evidence adduced, finds r'l;

Ifisotier as follows : Of the 1st Specilication ' '/ntH;!.'

except the words "Corporal James D. Sliearor." an 1 "She:iie.." Of the 2d Specification "O'ni'n/ "

except the words "Coiporal James 1). Shea:er, junior, an 1 ihiL the or f-:- w.i given by his direction."

OftheChaigo " O'lii/ri/.' SENTENCE.

And the Cinirt docs t!ieref()re senteuee him. Private .Mathcu- Cot ro\

III

[6]

ot'f'o. E, Battalion of Engineers, "To be coajined at hard labor, under tin clmiuo of the (Tiiard at the Engineer Depot, at Jefferson Bairacks, Mo. for I lie pei-iod of three months.'

Kiiidinj; and Sentence confirmed. The sentence will be carried into 'Ifccr under the direction of the ("ommanding officer of Co. E, Battalion of Engineers, at Jefferson Barracks, Mo.

file Court of which Bvt. Brig. General Pitcairn Morrison, Col. U. S. .\rmy, is President, is hereby dissolved.

Hy r-ominanif of MA.IOK (^KNKK.\I, POPK.

,UIHN P. t^HERBURNE. Anintant Adjutant General.

tieutral.

I«

HEADQUARTERS DEPARTMENT OF TflE MISSOURI, FORT LKAVKNWORTH. KANSAS, August 8th, 1800.

GENERA^. ORDEIJS. / No. 71. j

Heforc ,1 Genoral Court Martial which convened at Jefferson Barâck^.

Mi.ssouri, pursuant lo Special Orders No. III, par. 1, C. S. from these

Headijuartors, and of which Hvt Brig. General Pitcairn Morrison, Col

[I. S. A., is Pre-iidcnt, wore arraigned and tried :

1 James Roach, Private of Light Battery C. 3d U. S. Artillery. I'HAKOE.— Dinohe'iieniê o/ordem.

Spielficalioii.-'-lw tills, that ho. .Jame.s R'juoh, Private of Light Hiittery 0, 3d I .s. Artillery, hiuliig been ordered by Lance Corporal Emerson 1). Babeock, (t Light Battery 0, 3d U. S. Artillery, to <MU wood, (he beingon police duty) did po.-i lively refuse to obey said order. sayiiiK. "I have a:) right to cut wood, Jind I worn (io it." or word.-4 to that effect

Thi,-; at .feffcr.-ion Barracks. Missouri, on or ahoiii the 9th dav of .lul\

To which Charge and Specification, llic pri.-ioncr pleailed "Not Giiiltv.' The Court having iniiturely coii<idcicd the evidence adduced, find.s the pri.'soni i

:i.-: follow.-i : Of the Specification "Guilty.' itflhe Charge " (Juitty.'

SENTKNCPJ. And the Court does therefore sentence him, James Roach, I'rivatf

Light Battery C. ;id U. S. Artillery, to forfeit fifteen, (."515) dollars of hi,<

monthly [)ay for otie month. Finding and sentence confirmed. The

stoppage of pay will he made by the proper officer. The prisoner will lie

rolea-sed from arrest and r turned to duty. II William F. Flynn, Sergeant Light Mattery C, M U. S. Artillery.

CflAKOK.—" Conduct to the prejiidire of pood order iitid military iliscipliiic" Spfcificat!oii:—luth\<. that he Williiini I'\ Flynn. Sergeant Light Batteiy C. 3d

U. S. Artillery, did in the stable of saiif B.ittery. throw stones at. and strike a pub- lie horse usually lidden by Bvt. Major .lanies R. Kelly. Lst Lieut. 3J U. S. Ar- lillery, and did at the same time remark. "God damn the horse, and (Jod damn his rider, (meaning the aforesaid Uvt. Mii.ior James R. Kellyi "tho horse is no account, nor his rider either," or words of like import.

This at Jefferson Barracks. Missouri, on or alxjiit thi- 10th davof Julv. isdi;.

To which Charge ;tnd Speeilieation the prisoner pleaded "Not Guilty." The Court having uiatiircly (considered the evidence adduced, finds tlie prisoner

iis follows : Ot' the Specification "Guilty. '

except the words "jind strike^ a public horse." and "'(iod." '•t' flic (.'harge " Gitiltj/.'-

SENTEXCE. And the Court does therefore sentenee him, William F. Flynn, ."êrgeaiii

l-i;rl)t Batterv '.'. '.k\ U. S. Artillery, to h^ reduced to the ranks, and to

li'rfoi't ten (.f!10) dollars of his monthly pay for three months. Finding

iind .sentence confirmed •S(j much of thesenfence as reduces the prisoner

l!l

[2]

to the ranks will be executed bv the CoinmrindinT oSficior Lij;;lit Biittery

C, 3d U. S. Artillery. Tlit! stoppage of pay will be m ide by the proper

officer. 'J'lie prisoner will be released from arrest and returned to duty.

Ill Charles Flynn, i'rivate Li<rlit Battery C, Hd U. S. Artillery. CHA[IQK—T he''l.

Sptvlji,ati<m:—ln this, that he, Charles Flynn. Lig'it Batteiy C. 31 U. S. Ar- tilleiy dill feloniously stenl. tnke and cany awiiy, one ill p;iii' of boots, the property of Michael M tKinzie. I.isht Batteiy C. 31 U. S. Artilleiy. of the value of ten (10) dollars, with inient to appropiiate the same to his own use and benefit.

This at Jefferson Barracks, Missouri, on or about the llith day of June,

ISC)!;.

To which Charge and Specification the accused pleaded "Not Guilty." FINDING.

The Court having maturely eonjideiel the evidence adduced, finds the prisoner as follows :

Of the Specification "Not Giiiliy." or the Chaig.- " .^ ot (niilly."

\i)d the Court (hies therclbre acquit him, Charles Flynn, Private Light

Battery C, Hd U. S. Artillery. Finding and acquittal confirmed. The

prisoner will !)o released from arrest and retu ned to duty.

IV lohii H. McDonnell, Private Company E, Engineer Battalion,

U. S. Army.

CHARGE—"DiialKpinp the hnrful cotiininwl ofhin xiipeiiorofficer .' Specifiiaiioii.—In i'. is that he. Jchn H. MtDonntll. Pi ivate Company E. Engi-

neer Battalion. U. S. Aimy. having been eoniuianded by liis superior officer to leave a room in the Engineer buihliiigs at Jefferson Banacks, Missouii.on orabout the 9th day of June. 1866, did positively and willfully disobey said lawful command, by reluming twice to said room after having been ordered and ejected therefrom.

To whiuli Cha.go and Spacilication the prisoner pleaded "Not Gnilly."

FINDING. The Court having maturely considered the evidence adduced, finds the prisoner

as follows : Ot the Specification " (•'nilty." Of theChaige "Guilty."

SENTENCE. And the Court does therefore sentence him, John H. McDonnell, Pri-

vate Company E, Engineer Battalion, U. S. Army, to be confined at

hard labor under charge of the guard at the Engineer Depot, Jefferson

Barracks, Mlscouri, for three (:]) months, and to forfeit ten ($10) dollars

per month of his monthly ])ay, for the same period.

Finding and sentence confirmed. The stoppage of pay will be made

by the pro])er officer. The sentence of confinement will be carried into

effect under the direction of the Commanding Oificer of the Engineer

Depot ut Jefferson Barracks, Missouri.

V John Williams, Private of Light Battery C, 3d U. S. Artillery.

CHARGK I--"Absoice wilhoul leave."

14

[3]

Spccificoiion:—Jn this, that he, Joliii Willinin-!. Piivjilo Iîghi H;i; ti'iy C, 31 U. S. Artillery, did absent hitnself I'nim lii.- C'oiiipiiny and quarters. tVoiii T.iitdo ol the 8th of July, 18()(i, until Reville of the U.h of .July, 1866

This at Jefforsoii Bari-acks, .Missouri, on or about tlio timo above

specified. CHARGK II.— f^nndiwj, to the vn-jwllre of nondonhr uiid mi/i'itry diii<!pli„c.

Speclfir(ttif>ii:—Jn thi.-^, that ho, .John "'illiain.s. Private LIKIII IJatteiy C. 3 1 U. iS Artillery, while a pri.soner in eharse of the :'table guanl, did coiiduet himself in a

|i^ I disorderly manner, and did use abu-îve language toward 1st Ser^'aant .J(din II Mc Manus, of Light Battery C, 3 1 U. S. Artillery, ho being at the time in the e.veeu- tion of his office.

Tiiis at or near .Jefferson Barracks, Missouri, on m- abuiif i!if I'ltl) day

of July i8(;(;. To which Charges and Speeifiealions the |)ii.'ônor pleaded a> tnllows : To the Specifieation of the 1st Charge " Gni/iy." Tn the l.<t Charge " Ouihy." To the Speeitieation of the 2 1 (.'h.irge "Not Gniltu." To the 2d Charge "Sot CiUty."

KIM)IX<;. Of the Specification to the 1st (Iliarge " Giiilly." To the 1st Charge "0'iii/i„." Of the Specification to the 2d Charge... ' (Inil'v " Otthe 2d Charge "(Jiiillii:'

SENTRXCK. And tlu! Court does (herefoi-e sentener' liim. .lolin Williams. I'livati' of

Light Battery C, Hd U. -S. Artill(>ry, to be confined .at !iar(l iabn;- nndei'

char<re of the gnaid, for one inontii. and to forfiMi fifteen (I.", i d.ilhir.- of

his monthly p.ay for the same period.

Finding tmd .sentence confirmed. ')"hc stoppage ofpav will be made

by the projier officer. The sentenci' of confinenienf will be e.veonti d nn-

der the direction of the ^'oinmand.Mg officer at .Icffers.n iJarrack.s

Missouri.

Before a General Couit Maitijil which conMiKd at I'ort Jv;i\(n-

worth, Kansas, pursuant to Special Orders .No. Kid, I'ar. 1, <'. .*>.. from

these Hcadqnarter.s. and of wh'ch Captain ntid Hv Lieut. Colnnc 1 Lew's

Merrill, 2d U. S Cavalry, i.s Pr(>s:dent. were arraigned ami fritd:

I .James Murphv, Private of Company G .''d L'. S. [nf;,i try

CHAUGK.—" DriiiikaiiKXK o» duly" Specificatio7i.~Jn this, that he. Janus jMuieby. l')i\a;(C'( ni|.!Uiy (J. 3d I'. .'-: Ii,

fantry, being a member of the gtiaid mounted .it Fort Leavi nwoiili, Kansas, .Juno 13lh. 1860, did become so drunk »■< to be uniible to pcifoim the duiies of a s( nlinel.

This at Fort Leavenwoith, Kan.-iis. en ni' aliet.l (he date i:bovc sptoificd. To which Charge and Specificalicn the ptisi ne; pi. aded ".\ol G'li/'ii.''

TheCourt having maJui-elyccin-ilsc I the « vid.n ■ ■ a;l lueed. finl-lhcp i-( iier as follows :

Of the Specification ' t'ni/tii." (Ji the Charge " Gin'/iii. '

[-1]

SENTENCE. And the Court does therefore sentence him, Private James Murphy, of

• 'ompany G, 8d U. S. Infantry, to be confined in charge of the guard for the period of three months, from the promulgation of this sentence, and to be kept breaking stone, from Reville until Retreat each day, while so confined, except Sundays, allowing one hour at noon each day tor meals.

Finding and sentence confirmed. The sentence will be carried into (effect at Fort Leavenworth, Kansas, under the direction of the f'ommaiid- 'ng officer of that post.

It John Corcoran, Private Company G, 8d U. S. Infantry. CHARGE.—" Drwikmiiii'SK on puirl."

Specifir<tti<>it:—In this, that he, John Corcoran, Private of Company G, 3(1 U. S. Infantry, being a member of the guard, and having been duly posted as a sentinel, 'lid become so drunlt as to be unable to porform his duty properly.

This at Fort Leavenworth, Kan,>-as, on or about the evening of th(> 27tli day of July, 18(i(;,

To which Charge and Specification the prisoner pleaded "Kot Gttihy." The Court huving maturely considered the evidence adduced, finds the prisoner

.IS follows: Of the Specification "Not (hdfty." Of the Charge "Not Guilty." And the Court does^therefore acquit him. Finding and acquittal coii-

tirmed. The firisoner will be released trom airest and returned lo duty

III lohn Golden, Private of Company G, Hd U. S. Infantry. CHARUK.—" Drunk' ifHH on dtUu."

Specification.—In this, that he, John (joMen. Private Company G, 3d U. S. In- tiintry, being a member of the guard, mounted at Fort Leavenworth, Kansas, •June I3th, 1866, and Having been duly posted as a sentinel, did become so drunk as to be unable to perform his duty piopjrly.

This at Fort Leavenworth, Kansas, on or about the date above speci tied.

To which Charge and Specification the prisoner pleaded "Not Guilty. The Court having maturely considered the evidence adduced, finds the prisonci'

;\s follows : (Jf the Specification "Guilty" Of the Charge "Guilty."

SENTENCE. .\nd (he Court does therefore sentence him, .lohn Golden, Private ot

Company G, Hd U. S. Infantry, to be confined in charge of the guard tor the period of three months, from the promulgation of this sentence, atui to be kept breaking stone from Reville to Retreat each day, while so confined, except Sundays, allowing one hour at noon each day tor Mieal.s.

Finding and sentence confirmed. The sentence will be carried mto otfeet at Fort Leavenworth, Kansas, under the direction of tlie Com-

Mnmding officer of that post

[•■>]

IV James Kyun. Priv.iti' of (j(in)|jaiiy (I. od L'. S. liitiiniiv.

CHAROK.—"A^*'/;/''^' iif dntu i" tlv: iirrjuJici; of u,x>ii ord< r miil inililnni iliiiitir,,,, , Specification: —\n'Mnr. tliiil he. Jmiics Ryan, Private Coinpaiij (i.;jil l. S. In

liintiy, having l)een regularly ilftailuil for guard duty, and duly plai-iMl in diiiiL

nttvvoprisoner.-i, (Private .'^eith and Anderson, of sanii' ('oiiijiany and i{c;.'iiMi'ii;. (lidcarelessly and negligently pi-rinil said prisoner:- to make tlieir e-cap.'

This at Fort l.cavijiwnitli. Kansas, on or aliout llif Sth dav of lini

IStiC,

Til wliicli ('liaijr<- .-oid Spccitical inn tliu prisoner pleaded " Snl dn'ithi.'

1 rNUlNU. The Court havinn inatiirel>-emisidered the evidenee iiddMced. tiud.~ the |iri-i.n

,1- follows : Of the Speeiliuation "Sol (liiil:!..

Of the Charge "Xnt O'liili.''

And th<' ('curt does tlierofon- ut-quit him. Findinguiidiie([iiittnl (;i)ii

liiiued. I'liu prisoiuii' will \)<- released from arrest and return<Ml to (liii\

Hy roimimiid ot .Vt i.ini; (iKNKltxl, I'oi'i:. .loii.N I", SUEKHLKM:.

Aa»iif<tt)t Adiiitiinl Hiin'ml.

Anitl'iiil Adjuliiiil (iriui'i/.

I)

>

-If-

"'^

HKADQL'ARTERS DEPARTMENT OE THE MISSOURI, f EoRT LKAVKXWORTH, KANSAS. AiigiifJt 20, 18(!(). [

GENERAL ORDERS,

No^ 72.

1 Befoio a (icneral Court Martial, wliicli coiivciiod at .h-ficrrioti Har-

rack.s, Mo., June 20th, I860, pursuant to Spei-ial Orders, No. J41, Par. 1.

C. S., from llu'^i^ Headquarters, and of wliicli Bvt. Brig. (lonerul I'il-

cairii Morrison. L'olonel V. S. A., i.s Prcsidc^if, wvvv arraigned find tried:

I Micliael l.yncl). Private of Light Hatterv (,'. Hd V. S. Artilh'rv, on

the following eliarg(\s and specifications : CHARGE Isl.— /irinihetnienH im puanl. SvecifictUiini:- In this, (hat lie. Mifhiiel J..viich, Piiviitc of Light HattoiyC, 'M V.

8. .\rtillery, did, wliilc a member of the stablf Kiuird, of tin- ;il)(ive naiiiecl IJiittri .\. (jet so drunk as to bo iin.ible to perform an.v duty.

This at .leffiM'son Bai-racks, .Missouri, on the 27th day of June, XXW'^

('H.\K(;K 'li\.--(\»iiliiit in the prejiulici- nf finod order <in<l military discipliin:. Sji cijiriiiinii: '\n this, that he, Michael Lyiioli, Private of Light liatteiy C. ;!d

I . S. Arlillery, while a prisoner under charge of the stal)le guard, (iid stril<e .Jo- •epli Bilker, a Private of Ligiit Battery C, ;id U. >S. Artillery, he being a member "f the stable guard, and a sentinel in the execution of his duly.

This al or near JetlV'rsoii Barracks. Missouri, (jii or aliout the JOlh dav

(if July, IHtit;.

To nil of whii'h charge^ and sp.cilicalions the prisoner |>leaded "Xnf O'lii/lj/.'' FINDING.

The Court having nnitnrely considered the evidence adduced, finds the pii<oncr as follows :

Of the Specification to the 1st Charge " (fuilly." Of the 1st Charge "Giiiltn." Of the Specification to the 2d Charge '\\'<il Gnilli/." Of the 2d Charge 'WOi Guilly "

SENTENCK. And the ("oiirt doe.s therefore sentence hitn, .Michael IvViich, Private of

I'ight Battery f, ;W U. S. Artillery, to be confined at hard lalioi- under

'liiu'^'c of the guard for the period of two months.

Finding and sentence confirmed. The sentence will be e.xecnted iin-

'h'r the directiori of the Commanding officer at Jefferson Barracks. Mis'

siiiiri.

'I Thomas Smith, Private of Light Biitt^-ry C, 3d U. S. Aitillery. on

ihe following charge and sjiecification :

CHARGE—A'<-(7/<'ff i,f duly.

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Specificalion:—\n this, that he, Thomas Smith, Private of Battery C, 3cl U. S. Artillery, a duly enlisted soldier in the service of the United States, having been placed as a guard over an insane soldier, did through negligence permit said soldier to escape, and did fail to report the same to proper authority, until more than throe hours after said escape.

All this at Jpft'erson Barracks, Missouri, on or about the Oth day of

July, 1866. To which the prisoner pleaded "Not Gnitty.''


.is follows : Of the Specification "Ao* Guilty." Of the Charge • ■ " NotJ' Gnilty.'' And the Court does therefore acquit him Findinj^ and acquittal con-

firmed. The prisoner will be released from arrest and returned to duty.

IJ Before a General Court Martial, convened at Fort Leavenworth.

K.'insas, July 19th, 1866, pursuant to Special Orders 166, Par. 1, C, S..

from these Headquarters, and of which Captain and Bvt. Lieut. Colonel

L. Merrill, 2d U. S. Cavalry, is President, were arraigned and tried :

I Edward Bourke, Private of Company G, .Sd U. S. Infantry, on the

lollowing charges and specifications : CHARGK ^ s,i.— ]>iaiikeime»a on gmird. '<pecijitrtti(tu.—In this, that he, Edward Bourke, Private of Company G, .3d U. S.

hifantiy, while a member of the guard, mounted at Fort Leavenworth, Kansn.s, on the 26th day of May, 1866, did become so drunk as to be unable to perform his iluty properly.

This at Fort Leavenworth, Kansas, on or about the 26th dav of May,

1866.

CHARGK '2i].--.Leaving Ins gmird without authority or urgent necessity. SpeiiAcdtiou:—In this, that he, Edward Bourke, Private of Company G, 3d U. S.

Infantry, did leave bis guard without proper authority, or urgent necessity, at or aliout 4 o'clock P. M., and did not return to it until ordered back to it by Sergeant lames C. Fisher, Company G, 3d Infantry, Sergeant of the guard, at or about 7 o'<;lock P. M.

This at Fort Leavenworth, Kansas, on or about the 26th day ol May,

1866. CHARGK 3d,—Striki)ip his superior non-commissioned officer.

Specijiciiiion:—In this, that he, Edward Bourke, Private of Company G, 3d U, S. Infantry, did resist, and strike with his fist and attempt to run through with a Ijjiyonet, Seigeant James C. Fisher, Company G. .3d U. S. Infantry, Sergeant of the guard, while ho (Sergeant Fisher,) was attempting to put the said Private Ed- ward Bourke in the prison room.

This at Fort Leavenworth. Kansas, on or aljout the 2r-tli day of May,

To :ill of which Chaiges and Si>ecifieations the prisoner pleaded "Xot Guilty.

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FINDING. The Court having inaUiiely considered the evidence adduced, finds the prisoner

as follows : Of the Spectiication to the 1st Charge " Gui'iii." Of the 1st Charge " Uuilty." Of the Specification to the 2d Charge "Not GidUv." Of the 2d Charge "Not GuUty:' Of the Specification to the 3d Charge "Guilty " Of the 3d Charge "GuUti/."

SENTENCE. And the Court does therefore sentence him, Edward Hourke, Private

of Company G, 3d U. S. Infantry, to he confined at hard labor, breaking

stones, from Reveille to Retreat each day. except Sundays, and allowing

one hour each day for dinner, for six calendar months, and to forfeit to

the United .States five dollars ($j) of his ])ay i)er month for six months.

Finding and sentence confirmed. The stoppage of pay will be made

by the proiier officer. The sentence of confinement will be excnted un-

der the direction of the Commanding officer at Fort Leavenworth,

Kansas.

11 George L. (Jreene, Private of Company K, 'Ad U. S. Infantry, on

the following charge and specification : CHARIJK.— Xi'olevt of duty to the prrjitdive uf a •oil onhr mid mUittiry diwipHiin.

Specificaiioii:--ln this, that he. tJeorge L (ireene. Private of Company K, 3d U. S Infantry, being a member of the main guard and duly placed in charge of certain prisoner.', did negligently and carelessly allow one of said prisoners (viz : one Schmollinger a deserter,) to escape from his custody and get away.

All this at or near Fort Leavenworth, Kansas, on or about the 27th

day of June, 1866. To which the prisoner picacled " GiiUty."

FINDING. The Court having maturely considered the case confirms the plea of the prisoner

Hnd finds him as follows : Of the Specification " Guilty. " Of the 1st Charge "Guiliy'

SENTENCE. And the (."ourt does therefore sentence him, (Jeorge L. Greene, Pri

vate of Comj)anv K, ^M C. S. Infantry, to be confined in charge of the

guard at hard labor breaking stoms. from Reveille till Retreat, allowing

one hour at noon each day for dinner, daily excei)t Siincl:ys. for four

months, and to forfeit to the United .States two dollars ($2) ptir. month

"t'his month!V pay for four inontli.s.

Finding and sentence confirmed. Th<! stop|)age of pay will he made

by the proper officer. The sentence of confinement will be carried into

pffect under the direction of the Commanding officer at Fort Leavenworth,

Kansas.

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III W. Honrv James Sheridan, Private of Company (1, 3d U. S. In-

fantrv, on the following charges and specifications : CH,<RGE 1st.— Dnmkcitness on fluty. Specificdtion.—In this, that he, AV. Henry Jiiines Sheridan, Private of Company

(i, .3d U. S. Infantry, did while on Parade and Review on the 4th day'of .July, 186ti. l)eeome so drunk, as (o be unable to stand or march in ranks.

Thi.s at Fort Leavenworth, Kansas. CHARGK 2d.— Cimduct to the prejudice of good order and mil'ttaru discipline.

Svecificotion:—In this, that he, W. Henry James Sheridan, Private of Company (i, 3d U. S. Infantry, having been notified on the evening of the 3d day of July. LS66. by the First Sergeant of his Company, that he was detailed for guard, for the next day, the 4th day of July, 186fi. did after such notification, become so drunk a- to be unfit to march on guard, or perform his duty as a soldier.

I'his at Fort J.eavenworth, Kansas, on or about the dates above speci-

fied.

To all of which Charges and Specifications the prisoner pleaded " Guilty.'' FINDING.

The Court having maturely considered the case, confirms the plea of the prisoner ind find.s him as follows :

Of the Specification to the 1st Charge...., " Onitty." Of the 1st Charge "GuilU/." Of the Specification to the 2d Charge "Guilty." Of the 2d Charge "Guiiy."

SENTENCE. And the Court does therefore sentence him, W. Henry James Sheridan,

I'rivatc of Company G, 3d U. S. Infantry, to I)e solitarily confined on

bread and water diet for seven days, tind to forfeit to the Liiited States

(f.")) five dollars per month of liis monthly pay for four months.

Finding and sentence confirmed. The stojipage of pay will be made

I)v the proper officer. The sentence of confinement will be executed un-

der the direction of the Commanding officer at Fort Leavenwortli.

Kansas.

IN Charles Ogden, Private of Company G, 3d L'. .^. Infantry, on the

following charges and specifications : CHAKOE 1st.—Vrunkennem on duly.

Specification.—In this, that he, Charles Ogden, Private of Company G, .3dU. S. Infantry, did while on Parade and Review on the 4th day of July, 1866, become so li link as to he unable to stand or march in ranks.

This at Fort Leavenworth. Kansas. CHAR(;K 2(i.^Conduct prejttdicial to good order and military discipline.

Specification:—In this, that he, Charles Ogden. Private of Company G, 3d U. S. Infantry, having been notified on the evening of the 3d of July, by the First Ser- want of his Company that he was detailed for guard for the next day, the 4th day of July, 1866, did after such notification beconi" so drunk as to be unfit to march III guard, or perform his duty as a soldier.

This at Fort Leavenworth. Kansas, on or about the dates above speci- H.d.

%A

To all of which Charges and Specifications the pritioner pleaded "Gidttu." FINDINC;.

The Court having maturely considered the case, confiinis the plea of the prisojier and finds him as follows ;

Of the Specification of the 1st Charge "Guilty." Of the 1st Charge " Gvi/ty." Of the Specification of the 2d Charge "Guilty." Of the 2d Charge "Guilty."

SENTENCE. And the Court does therefore sentence him, Charlps Ogden, Privat*^ of

Company G, 3d U. S. Infantry, to be solitarily confined on bread and water diet for seven days, and to forfeit to the United States ($5) five dollars per month of his monthly pay for four months.

Finding and sentence confirmed. The stoppage of pay will be made by the proper officer. The sentence of confinement will be e.xecuted tinder the direction of the Commanding officer at Fort Leavenwortli. Kansas. V John Smith, Private of Company K, ,'M C S. Infantry, on the following charge and specification :

CHAROE.—Neglect of duty as a xeittiiiel. Specificution:—In this, that he, John Smith, Private of Compan.v K, .3d U. S. In-

fantry, while a sentinel having in his charge Private Henry Holden, Company G, 3d U. S. Infantry, a prisoner, did allow the said prisoner to escape and desert the fervice of the United States, without taking proper care to prevent it.

This at Fort Leavenwortli. Kansas, on or about the 26th dav of June, 1866.

To which the prisoner pleaded "Not Guilty." FINDING.

The Court having maturely considered tlie evidence adduced, finds the prisonei as follows :

Of the Specification "Guilty " Of the Charge "Guilty."

SENTENCE. And the Court does therefore sentence him, private John Smith, com

pany K, 3d U. S, Infantry, "To break stones, in charge of the guard from reveille until retreat, each day, (except Sundays,) for four (4) months, allowing one hour at noon, each day, for dinner.

Finding and sentence confirmed. The sentence will be executed under the direction of the commanding officer at Fort Leavenworth, Kansas.

\1 WilliamJJohnson,_private of Company K, 8d U. S. Infantry, on the following charge and specification :

CHAKGK.—iarce/i;/. Svecifimtiou.—In ih\s, that he, William Johnson, a private of Company K. 3d

^- S. Infantry, did feloniously steal, take and carry away, with purpose to con- ceit to his own use, one silver watch, of the value of five dollars, or thereabouts: 'bo property of one Henry Hunter, private of the 12.5th U. S. Colored troops, and

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il'ul thereafter soil the same to one I. Q. Clary, a citizen in the employment of the Quartermaster's Department at Fort Leavenworth, Kansas, on or about the 26th (lay of June, 1866.

To which the prisoner pleaded "Not Ouilty." FINDING.

The Court having maturely considered the evidence adduced, finds the prisoner as follows :

Of the Specification "Not Ouilty." Of the Charge "Not Ouilty." And the tJourt does therefore acquit him. Finding and acquittal con-

firmed. The prisoner will be released from arrest and returned to duty.

VII John Conwray, corporal of Company G, 3d U. S. Infantry, on the I'ollowing charge and specification :

CHARGK.— Qidtt'mg his Guard icithoni mtthority or urgent necessity. Specification.—In this, that John Conway, a corporal of company G, 3d U. S. In-

f:intry. having been regularly mounted as a Corporal of the Guard at Fort Leav- enworth. Kansas, did leave said guard without authority, between the hours of 12 M. and 1 p. M., and did not return to said guard during its tour of duty.

This at Fort Leavenworth, Kansas, on or about the 14th day of July isiw;.

To which the prisoner pleaded "Guilty." FINDING.

The Court having maturely considered the testimony adduced, finds the prisoner as follows :

Of the Specification "Giiilly." <)f the Charge " Uidlty."

SENTENCE. And the Court does therefore sentence him, John Conway, corporal of

Company G, od U. S. Intantry, " To be reduced to the rank of a private sentinel ; to bo confined at hard labor, in charge of the guard, breaking stones, from reveille to retreat, each day, Sundays excepted, allowing one hour at noon for dinner, for foiir calendar months, and to forfeit to the United States seven dollars [$7] per month of his monthly pay for four months. '

Finding and sentence confirmed. Upon the unanimous recommendation of the Court, for clemency, based upon the previous good character of the prisoner, so much of the sentence as relates to confinement at hard labor for four calendar months, is remitted; the remainder of the sen. tence will be executed by the company commander. The prisoner will be released fiom arrest and returned to duty.

VIII James McCaflferty, a private of Company C, Hd U. S. Infantry, 1)11 the following charge and specification:

CHARGK.—Neglect of duty as a Sentinel. Specification. —In this, that James McCafferty. a p.ivate of Company C, 3d U. S.

Infantry, having been regularly detailed as a member of the guard, and duly

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placed in charge of two prisoners, did, carelessly and negligently, permit one ot said prisoners to escape.

This at Fort Leavenworth, Kansas, on or about tlic 20tli July, 1866. To which the prisoner pleaded "Not Guilty.''

FINDING. The Court having maturely considered the evidence adduced, finds the piisonii

as follows : Of the Specification "Not Guilty.'' Of the Charge ■'." ot Guilty." And the Court does therefore acquit him.

Finding and acquittal confirmed. The prisoner will be released from

arrest and returned to duty.

IX Henry Mantle, a private of Company G, 3d U. S. Infantry, on

the following charge and specification : CHARQE.—Desertion. Specification.—In tbis, that Henry Mantle, a private of Company G, 3d U. S. In-

fantry, a duly enlisted soldier in the service of the United States, did desert thf same, on or about the 10th day of March, 1866, and did remain absent thcrefioni until apprehended and delivered up to the commanding officer at Jefferson Bar- racks, Mo., on or about the 7th day of July, 1866.

This at St. Louis, Mo., on or about the dates above specified. To which the prisoner pleaded " Giiilly."

FINDING. The Court having maturely considered the case, confirms the plea uf the priso

iier, and finds him as follows : Of the Specification "Guilty." Of the Charge "Gidliy,"

SENTENCE. And the Court does therefore sentence him, Henry Mantle, private ot

Company G, 3d U. S. Infantry, ''To be dishonorably discharged the sei

vice of the United States; to forfeit all pay and allowances now due, or

to become due, and to be confined at hard labor in the peniti-ntiary, sit

such place as the General Commanding the Department may direct, for

the period of three [3] years."

Finding and sentence confirmed. Private Henry Mantle, of Company

G, 3d U. S. Infantry, is hereby dishonorably discharged the service of

the United States. The stoppage of pay will be made by the proper offi-

cer. The sentence of imprisonment will be carried into effect at tlx'

Missouri State Penitentiary, at JeflPerson City, Mo. The commanding

officer at Fort Leavenworth, Kansas, will cause the pri.soner lo be taken

to Jefferson City, Mo., and turned over to the warden of the State Peiir

tentiary. who, at the same time, will be furnished with a copy of liiis ui'der.

-"^ Josepii Davidson, a private of Companv G. .3d V S. Infantry, on

the following charges and specifications :

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CHARGK 1st.—Abneiic tcithnu/ leave. SpecJficotioii.—In this, that Joseph Davidson, a private of Company (T, 3d U. S.

Infantry, did absent himself from Company and Regiment without proper authority, from on or about the afternoon of the 6th, until on or about the morning of the 8th day of June, lfe!66.

This at Fort Leavenworth. Kansas, on or about the dates above specified.

CHAKGR 2d.— ConiucJ preju'lieinl to aond order and military discipline. Specification.—In this, that Joseph Davidson, private of Company G, 3d U. S.

Infantry, did, while absent without leave, declare in a letter to 1st Lieut. E. A. Belger, 3d Infantry, that he, (.Davidson) absented himself without authority, for the purpose of being confined in the guard-house, and having charges preferred against him. StaHng, also, that "he preferred to be in the guard-house to be doing duty in the company," or words to that effect.

This at Fort Leavenworth, Kansas, on or about June 6th, 186G. To which Charges and Specifications the prisoner pleaded as follows : To the Specification, of the 1st Charge " Ouilty." To the Ist Charge "Ouilty." To the Specification, of the 2d Charge "Not Guilty.'' To the 2d Charge " NotQuilty."

FINDING. The Court having maturely considereil the evidence adduced, finds the prisoner

as follows : Of the Specification of the 1st Charge, confirms the plea of the prisoner.

and finds him " Guilty." Of the 2d Charge, confirm.s the plea of the prisoner, and finds him " Guilty." Of the Specification of the 2d Charge " Guiliu "

except the words, " stating, also, that he preferred to be in the guard-house to be doing duty in the company."

Of the 2d Charge "Guilty." SENTENCE.

And tiie ('(nirt does therefore sentence him, Joseph Davidson, privat(> t)t'Company O, od U. 8. Infantry, "To i)e confined, i.i charge of tlie >,niard,for ten [lU] days, breaking stones, from reveille until retreat, each day, allov/ing half an hour for each meal, the remair.der of the time to he kept in solitaiy confinement.

Findinij^ and sentence confirmed. The sentence will be carried into effect under the direction of tlie Commanding Officer at Fort Leaven- wortJi, Kansas.

By commanil of MA.IDU (ii:NKHAi, I'UPF.. JOHN P. SHERBURNE,

Ag^istant Adjutant General.

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(Vj-^l--H-^LA^ 1 iii'iiriiiii' ilif'Mifriiir fi'i'lirrrr^

.xtdUkti,:.

HEADQUARTERS- DEPARTMENT OP THE,MISSOURI, FORT LKAVEXWORTH, KANSAS. August 21, IStlfi.

_. . GENERAL ORDERS,) . « ,c-. J.V:J--T ■ ■•■if '^.'siiaKvU 'Vt:..ty'T

No. 7:}. ■ , . ) . ■■ -•• ■.. „,,.;, , . ,

T....^ftofr*)rP fi (lon^ral Conrt Martial, whicli Hmvpnod at' I'ôrt Knirhev.

N'. T., pursuant to Special Orders, No. fH, t. S., iJated Headquarters

District (if N.'hraska, Omaha. X. T., March itth'.'lBfi'ir. and of wliicli.'Ma-

jor .Tlu)uui,s ,f. .\lMJors. Ist N't^Ji.* Vet. '.'avalry, is President, were.-ar-

raifr'uc*! atitf tried : • • ■ ■'

].!!...J<)hii I-. Mutton. PriviitP (if Coiniiany K. 1st Xeli. Vet. Cavahv

\'o!s., on the followinfi, cliar;i-es aiid s|n'eiticati(ius :

l:'#AHCiK 1st.—/><°><>'i7«<;/i. • 'Styi<'ificntion.— In I lis, thiit lie, Jobu L. Ilutton, I'rivatc ot'C(Hiipaii.v E, 1st ^NeK.

Vetprfivalry Vols •.having been (Inlyônlinted in the service of tile I'nitod Stnte;-. IIKI oft (ir aliodt tlic 2.'> 1 iliiy ot'SepteuilHT, MO."), wliile in Oiniiliii. X. T., (iesert'fiiiid service.

' .\il'this at or hear'Omaha, N. T.

(.'HARGK 2d.— Tfuft. Spec>fii:alli>ii.—In tliis, tliiit lie. .lotin L. liiiTton. I'riviite of CmnpiMiy K, 1st Nei.

..Vet. Cavalry Vols., hiiving heen duly enlisted in the service of th(* I'nited State did, un or iibout the 2:i(l d;iy of .'êpteinher, lS(i,), while in Omaha. N. T., desert said servic-e, taking With liini the f(')lld)Ving Hrticles, proportyof the United States, viz :

■■<^ne>lHddl-c,f 17.72; one Saddle Blanket, W.Od : one Curb Bridle, $4.4(5; one Hnl- ter and Strap, $1.'.to; one N()se-Ba«.. .'?1.50 ; one Surcingle, ,ii]. 12; one Lariat and Pin, 90 eta.; one pair.Spurs(and.Strap, 52 cts.: one Horse Brush, 7>)cts.; ene Cur-

.ry-Conii), 2(i cts.: one Merrill Carbine, $30 ; one Carbine Cartridge-bo.x, $1.05 ; one Ciip-PtJUch, 45'ets.; unii iieiuini'ngton Pistol, 820; one Pistol Belt and Holster, 7."' its.; one Pistol''t'artridgeî)o.\, tJOets'.; one Sabre Belt and Plate. .*1.;(5; one Ilftv- ersaek, 1)5 cts.; and one Cavalry Horse, value unknown.

•: All this'iit.iM- tiaav Oliiaha, N. T. To all of which Chargesand Specifications the prisoner pleaded "Not Guilty-"

FINUIKlf. The Court having niaturejy considered the evidence adduced, finds the prisoner

ns'follows ; '" '. Of the Specification of the 1st Charge "Guilty."

, Ofthe 1st Charge "Gtiiltp." Of the Specification of the 2d Charge " Guilty."

(except the taking away of the Ordnance and Ordnance Stores, and . tjuartermaster's property mentioned in the Specification.)

■ Ofthe2d Charge •• "NoiGuilty."

,►::'■:.; ';;^^ ,^ SENTENCE.

:::-.;And tie Cpuft docs therefore sentence him. Private John L. Hutt<>n.

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Companv E, Ist Neb. Vet. Cavalry Vols., to l)e dishonorably (li.Hcluirj^fcl

the service of the United State.s, without pay or alh)\vances.

II Andrew M. Heath, Private of Company E, l.st Neb. Vet. Cavab-y

Vol.s., on the following charges and specification.s :

CHARGK 1st—Dexertioii. Specification.—In this, that he. Private Andrew M. Heath, of Company E, l.st

Veb. Yet. Cavalry Vols., a duly enlisted soldier in the service of the United States, did, on or about the 2()£h day of Septeiuhjr, 130j, absent hinnelf from and desert said service, and remained absent until the 8th day of January, 18t)6, at which lime said soldier returned voluntarily to duty.

This at or near Fort Kearney, N. T.

CHARGE 2d.—Theft Specification.—In this, that he. Private Andrew M. Heath, of Company E, 1st

-Veb. Vet Cavalry Vols., a duly enlisted soldier in the service of the United States, did, on or about the 26th day of September. 18(55, absent himself from and desert said service, and did take Ordnance Stores with him of the value of $97.09.

To which Charges and Specifications the prisoner pleaded as follows : To the Specification, of thelst Charge "Guilty." To the Ist Charge "JV..« Guilty." To the Specification, of the 2d Charge "Not Guilty." To the 2d Charge "Not Guilty,"


*si follows : Of the Specification of the 1st Charge "Guilty." Of the 1st Charge " GuiUy." Of the Specification of the 2d Charge "Guilty,"

(with the exception of the words relating to the taking with him of "Ordnance Stores of the value of $97.09.")

Of the 2d Charge "Not Guilty." SENTENCE.

And the Court does therefore sentence him, Private Andrew M. Heath, Company E, 1st Neb. Vet. Cavalry Vols., to be dishonorably discharged the service of the United States, without pay or allowances.

Ill Charles A. Pierce, Private of Company E, 1st Neb. Vet. Cavalry Vols., on the following charges and specifications :

CHARGE 1st.—Desertion. Specifixation.— In this, that he. Private Charles A. Pierce, of Company E, Ist

Neb. Vet. Cavalry Vols., a duly enlisted soldier in the service of the United States, did, on or about the 26th day of September, 1865, absent himself from and desert said service, and remain absent until the 8th day of January. 1866, at which time said soldier returned voluntarily to duty.

This at or near Fort Kearney, N. T. CHABGB 2d.—TAe/i.

Specification—In this, that he. Private Charles A. Pierce, of Company E. 1st Neb. Vet. Cavalry Vols.. a duly enlisted soldier in the service of the United States, did, on or about the 26th day of September, 1865. absent himself from and desert

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M

•aid servici', and take Ordnance and Ordnance Stores^ with him, of the value of $«9.60

To which ChiirgeH and Specifications the prisoner pleaded as follows":

To the Specification of the 1st Charge "Guiltu," To the 1st Charge "Jfot Guilty.' To the Specification »f the 2d Charge "Not Ouilty.'- To the 2d Charge "JVoi! Gmltj/.'

FINDING. The Court having tnaturcly considered the evidence adduced, finds the prisonci

t? follows: Of the Specfication of the 1st Charge "Guilty.'- Of the 1st Charge "Guilty,'' Of the Specification of the 2d Charge "Guilty,"

(except the taking away of the Ordnance and Ordnance Stores, mentioned in the Specification.)

Ofthe2<l Charge "Not Guilty.

SENTENCE, And the Court does therefore sentence him, Private Charles A. Pierce.

Company E, 1st Neb. Vet Cavalry Vols., to be dislionorably discharged the service of the Ignited States, with h»ss of all pay and allowances now dne or to become due.

IV George Ed.son, Private of Company E, 1st Neb. Vet. Cavah^ Vois., on the following charge.*! and specifications:

CHARGE \si.—Denertion. Specification.~ln this, that he. Private (ieorge Edson, Company E, 1st Neb. Vet.

Cavalry Vols.. a duly enlisted soldier in the service of the United States, did, on or about the 9th day of October, 1865, absent himself from and desert said service, «nd remain absent until the 4th day of December, 1865, at which time said soldier returned voluntarily to duty.

This at or near Fort Kearney. N. T.

ClURGK 2d.—The/t.

Specification,—In this, that he. Private George Edson, of Company E. 1st Neb. Vet. Cavalry Vols.. a duly enlisted soldier in the service of the United State*. did, on or about the 9th day of October. 186.5, absent himself from and desert said service, and take Ordnance and Ordnance Stores with him. of the value of $64.9.^^.

To which Charges and Specifications the prisoner pleaded as follows: To the Specification of the 1st Charge "Guilty." To the 1st Charge "Not Ouiltu." To the Specification of the 2d Charge "Not Guilty.' To the 2d Charge : "Not GuiUy.'


»s follows: Of the Specification of the 1st Charge "Guilty." Of the 1st Charge "Guilty.' Of the Specification of the 2d Charge "Guilty,"

(except the taking with him of Ordnance Stores of the value of $64.93.) Of the 2d Charge "Not Guilty."

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[4|

^1=':.-^ >> : SENTENCE. =:^:^.::.-M .-.;■ ^.-B. .;,--•; ^;,„ And the Court does therefore sentence him. Private Geurjic Kdsoll.iot

Company E, 1st Neb. Vet. Oiivairi'Vbls^V'to 1)d distirtridrablj (ftJiciiarjreil

rhe'servic^.of the United State;;, without'p'ft}? oi- alhiwanoes. "■'' "^

V,.,,.ôljn'Hughe.s, Corporal Company E. Lst N'cl). Vet. .Cavalry ToIr^.,

nn the following charges and sj)ecifications : 'GllA'Kok lst.—Deserticm; . ' . ..;, : ■ <?; . ■ ;l >—, '..\ ■■■ i

Spcclfiaitio)!.—In this, that he, Cori)oraI John Hujfhes, ('(Hiipiiiiy K, Ij^t J*»ob; Yi^t, I'avalry Vols , a duly enlLsteri soldier in the ['«nvi«e of th(j I'liiUMl iStale;^, ditl.iini iT about the Dth day of October, 18tJ5, absent him.s(;lf fro.ui,und ikwRi-t sa-ifi fi«rv'lce. MiuV remain absent until the 5th day of D.exjeiuber, 18*>5. at wbi«h time ».ai(l;s,<>ldii'r returned voluntarily to duty. .;J, '::■::■. ■■' r-: . . : . ■'. - Jt.-i'i

This at or near Fort Kearney, N. T. ^■•J»t«iJ*J»4«»^^*•• -.J i.. .••■ i..»ij -"CHAK(iv.2A.~Th>ft. ■ ::,'■> Li r-Vi Specification,— In this, that he. rovpOLdal Johh Huphe.-i, of Company E, 1st Neb.

Vet. Cavalry Vol.?.. a d«ly)eiiH«je;d soWiiiriiii; t4io.'iprv>ice of t6iP United Stjitesvyid, on pr about the 9th day.gf Oetpbtjr. iMti.J..abseptJiim^jpU'fr(»i!k aniV d('siej;t.s.nid.?ervice, taking witli him Ordnanee and Onlnaiiee Store.-i'. of tTu- viiluV'.o4'$(>l'.Jt).

this at Oi'heav F()rt Keîrney, N.'t\'' ■■''^•'''^'' '•■■ ■' '■' '' •'■''-''•'' To which Charges anil Specifications the prisoner pleifilMVa.i* txjlibws : ' "'■' To the Specification of the 1st Charge " Gtiiltu." To the 1st Charge I;;........:....;..-....'.i..<,.^.;. .■...^\:.l....:.,..:\Ii<H(lidlli;: To the Specification of the. 2ilCharge ..,...,. .,..^r,.-... .• ,..,,..._..,,..|.,,....v.VvVo;,(/«/%.•" To the 2d Charge '.'. \..................\'..'.!.'.'..."..'...,.'.,''''AW 6'«y%/'

.,.,;,...., ,..,.. FiNPiNG., ...,, ;;'^'''":'''.;''''■;:;''.*!',>- The Court hayli^înaturftly cbhsidered. £h.e evjl\^tii(;6 'i'cldii'dtd'^ hnds fliv p/ls^nei'

as follows : ' ' ..>.,■.. , ... ^ . .... 'y-

Of the Specification of the ls\ Charge .:..//...:.y.;..V.]^y.,.y..^:.y\^'.'..'........''Gutty.'' Of theisfcharge '::^'::..^. ...:..:^.L..:.^..^.„:;..!'..,..,.:..^;":,;;;^:!^;:;L.!.:"i(?iîi^^ Of the Specification of the 2d Charge.,,....,.^ ..;.....'......>..'..'f:.'..-:..:.".."(7\î'i/'''

(except the taking with him of Ordnance and Ordnance StoVes.' of thtf ' value of $61.46.) .•. .; ;..;;!>.;•

Of the.2d€harge ,.:.' ; ,.....,.. ,.. ."Nfit:fiw,lt3i.'' ■ :;■; ■ - . .. ■: SENTENCE.::..;, v;,::; ...-..■ ..::^,>') .*-

And the Court does therefoce sentence him, GorpJOfai John.ftughe.s.bf

Company E. l§t Neb. Vet. Cavalry Vols., to be dishonorably drsdiarg^'il

the service of the United States, without pay or allow^nce.s.

VI Josiah Jordian, Private of Company E,- Igt Neb, Vet, GHYalry

Vols., on the following charge and specification : '"^ ••''' '-• '-^''■- '•'

CHARGP,-7-Z).e«er<ton. ■ ■ r, ,fy Specification.—In this, that he, Josiah Jordian, a Private of Company E, Igt Neb.

.Vet. Cavalry Vols., a duly enlisted soldier in the service gf the United States,'îa.

.01) or about the 27th day of December, 1865, absent'himself from ^nd êsprt said service,.and remain absent until the 12th day of .Ijl^rch, 1866. at ■jthicb, tiî)«,«aid soldier retûrned voluntarily to duty. •?<?• 'it ' ' •• ••■

This at-or near Fort McPherson, N. T.^ '"' *""*;'.; •';:^:.. -.

Tn whic'i the priMincr iiltinl.-.l ;is fellows: T'l thf Spi'fifitiition "Gui/tv."

(except word "ileicil " ' Til I lie ('liarge " Xot Guiltu."

I'lXDrNd. Till' loiiit hiiviug iiiiinirel.v eoiisidered the evidence adiliiced, liiid,-* tlie prisoiiei

IS fiillo^vs : Of the Speeifieatidii "Guiltu. " Of the riiarfTO "Guiltu."

SEXTKXCE. And the Court (loos tlu'rofore sentence Iiiiu, .losiali .Joriliaii. Private

III" ('i)nipany E, 1st Neli. \ ft. Cavalry Vols.. to l)e (lislioiioral)lv diseliarged

ilir service oftlie Ciiiteil States, without pay or alhtwaiiees.

\II Headijuai'ters ofthe District of' Nel)iaska haviii;^' been discontin-

iiiMJ, an<l the proceediii>i;s in the forej^'oing cases forwarded to tlie General

ConiMiiinding the department f'oi- final action, the following are his onlers

tliercon : The jirocoedings. findinir.^ aiicl sentences in the foregoing casrs areap-

IHMM (1 and confinni d.

Corporal .John Hiiglns. and i'rivales J(,!in I.. Untton, Andrew M.

Ilealli. Charles A. I'iercr. Cfurgi- j-jlsim ami .losiali .Inrdiaii. of Comp.i-

\\\ VJ. 1st Nel)raska X'eterMn ('a\airv \Ohinteei's. are liereliv dishonoraI)i\

lisrharged the si'r\ ice lA the I'nited States. The sto|ipage of pay will

!ie made bv the projiei- nlliei-i-. The prisoners will be released from con-

tliieiiient.

By coniuian.l of M.^.JOK tihwiiM, I'OI'K. JoILN J>. .SIIKHIU'RNi:.

Axsixfiiiii A'/jiiltifit Gcii/ntl.

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Aisiti^ Aiffiniiiit'4ifiicnil.

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ITKAIX^XARrEHS. DEI'AUT.VfENT OF THE MISSOUlU,

F,irt Li-in-,',! I'n.-fh. Kaiifiisi, Adjust 'li, 1SG(>.

GENERAL OKDEIJS,

No. 74.

T Before a (jreiioi-iil Court Martial wliicli convened at Fort LcaveM\()rtli. Kan-^as, July 1!>, IStKi, pursuant to Special Orders No. lij(!, current .series, from these Headquarters, and of wlucli Captain and IJrevet Lientenant-Coionel EKWIS MKI;I;II.I. i- }'re-i tlont. were arrai;ifne(l and tried :

\st. MU-IKI'I Su-lmlan, private of Company ''C,"' 3d V 8. Jn- faiitry. on tlie followinof charsi-es and spci-itieations :

(■iiAit(;K lsi:

*'Absence without learv.''

SI'K«MFI('ATION: "In tliis. tliat lie. .l/ir/me^ .V/(7((-/«.s', private of Company •('.' ?,i\ \J. S. Infantry, l)ein<r duly detailed and on_ duty as company cook, did absent himselt" without permission from proper authoritv, from on or about 2 o'clock, P. M., until on or about (5 o'clock. V. M.. of the 2')th day of dnne. lSG(i. This at Lawrence. Kansa-;."

CIIARGK 2l):

• 'Drunkenness on duty.

SpKCiKiCATif)N: -'In this, that he. Michael Nicholas, jirivate of Comjjany 'C' 'M\ V. S. Infantry, was so drunk whilst on duty as company cook, as to be unable to perform the duties of \i soldier, "this at Lawrence. Kansas, on or about the 2.5th day of .Time, ISGd. ""

CHAIifiE ;{|).

'''Conduct prejudicial to good order a>id )nilit(iry discipline.''''

SI'KCIFICATION: "In this, that he. Michael Nicholas, jirivate of Company '("." 'M\ U. S. Infanti-y. beinji' drunk and disorderly in the ' Eldridiic House.'at Lawi'ence. Kansas, did refuse to leave when refpiested to do so by the proprietor of said house, and when Serijeant Christian Miller, of sann; company ami rcfiiment, and on duty in char<ie of the <>-uard at the city jail, was rcciuested to take him out of the said

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lioiise. lu', ))rivatt' Michael Nicholas, did refuse to le;ive when ordered to do so by tlie said Ber^'eant Miller, and on bein<; put out by foree/did frequently attempt to sti-ike the said Sert;-eanr Miller, and did at tlie\sanie time threaten the said Ser<reant Miller by sayin<>-, ' .Miller, you son of a bitch, I will shoot or kill you the tirst <-lianee 1 <?et,' or words to that effect. " This at Lawrence, Kansas, on or about the 25th day of June, 18G(i.

To which charices and spei^ilications the i)risoncr plcaiied as follows:

To the sp;?cilic ition of the lirst charge, • -G itUy.'" To the first charge, '' Guilty. '' To tlie si)e('itlcation of the second charge, ' -Not gnilty.'' To the second charge, ^ ^Not guilty.''' To the specification of the third charge, ' ^Not yniUy.'' To the third charge, • -Not gnilty.''

KINDINC.

The Court liaving maturely considered the evidence adduced, finds the prisoner as follows;

Of tlie specification of tlie first charge, conlirms the i)lea of the prisoner and finds him '' Guilty.''

Of the first charge, confirms the plea of the prisoner, and finds him '•''Guilty."'

Of the s])ecification to the second charge "Guilty,"' except the words • 'whilst on duty as comj^anj' cook.''

Of the second charge, • 'Not guilty.'' Of the specification of the third charge, • 'Nut gnilty.'' Of the thii'd charge, ''N<d gnilty.''

.SENTKNCl-:.

And the Court does, therefore, sentence him, Michael Nicholas, private, Company 'C,' 3d U. S. Iiifantiy, to solitary confinement on bread and water diet for four days.

Finding and sentence confirmed. The proceedings in this case should have shown that there was no more testimony for the prosecution. It does not appear that the Court took into consideration any other evidence than of private John C. Smith, Company 'C 3d U. kS. Infantry, or used any exertion to obtain any. In consideration of the length of confinement to whidi tlie accused has already been subjected, he will be released from arrest and I'etin-ned to duty.

3

II Before a General Court ^^artiaI wliicli eoiivcued at Jef- ferson Barracks, Mo., June 20Mi. ISOG, pursuant to Speeial Onlers No. 141, ])art 1, cm rent series, from these IIeail(iuarters, and of which Brevet Brisiadier General PITCAIR.N MDIIIUSO-V, U. S. A., was President, were ari-aigned and tried:

•2d. Gustav A. Llchtcnberg. cor])oral of Con)i;any ' "E,'' Battalion of Engineers, on the foliowino^ charge and specilications:

'■'• Matinoua co»ili(cf, to the prejndlcr af r/iH,// ,,r,lr,- and ini/ifart/

discipline.''

SrECiFU'ATiON isr: •■ In this. {\v,\t Gustar A. Licldeiihcrg,i2in-\)0Vi\[. Company *E,' battalion of Engineers, being on duty as acting sergeant of the gnard of the Engineer Depot, at'.Jef- ferson Bari-acks, Mo., on or about tlie iith day of.Fnne. 18(jG. when called upon by an otKcer of the forces of the Unitecl States, Brevet Col. H. G. Gibson, Captain ;>d U. S. Artil- lery, to keep a prisoner committed to his charge by said Colonel Gibson, did release saiil jjrisoner without proper authority, and did in the |)resencc of enlisted men and citizens, mutinously refuse to recognize the said Brevet Col. H. G. (iibson as his superior ollici'r. and did deliantly, insolent!}', and nuitinously order his guard to tire upon any one api)roacliing in obedieiice to the orders of the s;ii(| Brevet Col. Gibson."'

SrKOiFiCATiox -o: '"In this, that Gusfdr A. LicJdcnherg, Corjjoral of Company 'E,' Battalion of Engineers, being on duty as acting sergeant of the guard at the Engineer Depot, at Jerterson Bai'racks, JMo., on or al)out the !)th day of .June, 180(), did, in the presence of enlisted men and citizens, behave witli contemi)t and disrespect to his superior olticer. Brevet Col. II. G. Gibson, Captain M U. S. Artillery, by an insolent, detlant manner, and by saying : ' I obey noone's orders uidess I j-ccognize him,' (W words to that effect, and by ordei'ing- his guard to fire upon auj'one ai)proaching'in obedience to orders of the said Brevet Col. Gibson. ■'

SPECIFICATION' OD: "In this, that Gusfar A. Lichtrnbcrri. Coi-j)oial of Company "E,' Battalion of Enginetji's', did. while commanding a g-iiard, at the Engineer i)epot, at Jelfei-son Bai'- racks. Mo., on or about the !)th day of June, 180'J. lefuse to keep a piisoner comnutteil to his charge by an ofHcer of the forces of the Cnited States. Brevet Col. II. G.. Gibson, Cap- tain 3d V. S. Artillei-y, atid did pnNume to i-elease .said prisoner committed to his charge, without proper authority for so doing, or induce ordei;^ for his release by false representations or misrepresentations.''

To all of which chai-ge and specifications the i)risoner i)leaded "■Not Guilty.'-

vA

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The Conrt having maturely coiifiidcrod the evidoiioe aiMiicotl, finds tlie prisoner as follows:

Of the lirst sp(;cifleation, '' Guilty.'' Of the second specification, '' Guilty.'" Of the third specification, '■'Guilty.''' except the words, "or

induce orders for his release by false representations or misrepresentations. ''

Of the chari;-e, '' Guilty, ''

SEN'IENCE:

And the Court does, therefore, sencehini. Gustav A. lAchtenbery, Corporal of Company "E," Battalion of Enjiîneers, to be reduced to the ranks, and to be confined at hard labor, under char<i-e of the guard, at Jefferson IJarracks, Mo., for six (0) months, and to forfeit fifteen ($15) dollars of his monthly pay per month, for the same period.

Finding on the lirst and third specifications disapproved, as not bfdng sufficientl}' sustained by the testimony, finding on second specification, charge and sentence approved, but it appears that Corporal Lichtenberg acted under an eri'onious impression of his duty, aiising from improper instructions.

The sentence is remitted. The prisoner will be i-eleased from arrest and returned to duty.

BY COMMANr> OF MA.I<)H-()iKXKi:AI, I'OI'K.

OKKK'AI. :

JOHN P. SHEliBUKNK.

AsHstant Adjutant General.

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FROM THE

HEADQUARTERS

/<^^^^

18^

INDEX OF FIELD ORDERS

i^cttbquartcrG ?I[lc|]rtrtmcnt of ll)c lUissouri.

Lane. .Iiini"s M

Mel.a ill, Oran.r,. I)

iV A M j^: S .

2 Scluiylcr, Lini Smith, William

2

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HEAD-QLTAHTERS DEPARTMEXr OF THE MlSSOrill. DKNVKR CITY. C. T. .IUIV 2d. ISiW.

rxENEKAI. FIELD ORDERS, Xo. 2.

Before a (Jeiieral Court Martial, eoiiveiied at Caniii Wanlwell. C. T..

bv virtue of Special Field Order No. 8, }»araorapli III, dated H('ad-(|uar-

ters Department of the jMi.ssouri, Camp Wardwell, C. T.. June 2.'?d. ISi'.i',.

was tried :

I. Private James ^f. Lane. Co. • D." M Bntfalion. iStli Rc^riiiicni I

S. Infantry. CH.VR(;K i :--Dcifrtioii.

Sptcificutioii, In thi.-, that Private .lauR'-' ,M. Lane of Co. 1>.'M Battalion. I.stli Kefrinient I'. S. Infantiy. a duly cnli.-^tt'd .soldier in t!-;e .-ierviceot the United States. ilid ali.sent him.-elf from, and clesert the iânie on or about tlie 14th day of .June, 1S<)(), and ilid remain absent until apprehended and <leli4crei| up, on or .■il)()Ut .lunc Kifh, ISfiT).

Tlii.s at Fort Wardwell. C. T. ('H.VRfiK U—TIH/I. :

.Sp''cifi/ûtioH:—ln thi.s, that Private .lames.M. Iâne, Co. I), .'id JJattalion iMili r. S. Infantry, did feloniously take and appropjiate to his own use one horse, one

>ii(ld!e, one bridle, one Sprinfftield Hitle-musket, and set of Infantry accoutrements, llie property of the l'nite<l States.

This at Fort Wardwell, C T., OM or about tin I ftli day of June, ISCd

To wliioli eliarges and sfiecification,-^ tlie aeew.sed pleaded a.s follow.s ; To the Specification of the 1st Cliarge " Giti'tj/." To the 1st Charjre "Giii/tv." To the Specification of the 2d ClwuKc "GiiUty.'- To the 2d Chillge "Ou!/i//."

FIXDINt;. To the Specilication to tlie 1st Charge " (jiiilty." To the 1st Chaige " Giii/h/." Til the Specitication of the 2d Chaige "Ginliy." To the 2d Chaif-'c " Gitih)i."

SENTENCE.

And tlic Court do therefore sentenee |)rivate -Idinen \1. r^nw. Co. "■ D,"

31 Battalion ISfh Rpoiment L'. S. Infantry: To forfeit all payandallow-

iinces due him. to ix' <li,shoiioraI)lv disc-har;:ed the .service of thf> United

Statr.s, and to he inipiisoned at liard lahoi' in such pri.soii as the Com-

mandinof General of the Dcjiartmeitf shall desionate, for the period of

I'/n years.

II. Private William F .Smith. Co. '■ D.' ."{d Rnttalion ISth lieoinien-

1.'. S. Infantry. (H.^HGK \~-l)i million.

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Specijication :—lu tlii.-. that Private Williiiin F. Smith, Co. J), 3d Battalion, 18th Regiment U. 8 Infantry, a duly enlisted ^;|)ldiel•, in the serviee of the United States, and at the same time a sentinel on Sfuaid, did absent himself from, and desert the same, on or about the 14th day of Juno. 1806, and did remain absent until apprehended and delivered up. on or about the I9th day of .Tune, 18(56,

'I'liis at Fort Wardwell. C. T. CHARGE II—TA'/V.

Specification /.—In this that Private William V. Smitli, Co. I), 3d Battalion, 18th Regiment U. S. Infantry, did while on guard, did either take himself or otherwise aid and abet, in taking from the stable over which lie had bet'n placed as a guard, tliree horses, three saddles, and three bridles : the property of the United States.

This at Fort Wardwell. C. T.. on or about tho 14th day of June, 186(1. Specification II:—In this, that Private William F, Smith, Co, I), 3d Battalion.

ISth Regiment U. S. Infantry, did feloniously take and appropriate to his own use one Springfield Rifle-musket, and equipments complete, the property of the Uni- ted States.

This at Fort Wardwell. C. T.. on or al)out the Mth day of June. ISfiC. CHARGE III :—Disobedience of orders:

Specification :—In this, that Private William F. Smith, Co. D, 3d Battalion, 18tli Regiment U. S. Infantry, having been stationed as a sentinel over the stables with orders not to allow any horses to be taken away, did himself, assist and con- nive at the stealing of three horses from said sta))les such horses being the property of the United States.

This at Fort Wardwel!, C. T,, on or about June Uth, \H{\(\.

To which charges and specifications the prisoner pleaded as follows : To the Specification of the 1st Charge "Guilty." To the 1st Charge "Otiiily." To the 1st Specification of the 2d Charge "Guilty," To the 2d Specification of the 2d Cliarge "Guilty," To the 2d Charge "Guilty." To the Specification of the 3d Charge "Guilty." To the 3d Charge "Guilty."

FINDIXO. To the Specification of the 1st Charge "Guilty." To the 1st Charge "Guilty." To the 1st Specification, of the 2d Charge "Guilty." To the 2d Specification of the 2d Charge "Guilty." To the 2d Charge "Guilty." To the Specification of the 3il Charge "Guilty." To the 3d Charge "Guilty,"

SENTENCE. And the Court do therefore sentence him. private Wiiiiam F. Smilh,

("(>. • D," 3d Battalion IHtli Regiment U. S. Infantry : To be shot to

iit>atli with musketry, at such time and place as the Commanding Gene'

ral of the Department shall direct, two thirds of the members of the Court

concurring therein.

III. Private Orange D. Mcl.ain, Co. " D.' Hd Battalion ISth Plegimcnt

U. S. Infantry. CHARGE I:—Desertion.

Spei'ificotioH.—In \\\\^, Iliaf PrivHte Oiaugt- I). McLitiii, I'D. I), ."id ISfiltiiliiiii. iMli Regiment V. S. Infantry, a duLv enlisted solilier, in tlie .-erv ice of I lie I'nitcd •States, did absent liiniself from and desert tiie same on or about liie lldi day ot June 18ti(). and did remain absent until apprehended, ;ind delivered up, on (Ji- jiiioiit the 19tli day of .June IWJti.

This iit Fort Wardwell, C. T. ('HAR(;K \l— Thrift.

Sperificiition:—In this, that Private Uraiiffe I). Mel,ain. ot' di l», .Id Hallalii.ii. IStl) Regiment I'. S, Infantry, did feloniously take, and appiopriate to his own use, one horse, one saddle, one bridle, one Springfield Kille-musket, ,'ind set nf In- fantry aceoutrements. the property of the Cnited States.

This at Fort VVardwell, C. T., on or about .fimc ] Ifli. Isdti.

To whicli chiir^es and specifications the prisoner pleaded as f'ollow.s : To the Si)oi'itifation of the 1st Charge " Uniltu." To the 1st Charge "GitHni." To the Speeifieation of the 2d Charge " dniliii." To the I'd Charge " (iiiiliii."

FIM)I\(i. Tu the Si)e(ification of the 1st Charge " (jtiihy." To the 1st <'harge " (jiiiliy." To the Speeifieation of the 2d Ohargre " ilniltn." Tothel!dCliarge ' "a„ilt,,.--

SEiVTENCK. And the Court do tlierefore sentonee Iiiin. pri\ate ()r(i-\qr D .IfcLi'/n.

Co. 'D," 'M Mattalion 18th Regiment V. S. Infantry: To forteil all jiav

and allowances due him : to be dishonorably discliaroed the sei\ ice ot

the United States, and to be imprisoned at hard labor in sui h piison as

the Commandin<r General of the Department sliall de.'iipiiate for the JK-

liod nf ten years.

I^'.

Tlie proceedings and findings in the ctise of private ■lame.- M. Liinc

Co. "D." 3d Battalion 18th Regiment U. S. Infantry, ii])proved and see.

tencp confirmed. The penitentiary at JeHerson City. MIssonii. is desig-

nated as the place of confinement.

y The proceedings and findings in the'ease of private William F. Smith-

Co. " I)," 8d Battalion 18th Regiment V. S. Infantry, are approved; but

the sentence of detith is commuted to ten years of confinement at hard

Inlior in the penitentiarv at Jefferson City. Miss.uiri.

Yl

The j)roceedings and findings in tiie case of private Orange j). .Mcl.ain,

C(). "D." :!d Battalion 18th Regiment V. S, Infantiy. approved and sen-

tenee confirmod. 'I'he penitentiary at .TefTerson City. .Missouri, is dcsig"

"iited as t!i(> place of confinement.

Till' General Court Martial (Mjiiveiied by virtue ol Sjiccial Field Order Xo. 8, par. '^, Head-Quarters Department of the Missouri, dated Camj) Wardwell, C. T., June 2:'>d, iSdti, is hereby dissolved.

P>.v coiiniianil of MA.ICIK I 1 HNKiiu, P(U'K.

JO.<. .MoC. BEIJ.. Amistaiil Adji'l'iiit a,'),,,;

X^^ixhiiit Ailjiil'iiit Oi'iiinil.

HEAi'QrAiri'KKS DEPARTiMENT OF THE MISSOLKI. I Four UNMON, N. M., July KItfi, \H(U\. j

CENEHAL FIELD OlIDERS,

No 'A. Bcfoic a (jieneral Court Martial, convened at J^ocky Hill, ('. 'J'. \>\

virtue of Special P'ield Order, No. 12, dated Headqu.irteis Departnient <,1 the Missouri, Kocky Hill, C. T., July «tli. l^iKi, was tried : f Private Eevi Schuyler, Co. E, .'?d Rc'.'-imeiit. IJ. S. Infantry.

CHAKHK.—Neg/fcl (if duty.

Specification:—In this, tliiit lif, Privnlu L'jvi SciiiiyK'i'. t'o. E, iJd Jicginiiiil, I . S. Infantry, lieiiiKa iiii'nibcr of (lie guaril and duly pcistcd iis seulint'l in tfio rc.ii lit the officer.^ ([iiarti-rs, did allow a nie.xi! chest, tiu' property of Major James Sa« - ycr. to be st(den whilst he was on post, between the lioni- of I2'j and L''^ o'elnek \. M., on or about the niorninj? of the 28th ot .luiie. IStili.

Tlii.s at caniii ne;ir l)eii\er City, (_'. T.

T(» which cliaijic and specification the prisoner pleaded as follows :

To the Speeitiealion "\<it Guilty."

id the Charge 'W'nt Gtii/lp KIXI)IN(i.

Til the Siiccitiealion 'Aot (JiiUtji." Til thf Charge .." \i>l (Inilty."

■.\w\ does therefore .-leiinit him.

Th(> proceedinirs and lin(lin;;s in the case of Private J,e\i .Sfluiyler. Co

K. oil Regiment I'. S. Infantry, aic approvei'. I'l-ixate Ee\i Schuyh r.

I'd. Iv Hd Re;iini(Mit L'. S. infantr\. will he i-eleased IVoni confin(>nient

;iii(l retui'ned to dutv with his ('ompaiix'.

The Genei'al Court Maitial conxcned liv \irtue ot .Special Field Oi-

lier Xo. 12. Head(|Uariers l)epartiiieni ol the Missoiii'i. dated Rocky Hil!.

f' T, July Sth. I8i;(;. is hereliy dissohed.

IJy eonimand lit MA.Kiii <;KNKI;AI. I'DPK.

.KiS. ,VI<('. IJKM,. Ax'iixiiiiii A'/jiitiiiii (,'fiiioi/.

/^.e^..^.w /ill/ilill (i<

'W '1,1

FROM THE

HEADQUART ERS

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,/i

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3^ :«?i

INDEX OF (GENERAL ORDERS,

^cabqiinrtcrs Drpnrlincnt of ll)c iUissonri.

Adams, John Allen, I'^lward W Anderson, Alexander Arbutlinot, James Ariiol I, Andrew J Ashburn, Jolm Ashniead, William Ayres, Justin X

liiiason, Nieliolas Biilteock, \\'illiatn Haltcock, OK Huldais, .fose Hiini;hart, John Beard, Jame.s If Beek, Frederiek Belz, Lorenzo Bonrke, Edward Bowers. F Bravton, Bayron Brown, James Brown, Georfc Bruce, John

'"arleton, James H (-'armichael, Arthur •Jar.son, William Carv, Charles A Carroll, Thomas H Casiiner, Paul ''avananjrh, Tharles Chacon, Jose Chapman, Xelson Ohittick, Wm H Cole, Robert Com.stock, Albert

X A M J: s.

4S. H Conroy, ^^athew (•.!>

c.t; Conwav, John 72 .u Cooper. William 53 2!> Coreoran, I)ennis 4S o.-} Corcoran, John 71 r>i Cornois, I'raneis M 8 :u K; Davidson, Joseph 72

Delaney Joseph c.l 2!) D<Mnilt, William f.r> 12 I)empsey, Michael J3 (i2 Devine, .John i<;

:? Dillon. John 11 K Dodfre. C M 33. 43 42 Donohue, James l(i 2!» Driseoll, J 25 :u Dnmtbrd. Huirh 31 72 Duning, 'I'homas 22 25 Dustan, Walter (11

2H Edson, George 7;;

to Ellis, l{ol)ert T 31.53 18

Fahev, William 35 38 Farrand, J W (18 48 FitzfTcrald, John 2!». 45 34 Fletcher, Fi.sher F 31 34 Flynn, Charle.s 71 48 Flynn, Wm F 71 54 Fogerty. Thomas 13 53 Foote, Charles S 3 17 Fortner, C 25 18 Fulcher, William L 18 25 53 Garrard, Kenn(.'r 30 48 GIvnn, Patrick l(i

[i]

U',

„Vv^''

Godfrey, Albert Golden, Jolin Gordon, Georjfe AV Green, Mathew Green, George L

Hall, iMvid Hamilton, James II Hun ley, Patrick Hay ward, James (' Heath, Andrew M. Henry, George Herson, William Holden, Henry Huher, Charles Hughes. John Hull, William Hutton, John L

Ingols, Orrin

James, Nathaniel Johnson, Henrv Johnson, William Jordian. Jo>iah

Kaufman. Jaeol) Keeghler, John Keller, John Kennedy. Edward Kostman, Carl

Jjaddv, Michael l.amb, W I Laswell, David Lawler, Dennis Lawson, Taylor l^etf'erts, T A JjCgros, (leorge Jiester, Henry Lichtenbcrg, Gustav A liindsoy, DeWitt Long, James l.ong, D 15 ]jynch, Michael

Mackay, Thomas Manshund, Louis Mantle, Henry Marks, Zebulon Mason, William

IS 71

i:!. r)4 U 72

f.9 i:? .-.3 2.') 7:5 ](->

2;> (;') 2!) 7:5 29

U

MeCafferty, James McCarthy, John McCoy, James McCullounh, 'J'llonul^ McDonald, Charles McDonald, William McDonnell, John H McFarland, James Mclntvre. Edward McLaughlin, .lerrv McLellan, William Miller, John Mills, Madison Miller, John JaeksDii

ton. Moore. John Morgan. M !» Mullens, Michael Mur|)hy, Daniel E Murphy. John C Murphy, John

W;i^l

72 :55 17 17 :HO

:>:{

71 II

2 s (;.") II ]| :!ii

I,') 2 s ('>() It 17 22 W

44 Mur|)hy, Patrick 10 H Murphy, William il

72 Murphy, James 71 (.>

Nicholas, Michael 71 54 Nieforth, George OH ;54 41 Oakes, AVilliam •M

8 O'lJrien. John ]•] 17 (Ui O'Connor, Daniel 2!l

Ogden, Charles 72 8 Olney. Orrin (1!)

2!) Osborne, Charles 10 (;8 42 Palmer. Linis N r)7 10 Paj)inaw, Frank V (il ;).j Pass!more, 'J'homas 12 i:5 Perry. Robert :'.) (i!) Pierce, Charles A 7;! 74 Pinto, Adolph i:i

17 ,sl Race, William i'lj

T)! Rahn, Jacob 10

72 Reynolds, AV'illiam H Riley, James

n

9 Roach, Jame; 71

to Robinson, (ieorge '1' 22

72 Robinson, Avery 1! (i!)

48 Ro'.f. Jacob U)

;55 Roiirke, Bernard 17

[■>] J'yaii, .Jolin

Siickett. WiiiHcId Sawyer. .Tjinics Scliniolliiiocr, Jdlm Sconce, Francis M Sheridan, W Ilciiry J.inic: Sloan, .((ilin K Sniitii, Fra)ik Smith, Tlioinas Smith, Tiuiiiias Sinitli, TlioiiKLs Smith, Thoina.s Smitl). Michael Siiiitli, Heiirv Smith. Thonias Smith, John Spencer, I'ciiKen Stiiikes, Peicr Stanltury, Ste|>lieii [} Starklaft; (in,sta\- Stewart, (Jeor>ie Stewart, Jolm

20 Go ')i 72 :!.■)

!, (\r, u 25 25 I 48 I 5.S <;.•) 72 72 ; 48 (18 .'!.'»

U (!5

! Siiilivan, Tli(,iiias

I Tliayer, Hpori-c I Thompson. Sainiiol M

Trihoy, David

V<'sey. Alfred

Walker, Charles Wallace, W If 1, Warnisley, John Warner, Mortimer Weinhrecht, Wilh. Ini Whii(.. Jam.'s Williams, niirrontihs 1' Williams, Orion U Williams, J„hn Wil.sori, John Wisznskei. Knstice

^onn"-. Jj lines W

2!>

is 42

25

10. IS 50 5.'! 40 41 17

!) 22 71

5."!. (;;! !)

42

'•^^i^V^,

HEADQUARTERS DEPARTMENT OF THE MISSOURI.

ST. LOUIS, MO., September 4, 18()f;. (TENKRAL ORDERS,

No. 2.

So much of General Orders No. 53, 1866, from these Heiilqiiartors. as

confirms the sentence in the case of private John Wilson, Company "PJ."

;]ii Battallion 13th U. S. Infantry, charged with "Striking his superior ofti-

eer," is hereb}' revoked, for want of proper charge and specification. From

tlie evidence adduced it appears that the person styled "superior officer'" was

anon-commissioned officer, and not a superior officer in the meaning of the

law. See Holt's Digest, page 2, par. 8, and page 15-").

By command of MAJOR GENERAL HANCOCK :

JOHN P. SHERBURNE,

ASSISTANT Ar>jrTANT GKNEKAI,.

OFFICIAL:

ASSISTANT AD.JCTANT GENKKAL.

/i

.^Vi^^SfiC. lVli!^ir W

HE.MK^L'ARTEliS DEPARTMENT OF THE MKSSOUJ;!.

ST. Loris, Mo., Scpfcinbe/- 20, I80tJ.

(IKNKKAI. OliDKUS,

Xo. 4.

I. .lU'fore :i ;nfiier;il court iiiiirli;il wliicli coiiveiu'd :it Foi-t Lt'a\ - ciiwortli, K;iiisa.«, Aii<>ii.*t l.'i, ]8(i0. j)iii->iiaiit to Special Orders No. 188, par. I, series ofl86G, from tliese lieadiinartei's, and of wiiieli Captain and Hrevet Liontenant Colonel Enwrs MKHi;ii,r,, L'd U. S. eavaliy, is President, wei'o arraigned and tried:

Isf. Second Eientenant Jl. F. lii/ir. "id V. S. Artiller\-. on llio loilow in<;' cliai'-^cs and specitications:

( H.\I;(;K Isi :

• • Drtdibotni'ss to ilie prejudice of good onler and milifury dlari/illne.''

SI-KCIIICAT^ON: "In tliis. that lie. Second Lieutenant /;. /'. liyer, lid U. S. Artillery, did ai>]n'ar on the ])ul)li(; streets ot Eeavenwortli City. Kansas, in a state of intoxication, to tlie i^-reat discrraee and scandal of tlie military service. This at Lcaveinvorth ( itv, Kansas, on orabouttlie IStli day of .May. is;i;.'-

(iiAiiOK 2i):

• ■ ( unduct unbecoming an officer andgenflcinun. ''

SiKcun Ai i()\ Is'i : *'In this, that he. Second Lientenant/i. F. Kyo . 2d U. S. Ai-tiilery, did, while in a state of intoxication, with other officers ot the airny, enter the stoi'e or residence of a citizen of Leavenwo?'th, Kansas, and ditl there niak(! use of insultini;: ^"estnres to the wife of said citizen, by ()tTerin<i' to embrace her, and did persist in remainii)t>- in said store or residence. th()n<;li i('])eatedly oi-dered to leave; it by said citizen. This at Leaven worth Cit\', Kansas, on or al)oiit the 18th day of ^May, 18(;(i.""

Si'KCiFiCATiox 2i): "In this, that he, Second Lieutenant 7.'. F. Ryer, 2d U. S. Artillery, did, on or about th(> 31>t day of Aiay, 186G. Avrite to Coloii»d and IJrevet Major General \V^m. Hoffman, U. S. army, and transnnt by iiiail, a communication, purporfin"^' to l)e wi-itten at Foi-t Columbus, New Vork harbor, in which he stated that he was innocent of any wron^'in connection with, and that he bad nothin<if to do with, a dis.ijraceful disturbance which occurred at Leav-

:^i|fc<^-?li|jj

W

\i f \

nnvortli ('ity, Kniisas, on or about tlie IStli clay of May, ISilO. sai 1 t'oiniiuinieatiou liaviii<;' reference to a dijiturbaiice which was; caused by sevci-al ottieers of tlu; United States army, of wliicli he was a party, eiiterinii' tlie store or residence of a private citizen at tiie time and place aforesaid, and lliei-e connecting' tliemseJves in a mainier to the dis<rrace and scandal of the service; said communication beintr know- inirly and willfully false."

To all of which char<>es and specifications, the accused i)leaded

'J'lu' Coiut lia\in,n- maturely considered the evidence adducetl, linds (he accused as follows :

Of the specification of the 1st ciiart^c • • Not Guilfy.'' Of the 1st charg-e. <-'Not iluiliy.'' Of the 1st specification of the 2d charge, '^GnUfy,"' except the

Avords * 'while in a state of intoxication.'' and except all following the woid • 'Kansas,'' where it first occurs.

Of the 2d spccilication of the 2d charge, ••Guilfy," except the words "and that he had-nothing to do with," and the words ''said conununication being knowingly and willfully false. "'

Of the 2d charge, ' • Not Guilty.''

And the Court does, therefore, .ac(]uit him, the said Second Lieutenant !>. F. liycr, 2d U.- S. Artillery.

Finding and acqiiittal conlirnjcd. Second IJeutenaut 7). Fi. liycr is hereby released from arrest., and will resume his sword. He will rejoin his propel- station without delay, at' Governor's Island. Xew York harbor.

BV CO^r.MAM) OK MA.IOI! OENKHAI. llANCfU'Iv.

JOHN r. SHERBUKNE,

Assistaitf Ad'iiitintf (Iruprnl.

OiTicr

rrni.

HEAD QUAUTKHS, DKPAUTMEXT OF THE MIS.soLRI,

Sninf Luulx. Vu., Oct. 24, !Sr,r,.

fiEXERAL ORDERS, ^

Xo. 13.

I...Before a General Court Martial, convened at Fort Laramie, I)a-

cotah Territory, August lltli, IHfiO, jnirsuant to Special Orders, No. 182,

Par. I, First Series, 18G6, from these Head Quarters, and of which Major

JAMES VAX YOAST, 18th U. S. Infantry, is President, were arraigned

and tried —

1. Newton Davis, Private of Co. <'G," 1st Battalion 18th IT. S. In- fantry, on the following charge and specification:

CHAROE■ 'Desertion."

f^pmjication—"In this; that he, Newton Varis, Private of Co'. 'G,' 1st Battalion 18th U. S. Infantry, having been duly enlisted in tlie service of the United States Army, did desert the said service on the seventeenth day of May, 18G0, and did remain absent until arrested on the eighteenth day of May, 1806. All this at tlie camp of the 1st Battalion 18th IT. S. Infiintry, on Kock Creek, Colorado Territory, on or about the date above written."

To which cliarge and sjiecification the prisoner jtleaded as follows : "Guilty."

FiXDINO.

The Court, laaving maturely considered the evidence adducad, con- I firms the plea of the prisoner, and finds him as follows :

Of the Specification, " Guilty." Of the CHARGE, " Guilty."

>i^-

SKXTKNf'K.

And the Court does therefore sentence him, Newton Daria, Private Co. "G," 1st Battalion 18th U. S. Infantry, "To be confined at hard labor, under charge of the guard, during the remainder of his enlistment, with a ball and chain attached to his left leg, and to forfeit to the United States all pay that is or may become due him, and at the expiration of his enlistment to be dishonorably discharged the sen-ice."

Findings and sentence in the foregoing case are confirmed, except the wearing of ball and chain, which is in violation of orders of the War Department. On the recommendation of all the members of the Court, the sentence is hereby remitted, and the prisoner will be released from arrest and be returned to dut}', making good the time lost by the desertion and all expenses incurred in his apprehension.

^2., Carlton Toman, Private Co. 'G,' 1st Battalion IHtli V. S. Infantry, on the following charge and specification :

CHAROIC —"Desertion."

Specification—"In this; that he, Carlton Toman, Private Co. 'G,'lst Battalion 18th U. S. Infantry, having been duly enlisted in the service of the United States, did desert the said service on the seventeenth day of May, 18(36, and did remain absent until arrested on the eighteenth day of May, 1866." All this at the camp of the 1st Battalion 18tli U. S. Infantry, on Rock Creek, Colorado Territory, on or about the date above written.

To which charge and specification the prisoner pleaded as follows: " Guilty."

FINDING.

The Court, having maturely considered the evidence adduced, confirms the plea of the prisoner, and finds him as follows:

Of the Specification, "Guilty."

Of the CHARGE, " Guilty."

'ate anl ist- ■ to the >«." (

ept tlie the sed the

SKXXKNCK.

And the Court dot's tlicretbre seiitt'iice him, Car/ton Tomnn, Private Co. 'G,' l:?t Battalion 18th U. S. Infantry, " To be conjined at hard tabor, under charge of the guard, during the remainder of his enlist- iMid, with a hall and chain attached to his left leg, and to forfeit to

*<Ac United States all pag that is or miy become due him, and at the expiration of his enlistm'nt to be dixh(tnur(ihly discharged the service.'"^

1st the the ntil the 'ek,

Piiuliiigs and sentence in tiie tbregoini^ i-ase are continued, except tlm weariiiii; of ball and chain, which is in violation of orders of the W»r Department. On the recommendation of all the members of the Court,, the sentence is hereby remitted and the jirisoner will be released from. arrest and returned to duty, makiui^ good the time lost by the desertiou and all exj)enses incurred in his apprehension.

8. Peter Howard, Lance Corporal Co. "B," 1st Battalion 18th IT'S. Infantry, on the following charge and sjiccitication :

CHARGE — "'Conduct to the prejudice of go )d order and military dis-. cipline.'' .-^

Specification—"In this; that he, Peter Howard, Lance Corporal Co, "B," 1st Battalion 18th U. S. Infantrj'', having been regularly d'Jtailed for guard, and duly placed on guard to guard the bridge across the Platte river, did become intoxicated before he was regularly relieved, and while on duty as Corporal of the Guard." AH this at or near Denver City, Colorado Territory, on or about the lP)th day of May, 18Gi;.

To which charge and specification the ])risonor pleaded as follows: "Not Guiltv."

FlNUINCf. •IfToOiWfT

The Court having maturely considered the evidence adduced, fiads'the prisoner, Peter Howard, Lance Corporal Co. "B," 1st Battalion IHth P. S. Lifantry, as follows :

U'

Of the Specification, "Not Guilty."

Of the CHARGE, "Not Guilty."

And the Court does therefore acquit hiui, the said Peter Howard, Lance Corporal Co. "B," 1st Battalion 18th U. S. Infantry.

The proceedings and iindings are confirmed. The prisoner will be released from arrest and returned to dutv.

4. Edward W. House, Private Co. "B," 1st Battalion 18th U. S. Infantry, on the following charge and specification:

CHAROK—"Desertion."

Specification—"lu this; that he, Kdward W. House, Private Co. "B," - 1st Battalion 18th II. S. Infantry, having been duly enlisted in th« service of the United States Army, did desert the said service on or about the 18th day of May, 1866, and did remain absent therefrom until arrested on or about the 19th day of May, 18(;6." This at the camp of the 1st Battalion, 18th U. S. Infantry, on the march from Denver City, Colorado Territory, to Fort Laramie, Dacotah Territory, on or about the 18th day of May, 1866.

To which charge and specification the prisoner pleaded as follows:

To the Specification, " Guilty," except the words, " did remain absent therefrom until apprehended."

To the CHAROK, "Guilty."

FINDING.

The Court having maturely considered the evidence adduced, finds the prisoner, Edioard W. House, Private Co. "B," 1st Battalion 18th U. S. Infantry, as follows:

Of the Specification, " Guilty," except the words, " did remain abseut until apprehended."

Of the CHARGE, "Guiltv."

Ii«

SENTENCE.

And the Court does therefore sentence him, Edward W. Honsr,

Private Co. "B," 1st Battalion 18th U. S. Infantry, " To be confined at hard labor, in charge of the guard, during the reinainder of his enlist-

ment, ivlth a ball a)id chain, attached to his left leg, and to forfeit to the United States all pag that is or tnag become due him, and at the expiration of his etilistment to be dishonorably discharged the service.'''

Findings and sentence in the foregoing case are confirmed, except tlio wearing of ball and chain, which is in violation of orders of the War Department. On the recommendation of all the members of the Court, the sentence is hereby remitted, and the prisoner will be released from arrest and returned to duty, making good the time lost by the desertion, and all expenses incurred in his apjjrehension.

5. Samuel Malog, Private Co. '•H,"2nd U. S. Cavalry, on the following charge and specification :

CHARGK —" Desertion."

Specification—''lathis; that he, Samuel Malog, Private of Co. '" H," 2nd U. S. Cav'y, a duly enlisted soldier in the service of the United fcjtatos, did, on or about the 2oth day of March, ISfiS, absent himself from, and desert the service of the United States, at Pond's Creek Station, Smoky Hill Route, Kansas, and did remain so absent until arrested on or about the 26th day of March, 1866, at Grady Station, Colorado Territory, ninety miles west of Pond's Creek Station."

To which charge and specification the prisoner jdeaded as follows : "Guilty."

FINDING.

I The Court, having maturely considered the evidence adduced, confirms the plea of the prisoner, and finds him as follows :

Of the Specification, "Guilty."

Of the CHARGE, "Guilty."

'""'^ . v""^.

SKNTENCK.

And the Court does therefore sentence him, Samuel Maloy, Private Co. "H," 2nd U. S. Cavalry, " To he confined at hard labor, under ilie charge of the guard, for the remainder of his etilistnient, with a. ball and chain attached to his left leg, and to forfeit to the United States all pay that is or may become due hitn, and at the e.vjiiration. of his enlistment to be dishonorably discharged the service.''

Findings and sentence in the foregoing case are contirnicd, oxcej)t the wearing of ball and chain, which is in violation of orders of the War Department. On the recommendation of all the members of the Court, the sentence is hereby remitted, and the prisoner will be released from arrest and be returned to dut\', making good the time lost by the de- serrtion, and all expenses incurred in his apprehension.

(i. Frederick Darby, Private Co. " H," 2iid LT. IS. Cavalry, on the following charge and specification ;

CHARGE Desertion."

Specification—" In this; that he, i-^yTr^fric/i; i^ar^y, Private Co. "H," 2nd U. S. Cavalry, a duly enlisted soldier in the .service of the United States, did, on or about the olst day of October, 1865, al)- sent himself from, and desert the said service, and remained absent until arrested, on or about the 2t)th day of December, 1865.' This at St. Louis. IMis^ouri.

To which charge and sjiecirication the prisoner pleaded as follows :

To the Specification, " Guilty,"' except the words /' did desert said service."

To the CHARGE, "Not Guilty."

FiN'DIXG.

The Court, having maturely considered the evidence adduced, finds the prisoner, Frederick Darby, Private Co. " H," 2nd U. S. C.ivalry, a;< follows :

Of the Specijicatioji, " Guilty." Of the CHARGK, "Guilty."

SEXTKXCK.

And the Court does therefore sentence him, Frederick Darby, Private Co. "H," 2nd U. S. Cavalry, " To he confined at hard labor, in charge (if the guard, during the remainder of his enlistment, with a bait and chain attached to h^ left leg, and to forfeit to the United States all pay that is or may become due hitn, and at the expiration of his enlistment to be dishonorably discharged the service.^''

Findings and sentence in the foregoing case are confirmed, except the wearing of ball and chaii,, which is in violation of orders of the War De- l)artment. On the recommendation of all the members of the Court, the sentence is hereby remitted, and the prisoner will be released from arrest and returned to duty, making good the time lost by the desertion, and all expenses incurred in his apprehension.

7. Frank D. Russell, Lanco Sergeant and Private Co. "B,' 1st Bat- talion U. S. Infantry, on the following charge and s[)ecification :

CHARGE —'• Desertion."

Specip'ratinn—"In this; that he. Lance Sergeant Frank D. Russell, Private Co. "B,' 1st Battalion 18th U. S. Infantry, having been duly enlisted in the service of the Ignited States Army, did desert the said service on or about the cighteeTith day of May, IHOf], and did remain absent therefrom until arrested on or about the eighteenth day of Maj', 18(JG." This at the camp of the 1st Battalion 18th U. S. Infantry, on the march from Denver City, Colorado Territory, to Fort Laramie, Dacotah Territory, on or about the eighteenth day of iNCay, 186(3.

To which charge and specification the prisoner jdeaded as follows: "Guilty."

FlXDIXO.

The Court, having maturely considered the evidence adduced, finds

lif!

the prisoner, Lance Sergeant Frank D. liusaeU, Private Co. "B,' 1st Battalion 18tli U. S. Infantry, as follows :

Of the Specification, "Guilty." Of the CHARGE, " Guilty."

SKNTEX'CE.

And the Court does therefore sentence him, Lance Sergeant Frank D. /?/m-e;/. Private Co. "B," 1st Battalion 18th U.S. Infantry, ''To be reduced to the ranks as a private soldier, to be confined at hard labor, in charge of Hie guard, during the remainder of his enlistment, with a ball and chain attached to his left leg, and to forfeit to the United States all 2^ay that is or may become due him, and at the expiration of his enlistment to be dishonorably discharged and drummed out of thr

The findings and sentence in the foregoing case arc confirmed, hut owinp; to the previous good character of the a3cused, and his long confinement previous to trial, the sentence is herehy remitted, and the prisoner will he released from arrest and returned to duty, making good the time lost by the desertion and all expenses incurred in his apprehension.

8. John Dabb, Corporal Co. "E," 1st Battalion 18th U. S. Infantry, on the following charge and specification :

CriAiiGE—" Conduct prejudicial to good order and military discipline."

Specification—'"In this; that he, John Babb, Corporal Co. "E," 1st Battalion 18th U. S. Infantry, being detailed as Corporal of the Guard, did become so drunk as to be totally unfit for duty." All this at or near Denver City, Colorado Territory, on or about the second day of June, 1800.

To which charge and specification the prisoner pleaded as follows: '.'Not Guilty."

The Court, having maturely considered the evidence adduced, finds

% I

^

the prisoner, John Rabb, Corporal Co. "E," 1st Battalion 18th U. S. In- fantry', as follows :

Of the Specification, " Guilty." Of the CHARGE, " Guilty."

SKNTENTE.

f And tlie Court does therefore sentence him, John Babb, Corporal Co, '•£,"' 1st Battalion 18th U. S. Infantry, " To be reduced to the ranks of a private soldier, and to forfeit to the United States ten dollars {<p 10) iif his monthly pay, for the period of two months.

Findings and sentence are confirmed. The stoppage of pay will be made by the j)roper otKcer. The remainder of the sentence will be carried into effect under the direction of the Commanding Officer at Fort Laraniie, Dacotah Territory.

9. Charles Carroll, Private Co. " H," 2nd U.S. Cavalry, on the following charge and specification :

CHARGE— " Desertion."

Specification—"In this; that he, the said Charles Carroll, Private Co. " H,'" 2d U. S. Cavalry, a duly enlisted soldier in the service of the United States, did, on or about the 25th day of March, 1806, absent himself from, and desert the service of the United States, at Pond Creek Station, Smoky Hill Route, Kansas, and did remain so absent until arrested on or about the 2Gth day of March, 1866, at Grady Station, Colorado Territory, ninety miles west of Pond Creek Station.

To which charge and specification the pris^-ner pleaded as follows ; To the Specification.

To the CHARGE.

FINDING.

The Court having maturely considered the evidence adduced, finds the prisoner, Charles Carroll, Private Co. " H," 2d U. S. Cavalry, as follows:

10

l|!

Of the Specific a fio», " Guilt\'."

Of the CHARGE, "Guilty."

SEXTKNCK.

And the Court does therefore sentence liim, f'/ia/'les Carrol/, Private Co. "H," 2d U. S. Cavalry, "To be confined at fiard labor, in e/im-qe of f/tc (luard, durincf the remainder of his enlistment, with a ball and chain

'attached to his left le(i, and to forfeit to the United States all pay thai is or may become due him, and at the expiration of his enlistment to he

dishonorably discharged the serrice."

The ])roceedino;s, flndinijs and sentence in the foretjoinc; case are disapproved. The record does not show that tlio prisoner made any plea.

10. Charles Cook, Lance Sergeant and Private of Co. "B," 1st Bat-

talion 18th U. S. Infantry, on the following; charge and specification:

CHARGE I—"Desertion."

i I''' i '

Specif cation 1st—"In this; that he. Charles Cook, Lance Sergeant and Private Co. "B." 1st Battalion 18th L^. S. Infantry, having been duly enlisted in the service of the United States Army, did desert

• - ■ the said service on or about the 18th day of May, 1800, and did 9ai IV remain absent therefrom until arrested on or about the 18th day ' ■ of May, 1800." This at the camp of the 1st Battalion 18th U. S.

Infantry, on the march from Denver City, Colorado Territory, to «j UJ.^ jpfji-t Laramie, Dacotah Territory, on or about the 18th day of

-^'^^ ■ May, 1800.

To which charge and specification the prisoner pleaded as follows: "Guilty."

FINDING. \

The Court havin:: maturely considered the evidence adduced, confirms

the plea of the prisoner, and finds him as follows : Of the Specification, '' Guilty." Of the CHARGE, "Guilty.'''

11

SKXTENCK.

And tlie Court does therefore sentence him, Ijanc.e Serf/caid C/iarlcs (Uk, Co. "B," 1st Battalion 18th U. S. Infantry, ''To be reduced to ihc raiikn as a prirafe sofdier, fo be cunfined at hard labor, in charge of ihc qiinrd, for the remainder of his enlistment, with a ball and chain nffncliril to his left leg, and to forfeit to the United States all pay that in or may become dae him, and at the expiration of his enlistment to he dishonorabhf discharyeil the serrice..''

PM

Findings and sentence are contirmed. On the recommendation of all the members of the Court, tiie sentence is remitted, and the prisoner will be released from arrest and returned to dutv.

\J

11...The (Jcneral Court Martial, convened by iS. O. No. 182, First Series, 18:*;, from these Head Quarters, and of which Major -JAS. VAN

VoAST. 18th IT. S. Infantry, is President, is di.ssolved.

BY COMM.\M) OK MA.IOK GKKKKAL HANCOCK:

CHAUNCEY McKEEVER,

Assistant Adjutant (iencral.

OFFICIAL :

A

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t »

HEADQUARTERS, DKPARTAIEXT OF THE MISSOURI.

ST. LoT-rs. Mo.. Ortohp,- ^IfJi. ]RC,r,.

GENKRAL ORDKRS. 1

No. U. )

I-

I Before a General Court ]\rartial, convened at Fort Leavenwortli, Kansas, Ani^nst 13tli, 18<><K i)nrsn:int to Special Orders, No. 188, raraoTa[)]i 1, Series I, from these Head Quarters, and of wliicli C'apt.'iin :iiid Brevet LiiMilennnl- Colouel LKWIS ]\ri:UHii,r, Second United States (":iv;dry. is President, were ni'rniti'ned ami tried :

I FRANK SMITH, private of Comininy B, Foiirtli Ui;ile(l States Artillery, on the following charge? and specifications :

CUAUGH: FIKST :

'■' Desertion."

SI'E(TFICATION: -'111 this, that he, Frank Smith, private of Light Co. ■•B" 4th U. S. Artillery, a duly enlisted soldier in the service of the United State^i, having been regularly detailed, and mounted as a member of his Company guard, did leave his guard at about! o'clock, A. M., on the 29tli July, IHijfJ, and i)ro- <;ccded to the city of Leavcnworth. Kansas, with the intention of deserting the military service of the United Stales, when, having in some way been deprived of all his clothing, he was foiled in his ])urpo>c, and was, on tiie afternoon of iho same day found in a state of )ierfect nudity, with the exception of a pair of shoes upon his feet, on the road between the above named place and Fort Leaven worth, Kansas, by a citizen named "McUarly," by wliomhis nakedness was covered, and he, when taken into custody and brought back to the last named place,' where he was there arrested and confined bv sergeant John C. Bartel. of Light Co. "B," 4th U. S. Artillery. This, at or near Fort Leavenworlh, Kansas, on or about the '1%\\ dav of Julv, i8Gt;.-' ^

Cir,VKGK SECOND :

Si'EciFiCATiON : '• 111 tlii.-. Hint lie, Frank Smilh, private of Liglit Co. "B," 4th U. y. Artillciy, a duly CMilisted soldier in the U. S. service, did, on or about the 29th day of July, 1800, feloniously steal, take and carry .away two ('2) cjroy blani<ets, valued at seven ($7) dollars each ; onc(l j great coat,"valucd at fourteen dollars and fifty cents (Sl-^-50) ; one pair of boots, valued at four dollars (.$4.00); one pair trowsers, valued at five dollars and ninety cents ($5.90); one i)air stoctcings, valued at forty-eight conis ($0.48), government clothing, the ])ro}ierty of ])rivate John Williams, of Light Co. "JJ," 4tli U. S. Artillery ; and one sabre, belt and yilato, tlio projierty of the United iState?. This, at Fort Leavcnworth, Kansas, on or about the 29th day of July, 1800."

CHARGE THIRD :

" SclUfiff, 07' otherwise iinlaivfidly disposiiifi of (hirrrniDoit ClothuKj. iH^Hcd to libtisi'lf and nlhcrs."

SPKCIFICATIOX: "In this, that he, Frank Smith, ))rivate of Light Co. B, 4th U. S. Artillery, a duly enlisted soldier in the service of tlie United Stales, did take from his com})any quarters a bundle, supposed to contain two (2) gray blankets, valued at seven dollars ($7); one great coat, valued at fourteen and a half dollars ($14.50) ; one pair of boots, valued at four dollar? ($4) ; one pair of trowsers, valued at li\e dollars and ninety cents ($5.90), and one pair of stockings, valued at forty-eight cents, the property of private John Williams, of Light Co. B, 4th U. S. Artillery ; also, one pair of trowsers, valued at five dollars and ninet}' cents (S5.90), the property of })rivate Adolphus German, of the above-named company ; also, one forage cap, valued at one dollar ($1) ; one pair of trowsers. valued at five dollars and ninety cents (S5.90); one shirt, valued at two dollars and thirty-two cents ($2.82); one pair of drawers, valued at one dollar and sixty cents ($1.00); one pair of boots, valued at four dollars (4) ; two pairs of stockings, valued at forty-eight cents each, and two stable frocks, valued at two dollars and ten cents ($2.10) each, issued to liimself; and that ho did sell, or otherwise unlawfully dispose of them for his own benefit. This at Fort Leavcnworth, Kansas, on or about the 29th day of July. 1800."'

CHARGE FOURTH :

" CoJidnct prrjudici.al to good order and iiiilitari/ discipline."

Si'EciiaCATiox FIRST: ''Tn this, that he. Frank Smith. ]irivatc oi" Light Co. B, 4th U. S. Artillery, did, on the morning of the 29Lh of July. 1800, bori-ow one pair trowsers valued at five dollars and ninety cents ($5.90), tlie projierty of private Adolphus

German, of Light Co. B, 4th U. S. Artillery, and did sell, or otherwise unlawfully dispose of the same for his own use and benefit. This at Fort Leavcnworth, Kansas, on or about the date above specified."

Sf'KCiFiCATiON SECOND : •'Intiiis, that he. Frank Siiiiih, private of Light Co. B, 4th U. S. Artillery, did appear in broad daylight, on the })ublic highwa}-, ex|)osed to the view of all passec^-by. in a state of perfect nudity, with the exception of a pair "of shoes upon his feet. This at Fort Leavcnworth, Kansas, on or about the iMHh day of July, IBGC).

ADDITIOXAL CHAKGK :

'^Desertion."

SrECiKiCATiON : "In this, that lie, Frank Smith, private of Light Co. B, 4th U. S. Artillery, a duly enlisted soldier in the service of the United States, did desert the same, whilst in confinement uiulcr general charges, and did remain absent until aj^pre- licndcd at Lcii\enworth City, on or about the 30th day of Au- gust, ISCiC). This at Fort Leavcnworth. Kansas, on or about the '2iltii day of August, 18;;(i."

To iill ol'tthicli cliargoi and s|;ec'ilicalions the prisoner plendcd as follows: ".Voi" (i:iil/v."

The Court having maturely considered the evidence adduced, finds the prisoner, FUANK SMITH, private of Light Company B. Fourth United Slates Artillery, as follows:

Of the specification, first charge. " A'o/ Gn.l/i/." Of the charge first, '• Not Guilty.'" Of the specification, second charge, "G/ffV/j/. except the words, 'one

pair of boots valued at four ($4) dollars : one pair trowscrs valued at five dollars and ninety cents ($").'.)0); one pair stockings valued at forty-eight cents ($0.48); and one sabre bolt and jplate, the property of the United States.'"

Of the charge, "Ouilti/." Of the specification, third charge, '-N^it (1.(1 y." Of the charge, ''Not Guilty.'' Of the first specification, fourth charge, '' Not Gu.l'y." Of the second specification, foui'lh charge, ''Not Guily." Of the charge, "Not Guilly." Of the specification to the additional charge. " Gu.l'y." Of the additional charge, '• Guilty."

SENTENCE:

And the Court does therefore sentence him, FRANK SMITH, private of Light Battery B, Fourth United States Artillery, "to forfeit all pay and allowances iliat are now due, or thit may become due him, up to the promulgation of this sentence ; to be disJionorably discharged the service of the United States, and to be confined' in the Penitentiary, at such place as the General commanding the Department iimy uirrct, for the period of three (") yars."

Findings, and i-ieiiteuci mv api)rove(l. J'rivate FKAXK

S.AHTii. Light Jjatcyrv B, rourth I'liitt'il .States Artillery, is Ju'rein* (lisli;>ii(>ral)!y (lisclmrg-e;l the sorvi'-c of V)o United StutcH. Tiie stoppage of pay ^vil! 'K- made h\ the proper oflleer, deducting the just dues of the iaunlress. i'hv. scuitence of imprisonment will ]>.' carried into e'feet at t!ie Missouri State Penitentiary, Jelfersun Cit}', Missouri. Tiie c .Miiniaud- ing ollieer at Fort Leavenworth, Kansas, will cause the prisoner to be forwarded to Jeffersoji City, Missouri, an^t tui'ned over to the Warden of the State Penitentiary, who at the same time will be furnished with a copy of this order.

Hi^

II PKTEK WILLIAMS, private of Light Company B, Foiirtli United States Artillery, on the following charge and specification :

''Sleeping on j)ost."

Si'Kr-iKieATiON: "In this, that ho, Peter Williams, private of Light Co. B, 4th U. S. Artillery, being a member of the guard of Light Co. B, 4tli U. S. Artillery,"and ha\ing been duly ))0sted as a sentinel over the Park of the said Battery, did sleep on liis )iost. This at Fort Leavenworth, Kansas, on or about the evening' of September 20th, 18GG.'"

To which charge and speciticalion the ])risoncr pleaded as follows: *' Guilty.''

FINDING :

The Court, having maturely considered tlio cviderjcc confirm? the plea of llie prisorier, and finds hiiii as follows :

Of the specification, '-GnUtu.'' Of the cliarge. "G"il/y."

■r

1

SEXTKNCK:

And tlio Court doc; tliorcforo sontciu'c liiin, PKTKII AVII.I.I'AMS,

private of Liglit Coinjiivnv 15, Unite I Stnte^ Ariiliory, '■/o be. con- fmul at hard labor, in charrje of the r//i(f<I, for six (0) inonf/is:, and to jorfeit icn dollars ($10) per moni/i of his vionfhh/ pay for the same

period."

Kindinus and sentence are approved. r[)()n the unaiiiinous rceDnnnendatiou of the Court, based upon the previous u'ood (•li;ir:teter of the prisoner, so nnieh of the sentence as rehited to his confirienient, is hcreli}- remitted. The stoppage of pay wiU he made by tlie proper olficer. Tlie prisoiier will ))(• released from arrest and ndnnicd to (hiiw

111 TIKNKY BECK, sergeant of Company K, Tiiird United Slates Infantry, on the following charge and specification :

;

" Desertion.''

SPECIFICATION: "In tlii>:, that he, Ilcnn/ Beck, u sergeant of Co. "K," ord U. S. Infantry, a duly enlisted soldier in the service of the United State.-;, did desert said service on the 14lh day of July, 18()t), ho being at the said time sergeant of the guard, regularly mounted that day, and did not return until the '22nd day of September, ISGtJ, when lie surrendered himself. This at Fort Leaven worth, Kan-a.-, on or about the date above si)C- cificd."

To which charge and specification, the priionor pleaded a> follow.^:

To the 3]io:ifie.ition, "Jiti'lj/."

To the charge, "Not Guilty," but guilty of absence without leave.

I

I

The Court having maturely considered the evidence adduced, find him, HENRY BECK, sergeant Comjiany K, Tiiird United Slates In- fantry, as follows :

Of the specification, Cconfirms the plea of the jirisoner,) ''Gtilhj." Of the charge, ''Guilty."

SENTENCE:

And the Court does therefore sentence liim, IIENIIY BECK, sergeant Company K, Tiiird United States Infantrv, '' To hr reduced to the

'U^i'

ranks, to forfeit ten (§10) doJIars fcr month o//,?s monthly pui/ fur the period of si.c moniJis, and tu t>e confuted at hard labor for the period of six months."

Findings and ISOIIUMICC ail' approved, rpoutlu'rwomnu'iidation of a iiiajcmty of the members of the Court, based upon the i)rcvioiis good character of tlie prisoner, so nuich of the sentence as relates to his conllnemeut is ]ierel)y remitted. The stoppage of pay will be made ))y the proper officer. The remainder of the sentence will be cari'ied into effect under the direction of the commanding oflicer of his post. Tlic prisoner will be released from arrest and returned to duty.

IV AMMKD GRIT!s^•ER, Sceoiul Cla;;* Musiciiui of Uand Third United States Infantry, on tlic following cliarijjcs and .s|ic'cifiea- tions :

CHARGE KIK8T :

"Absence icithnut Icare."

SPi:( ii''n;ATiox: "In tin.-!, that ho, A/nmed Gritiner, iM class inusiciun of Band, ;?d U. S. Infantry, did. witliont loavo of liis commanding officer or jirojiei- authority, absent himself from liis band and regiment, and visit the city of Leavcnworth, Kansas. This at Fort Leavcnworth. Kansas, on orubont Soptcmhor .')th, 1806."

"Disobedience of order<."

SpEciKiCATiON FIRST : ••In this, that he, Anuned (Jril^ner, lid class musician of band Sd U. S. Infantry, while standing at a door connected with a drinking saloon, in the city of Leavonwortii. Kansas, and when ordered by 2d Lieut. Thos. S. Wallace, M U. S. Infantry, Acting Keginiental Adjutant, to come to him. did refuse to obey said order by running away."

SPECIFICATION SECOND: •'In this, that ho, Ammed Griinner, -M class musician of Band of 3d U. S. Infantry, while in tlie city of Leavcnworth, Kansas, after being ordered by 2d Lieut. Thos. S. Wallace, 3d U. S. Infantry, acting regimental adjutant, 'to come here,' and again ordered bj' Brevet Captain William Mitchell, 1st Lieut. 3d U. S. Infantry, 'to halt,'did refuse to obey said order b}' running away. This at the city of Leavcn- worth, Kansas, on or about September i")th, 18t]0."

f

To all of which rharL^os ami .<jiciMticati(ins the iirisonor ivleadc 1 as follows :

To tlic >iiocilu:atioii, i.-har^'o lil^^t, '• Gitiltji." To charge first, " GiiHty.'' To lirst specification, charge secoiul, " Sut Ciait/i/." To second spccilicalion, charge secoiul, '•Not (iuUhj.' To charge second, ••Not Gnilly.'"

The C'onrt, having maturely considered the evidence adduced, finds liini, AM.MKD (JKITSNKR, second class musician of Band Third United States Infantry, as follows:

Of s|iecification, charge first, confirms his plea. ■" (hdltij.'' Of charge tirst, confirms his |dea, " Guilty.'' Of specitication tirst, charge second, " Guilty.'' Of si)ecitication second, charge second, '■^ Not Guilty." Of chai'ge second. "Not Guilty."

SKNTKXCE:

And the Oourt does therefore sentence him, AMMKD GUIT.SNER,

second class musician of Band Third United States Infantry, '■"to forfeit fire doUam C$y) of his monthly pay for one month."

Fiiidiiios and scutriK-o art- nppi'ovod. 'V\w stc)i)[)ago of

pay will bi' luadi' l>y tlic proijcr ofKcor. 'I'lu- ])risi)iu'r will \n-

released from arrest and relnrned to diitw

V SAMUKL JENKINS, ]iii\ale Light Comjiany 15, Fourtli United States Artillery, on the following charges and specifications:

CllAKGE FIRST :

•• DciCi-tlon."

Si'KciKicATiON: "In this, that he, Samtiel Jenkins, private. Light V,o, B, 4th U. S. Artillery, a duly enlisted soldier in the service of the United States, did desert the same, and remain absent until apprehended by Lance Corporal Kichard L. Tea, of Light Co. B, 4th U. S. Artillery. This at Fort Leavenworth, Kansas, on or about the Uth day of September, 180(5."

,/i

m

U'i

•• ThelL"

iSi'KCiFiCATiON: "In iliis, tliat Samuel Jc.yikins, ])rivate of Light Co. B, 4th U. S. Artillcrv, did stoiil, take and carry awny from his company quarter*, witii inlont to appropriate the same to his own use, one uniform overcoat, and cue uniform jacket, the property of private Henry Spiese, of Liglit Co. I>, 4tli U. S. Ar- tillery, Also, one rubber coat, the property of private John Willie, of Liglit Co. B, 4lh 17. S, Artillery. Also, one stable frock, the propirt3' of private Edwar<l liintertluu', of Light Co. B, 4th U. S. Artillery. Also, one pair of uniform trowsers, the property of private Alfred Thomas, of Light Co. B, 4th U. S. Artil!er\'. This at Fort Leaven worth, Kansas, on or about the 9th day of September, 1866."

To all of which charges and specitications the prisonei- pleaded as follows:

To the specification, first charge, '■•Not Guithj.'' To the first charge, ^^ Not Guilty.'' To the specification, second charge, ''Guilt;/,'' except the words :

"Also, one pair of trowsers, the property of piivate Alfred Thomas, of Light Co. B, 4th U. S. Artillery."

To the second charge. " Guilly."

The Court having maturely considered the evidence adduced, finds the prisoner, private SAMUKL JENKINS, of Light Company B, Fourth United States Artillery, as fcdlows :

Of the specification, first charge, ''Xot Guilty." Of the fir.'^t charge, " Ao< Guilty.'' Of the specification, second charge, '• Guilty." Of the second charge, " Guiily."

SEMEXDK ;

And the Coiu't does therefore sentence him, S.VMUKL JENKINS.

private of Light Company B, Fourth Unitel State? Artillery, ''io forfeit all pay now due or that may become due him; to be dishonorably discharged the service of the United States, and to be confined in such penitentiary as the Comma':ding General may direct, for the period of one year."

Findings and sentence are approved. IVixate S.v.vu KL JEN-

KINS, of Liiiiit Company B. Fourth I'nited States .\rlillery.

-r

is hevc'l)}' (lislionornMy discliar^vd fiuui the siTvii-o of the

riuU'd StuU'S. The stop[)ii<;e oC pay will 1>o made 1»y tlii'

l)r()[)ei' otlieei", dediu'tinu" the just dues of the huiudress. 'Vhv

sentence of iinprisoiuiieut will be earried into etfeet at the

Missouri State IVnitentiary, Jetferson City, ^llssouri. 'i"he

coiiimandinu" otiieer at Fort Leavenworlh, Kansas, will cause

Ihc i)risoner to l)c forwarded to Jefferson City. >Iissouri, and

tiiriu'dover to the Warden of the State Penitentiary, wlio, at

Uio suiue time, will be i'lU'uishcd with a copy of this ordei-.

VI ^Vll.[.l^M FiuicND, i)rivulo of (Joiiipaiiy C», Socuml United Slulos Cavalry, on tlic following; ohargo aiul spociricalion :

CllAUGE :

I «

r

"Xi girrt of diiii/."

Si'KCiKicATiox : "In i\)\<. that iif^, Witlicm C. Friend. i)rivate of Co. •G," 'Jnd U. >S. Cavalry, liaving been rci^iiilarly detailed for i^uai'd, and ])o>tod as a sentinel over )iiisoiier.s on garrison faligiic duty, did permit one of them, named AVillinm Staley, private Co.''vB," iBlli U. S. Infantry, to escnpc. This at Jj'ort Leavonworth. Kan«:is, on or about the l>t dav of September, 186G."

To which clinrge and specification, the I'visoiier iilcadel as follows: ''Not Gnilly."

Fl.NDINCi :

The Court, having niat;u-cly eonsidcrod thcevidencc adducc^l, linds the prisoner, WILLIAM C. FRIKNP. yirivate Comjiany G. Pecond United States Cavalry, as follows :

Of the specification. "Ouil/i/." Of t'no charge, '•Gnilfi/."

SE.NTK.NCIi :

And the Court does therefore sentence him, WILLI.VM C. FRIKND,

private of Company G, Second United States Cavalry, " To break stones, under charge of the guard, daily from reveille to retreat {Sun- days cxccptcd), for the period of six wonlhs, alloicing one hour at 7100/1 for dinner: nnd to forfeit tothc United Slates ten ($10) dollars per riion^li of his monlhhi pay for samr period."

10

Mk

Finding's and sentence are approved. The stoppage of pay

will be made l)y the propin- otHeer. 'I'hi' remainder of the

sentence will he eari'ied into effect under the direction of the

commanding officer at Fort Leavenworth. Kansas,

Vll MuRKis "V'AXDEUI'OOI., i>iiviito ol' Light Coujpany w n, Foiirtii CJaitod Stales Artillery, on the Ibllowiug charge and specification :

" Violation of t/ic Ticcniy-tkinl h.rl.ic'c of War."

SPKciFiCyVTiox: "In lliis, that he, Morris Va/iderpou/, private of Light Co. "J5," 4th U. S. Artilh^ry, did advise and persuade Samuel Jenkins, privatoof Light Co. "Ji," 4th U. S. Artillery, a duly enlisted soldier in the service of the UnitoJ States, to desert the same. This at Fort Leavenworth, Kansas, on or about the 'Jth day of September, ISIiO."

To wliioh charge and specification the prisoner |iK):i(li' 1 a^- rnll()\\>. "A'o^ (hiiUy.''

FIM)IX(; :

The Court having maturely considei'cd the e\iilence adilucctl. liiuh the [)risoner, MORRIS VANDKRI'OOI., private of Light Comjiany J5. Fourth United States Artillery, as follows :

Of the specification, ''Not Guilty." Of tlio charge, ''Not Guilty."

And the Court does therefore ac(iuit him, MORRIS VA>ji>KKrnoL. private of Light Company B, Fourth United States Artillcrv.

The jiroeeedings and finch'ngs are approxcd. Tlie prisoner

will he released from arrest and returned to (lut\-.

ynr Jon.v FINN, jirivato of Company C, Third L'nitL'il • States Infantry, on the following charges and specifications :

CnARQE FIRST :

'•Alt em pi to lill.'

SrECiFiCATioN': ••In this that John Finn, private of Co. C. od U. ''^• Infanti'y, did lire and discharge a loadol ritie or nuiskot at

11

private John Regan, of Co. C, od U. S. Infantry, with intent to kill, the hall grazini: said Ket:;an's liair ; and did threaten and say, while ho was heint; disarmed hy 1st Sergeant Nicholas Harper, 'I kill you, Kegan, anyhow;' whereupon he went to the Company's (juarters, and did yirofure and load another musket or ritlo. This at Fort Lcavenworth, Kanssas, on or about the 2"2d day of September, lH(>ij."'

ClIAUGK SKCOND :

'■ CondKrt to (he /irrjtiilicc of good order niul inilUitrii dii<ciptinr."

SPKCIFICATION : "In this, tluit he, Jolui Fiiui, private of Co. C, 3d U. S. Infantry, did refuse to deliver up his belts to First Ser- geant Nicholas Harper, of Co. C, 3d U. S. Inf ry, when ordered to do so hy said Sergeant; also saying that he would not obey his orders. This at Fort Leavcnworth. Kansas, on or abcut the 22d day of September, 18(JC).

To all of which charges and spe.'illcations the prisoner jdcaded as follows: ''Not Gnlll}/.''

The Court having maturely considered ihc evidence adduced, finds the prisoner, JOHN FIXK, i^rivato of Company C, Tliird Ignited States Infantry, as follows:

Of specittcation, charge tirst, '-AW Onllhj.'' Of charge tirst, ''Not Guilty/^ Of spocitication, charge second, •■A'(./ Giiih)/." Of charge second, ''■Not Gnilly.''

And tiie Court does therefore acquit him. the said JOHN FINN, pri- ViUo of Company C, Third United States Infantry.

'I'lic proce'cclings :uul liudiiigs :u\' ;ii)i)n)\ od. Tlu' prisoiuT.

•ItiiiN FINN, private of Company ('. Tliinl I'liited StaU-s In-

t'luitiv. will lie vcloascMl from arvost ami vctunii'd to diitv.

IX HLRMIAM HOLMES, corporal of Company E, Second " Hattalio!!, Seventeenth United States Infantry, on the following

tliargc and specification :

J^

"Xr'gleet of Dull/."

Si'KciFiCATiox: •■In this, that he, linrnhmx Hohixs, corporal of Co. ■'E,"'2nd Hat. 17th U. S. Infantry, did, while acting sergeant

]2

fi

of the <;u:u-<l of the post at Fort Leuvcnwortii, Kansas, permit a prisoner to escafjcfrom hi.'; charge. All this at the placoabove .^jieeifieil, and on the 17th day of Sei)toniber, 1800."

To wliicii charge and sjccification the ]>rif:oner pleaded a* follows: ^Xot Gil ill)/."

The C'oui't, having maturely con.^idered the evidence adduced, iiiuL- thc jirisoncr, HriiMiAM IIOI.MKS. corporal of Company E, .'r'eciiiKl Battalion h'eventcenth United .States Infantry, as follow- .-

Of the specification, ^'Nvl Gnilly.'' Of the charge, "Ao/ Gid.tij.''

And the Court docs therefore acquit him, the saiil UL'K.NUAM

Hor.MKS, corporal of Company JC, Second Entlalion Seventeenth Unitc;l Statei Infantry.

TJie proceedings aiul iiiuliiio-.s are a])pro\e(l. 'I'lie pris(;jR'r will be releaseil from arrest and returned to (\n{\.

X JAME?. W/.DDEL, jjrivate of Comjiany 1), Second iiattalion, Eighteenth United State? Infantry, on the following chai'ge and specification :

CUARGE:

■■ Nerjlect of duti/."

>;"P:('IFTCATIOX: "In this, that he, James W:tddel, private of Co. I). 2d Bat. 18th U. S. Infantry, having been regularly detaiicl and mounted for guard, and posted as a sentinel over two prisoner?, privates Jones, Co. A, 2d Cavalry, and Samples, recruit I8th Infantry, did permit said prisoners to escape from him \vliil>I they were performing garrison fatigue duty. This at Eort Leavenw'orth, Kansas, on or about the third dav of September, ISOG."

To which charge and specification tiic prisoner pleaded as follows: " Ao/ (rUlI/IJ."

yixDixG:

The Court, having maturely considereil the evidence adduced, finds him, JAMES WADDKL, private of Company 1), Second Battalion, Eighteenth United States Infantry, as follows :

Of the specification, " Guiliy." Of tlie charge, " Gmhv-''

\

SKNTENX'E :

And the Court does therefore sentence him. JAMES WADDEL,

private of Company D, Second Battalion, Eighteenth United States Infantry, "'o be kept in cJose confinement, on bread and water diet for seven (7) days : to break rock in charge of the guard from reveille till retreat each day (Sunday c.rcepled), allowing one hour foi- dinner, for one month, and to forfeit ten <follflrs (J^ION ..r ;,;^ p^y for three (3) months."

Findings and sentt'iK-e aiv ai)pi(>V('(l. Tliat [)orti()ii of tlio sentence relating to forfeiture of pay being expressed in vasjuc terms, will l>o construed as to read, '* to forfeit ten dollars ($1U) of his pay." The stoppage of pay will bo made by the proper otlicer. The remainder of his sentenee will b(> carried into execution under the direction of the coninianding officer at Fort Leavenworth. Kansas.

XI MICHAEL WALSH, private of Light Company B,Fourth United States Artillery, on the following charges and specifications :

CHARGE FIRST :

4 •

"^Desertion."

SPKCIKICATION: '>In this, that he, Michael Walah, private of Light Co. B. 4th TJ. S. Artillery, a duly enlisted soldier in the service of the United States, did desert the same at Fort Leavenworth, Kansas, on or about the 2Hth day of August, iMi'ifl, being appre- licnded at or near the 'Nino Mile House," on the road between Leavenworth City and Easton, Kansas, on or about tlio day following, and this after ))rivate Walsh had delivered himself up as a double deserter at Fort Leavenworth, Kansas, on or about the 7th day of August, 18(56. This at the places and on or about the times above specified."

CHARGE SECOND:

'^ Theft:'

Si'EciKiCATiON: "In this, that he, Michael Walsh, private of Light Co. B, 4th U. S. Artillery, did feloniously steal, take, and carr^' away from the Company's (juarters. with the intent to ap]iro- priatc to his own use, one violin valued at thirtv-fivc dollars. (S:'-').0O). the property of Light Co. B, 4th U. S. Artillery. This at Fort Lcavenworlh. Katisas. on or iibout the 28th day uf Au- gust. ISflC."

,/ii

■ffliiiii^'*

(JJIAIltiE TUIHD:

" Condacl to Ur pvejudia of good order and military di<ciplinc."

SPECIFICATION^ : '-In this, that Michael Wala/i, ])rivatc Light Co. B, 4th U. S. Artillorv, a deserter from the military service of the United State?, did forcibly resist his arrest, and did lift up and oast a stone at Sergeant John Gallagher, of Light Co. B, 4th U. S. Artillery, while he, Sergeant Gallagher, was in the execution of his office. This at or near the Nine Mile House, between Leavenworth Citv and Easton, Kansas, on or about the 29th of August, 1800." -

To all of which charges and siiecilications the jirisoncr ]deade(l ns follows: "Not Gi'ilti/."

FINDINCi :

The Court having maturely considered the evidence adduced, finJs the prisoner, MICHAL WALSH, private of Light Comjiany B, 4th United States Artiller}', as follows :

Of the specification, first charge, '• Guilty.'' Of the first charge, " Guilty." Of the specification, second charge, " Guilty." Of the second charge, " Guilty." Of the specification, third charge, ■' OuiUy." Of the third charge, " Guilty."

SEXTKNCK:

And the Court docs therefore sentence him, MICHAKI. WAI.SII, private of Light Company B, Fourth United Stales Artillery, '■•toforfeit all pay or allowances that are or may become due him up to the promulgation of his sentence: to be dishonorably discharged from the service of the I'nited Stales, and to be conjined in the pcnitentiarij at such place as the General COIK-

manding the Deparltncnt may direct for the period of three (3) years."

FiiKlino's .'111(1 sentence arc approved. I'rivati^ MICIIAKI-

WALSH, of Liiiiit Company !>, Fourth I'nited States Artillery,

is liere1)y flislionorabjy discharu'ecl from tlie ser\ ice of the

Fnited States. The sto])])ao'c of i)ay will he made liy tiie

proper otticer. dednctiiio'the just (hies of the laiiiidi'css. Tlx'

sentence of iin|)risoninent Avill he c.irrit'tj into eltecf a1 tiie

Missonri State Feiiitentiary, Jelferson City. .Missouri. Tlic

comir"udino' otlicer at Fort Leavenworth. Kansas, will cause

1.")

the piisuiicf to be lurwarded to Jetlorsou City, JMissonri, and

tiiraed over to tlio AVavdtMi of the State Penitentiary, who.

;it tlif same time, will l»o fuiMiished with a copy of this order.

XII PATRICK COLLINS, private of Light Company B, Foui'tli Uiiitf.tl States Artillery, on the following charge and specifi- I'ution :

'■' Dnntkeiicus on Dtdii."

Si'KCiKiCATioN : "In this, that he, I'atj-ick Colli)ifi, of Light Co. "B," 4lh U. S. Artillery', was, while on duty as a sentinel of the guard and posted on ^'o. 1 post. dr>ink on dutj* and unable to perform said duty. All this at Fort Lcavonworth, Kansas, on the 17th day of September, IBtiH."

To which charge and specification the prisoner pleaded as follows : ''Xnt Giiilti/."

The Court, having maturely considerei the evidence adduced, flndg him, PATRICK COLLINS, private of Light Company B, Fourth United .States Artillery, as follows :

Of the *pecification. •'G'nilli/.'' Of the charge. •'Gnilti/."

SENT KM;K :

And the Court docs therefore sentence him, private PATRICK COL-

LINS, of Light Company B, Fourth Unitol States Artillery, '- To he confined in the (junid liou^e at police lalior for the period of one (1) month."

r Fiudinos and sentence are api)rovi'd. The sentence will

^1 ^ ''^^ carried into effect nn(h'i' the difeclion of the commanding ntticor at Fort Loavcinvorlh. Kansas.

^m DANIEL KAUCLIKKE, recruit Fifth United States liitantry, on the following charge and specification :

J\\

10

^'Deseytioii."'

SPKCIFICATIOX : '-111 this, tliat Daniel Radcliffe, an iinasjigned recruit of the 5th U.S. Inf y, did desert from a detachment of recruits of the 5th U.S. Inf'y, fifteen (15) miles west of Fort Kiley, Kansas, on or about Juno '29th, 18(j6, while en route to join the regiment, and did remain absent until appreiiended and delivered at Fort Leavenwortli, Kansas, on or about Julv 5th, 186G, thirty dollars ($:]0) being paid for his apprehension.

To which charge and specification tho prisoner pleaded as follows: "Not Guilt!j."

I The Court ha\ing maturely considered tho evidence adduced, finds

him, DANIEL RADCLIFFE, recruit Fifth United States Infantry, iis follows :

Of the specification, "Not Guilt//." Of the charge^ "Not Guilti/."

And the Court does therefore acquit him. the said DAMKL IIAP-

OLiFFE, recruit Fifth United States Infantry.

The proceedings uiid liiidiiitis are disa|)l)l•o^ed. The evi-

dence in this case clearly proves that the pi'isoner was al)seiil

without leave; he should lunc lieen found auiltv an<l sen-

tenced aceoi'dingly. As it is inii)ractical>le 1o re-eoiivoMc

the Court for i-econsideration of the tindings. the prisoner

there]>y escapes punishment. lie will be released (Voni ar-

rest and I'cturned to duty.

XIV HKNRY KEN'NKDV, musician of Company B, Third United States Infantry, on the following charge and sporification :

CHARGE:

"Desertion."

SPECIFICATION: 'Tn this that he, nenri/ Kennedij, musician of Co. B, .Sd U. S. Tnf'y, being duly enlisted in the'service of the United States, did desert said service, and did remain absent until ho surrendered himself at Leavenwortli Citv, Kansas, on or about the .^Oth day of August, IBfiC. This on'or about the 15th day of Julv, 18(it!, at Fort Lamed Kansas.''

M

17

To which charge and specification the prisoner pleaded as follows

To the specification, "Ouilii/." To the charge, ^'Not Guilty," but guilt}' of absence without leave.

The Court, having maturely considered the case, finds the prisoner, musician HKNRY KENNKDY, Company B, Third United States In- fantry, as follows:

Of the specification. "Guilty." Of the charge, "Guilty."

SENTKNCK:

And the Court does therefore sentence him, HENRY KKNNKDY, musician Company B, Third United Slate? Infantry, " To be dishonorably discharged from the aervice of the United States."

The proceedinos and liiidinss are approvetl. Tlio sentence is disapproved. It is not understood why tills soldier should be discharged tlie serA'ice. lie will make goc^d the time lost by desertion and all expenses incurred in his api)i'ehension. be released fi'om arrest and returned to duty.

XV EDWARD W. BROWN, private Light Company B, Fourth United States Artillery, on the following charge and specification :

••Theft."

I SPECIFICATION : "In this, that he, Edward \V. Broicn. private of Light Co. "B," 4th U. S. Artillery, did feloniously steal, take and carry away from the quarters of the above named Company,

M A and did conceal with the intention of selling, or otherwise dis- ' posing of for his own benefit, one pair of boots, valued at four

(J) dollars, the property of private Preston J. Swan, of Light Co. "B," 4th U. S. Artillery. This at Fort Leavenworth, Kansas, on or about the 12th day of August, 1866."

To which charge and specification the prisoner pleaded as follows : "Ouilty."

18

FINDING ;


Of specification, "Ouilti/." Of charge, ''Guilli/."

SKNTENCB:

And the Court does therefore sentence him. the said EDWARD W.

BROWN, private Light Company B, Fourth United States Artillery, to forfeit all jiai/ and allowances now due, and that may become due him, to be con-

Jined at hard labor in charge of the guard, for one calendar month, and then be dishonorably discharged the service of the Cnited Slates, by drumming out of the

Garrison, having attached to his back a placard bearing the word " Titief," in

letters not less than six inches long.

The proceedings, fiiidinirs. and sentence are approved. The sentence will be carried into etiect nnder the direction of the Connnanding OfHcer at Fort Leavenwortli, Kansas.

The General Court Martial convened hy Special Order No. 188, cnrrent series, from these Headquarters, and of which Brevet Lieutenant Colonel LEWIS JMEKRILT,, Captain Second United States Cavalry, is I'resident. is hereby dissolved.

Bv COMMAND OV MA./OR GKNKKAI. HANCOCK.

CHAUNCEY McKEEVER, Assistant Adjutant General.

OKFICIAI -V^ LX

HEAD QUARTERS, DEPARTMENT OF THE MISSOURI,

ST. LOUIS, MO., October 2Sth, 18G0.

GENERAL ORDERS, "j

No. 15. J

I Before a General Court Martial, convened at Jefferson Barracks, jNIissouri, September 24tli, IHCG, pursuant to Special Orders, No. 23, Paragraph 1, Current Series, from these Head Quarters, and of Avhich Bre\'et Brigadier General B. L. E. BONNEVILLE, United States Army, is Presi- dent, were arraigned and tried :

I JOSEPH ARCHAMBADLT, private of Company E, United States Engineer Battalion, on the following charge and specilication :

" Desertion."

SPECIKICATION: "In this, that he, private Joseph Archamhanlt, of Company E, U. S. Engineer Battalion, having heen duly on- listed in the service of the United States, did ahsent himself and desert the same, on or about the 11th of August, 1866, and remain absent until arrested on the 20th of September, 1866, at Carhnville, 111.

To which charge and specification the prisoner pleaded "Guilty."

FINDING:

The Court having maturely considered the case, confirms the plea of the prisoner, and finds him as follows :

Of the specification, "Guilty." Of the charge, " Guilty."

SENTENCE:

And the Court does therefore sentence him, JOSEPH ARCHAM-

BAXJLT, private of Company E, United States Engineer Battalion, *' to forfeit all pay and allowances which are, or may become due him, to be dishonorably discharged the service of the United States, and to be confined at hard labor for two years at Fort Jefferson, Florida."

Findings and sentence are approved. Private JOSEPH AKCU-

AMBAULT, of Company E, United States Engineer Battalion, is hereb}' dishonorabl}' discharged the service of the United States. The stoppage of pay Avill be made by the proi)er officer, deducting the just dues of tlie laundress. In compliance with instructions from the Adjutant General, United States Arm}', the sentence of imprisonment will be carried into effect at Fort Jefferson, Florida, to which place the prisoner will be sent, under a suitable guard, via New Orleans.

II HENRY LKNINO, private of Company E, United States Engineer Battalion, on the following charge and specification :

CHARGE:

" Desertion."

SPECIFICATION: "'In this, that he, private Henry Lcning, of Co. E, U. S. Engineer Battalion, did absent himself and desert the service of the United States, on or about the 11th of August, 186G, and did remain absent until on or about the 18th of Sep- tember, the date of his voluntary surrender, at his Company. This at the Engineer Depot, Jelierson Barracks, Missouri."

To which charge and specification the prisoner pleaded "Guilty."

The Court having maturely considered the case, confirms the pie* of the prisoner, and finds him as follows:

Of the specification, " Guilty.'" Of the charge, "Guilty."

SENTENCE:

And the Court does therefore sentence him, HENRY LENING, private of Company E, United States Engineer Battalion, '•' to forfeit

all poy and allowances, for the pei-iod of six inonihs, and to be confined at hard labor, under chaige of the guard at the Engineer Depot, at Jefferson Barracks, Missouri, for the same period." The Court is thus lenient ill consideration of the voluntary surrender of the prisoner.

Findings and sentence are approved. The stoppage of pay will be. made by the proj^er officer, deducting the just dues of the laundress. The sentence of imprisonment will be carried into effect under the direction of the commanding officer of the Engineer Depot, at Jefferson Barracks, Missouri.

Ill ....;X)RRIN D. OLXKY, private of Company E. United States Engineer Battalion, on the following charge and specification :

'^Abvence without leave."

SPKCIKICATION : '"In this, that he. private Orrin D. Olney, of Com- pany E, U. S. Engineer Battalion, was absent from his company without permission from proper authority, from July 14th, 1866, until Sejitember Kith, 1866, when he was returned to his company, after voluntaril}' giving himself up. This at the Engineer Depot. Jefferson Barracks, Missouri."

To which charge and specification the prisoner pleaded " Guilty."

14


Of the specification, "Guilty." Of the charge, '^Guilty."

SENTENCE

And the Court does therefore sentence him, ORRIX D. OLNET,

private Company E, United States Engineer Battalion, " to forfeit (ill pay and allowances for the period of six months, and to be confined at hard labor under charge of the guard at the Engineer Depot, at Jefferson Barracks, Missouri, for the same period."

Findings and sentence are approved. The stoppage of pay will he made by the proper officer, deducting the just dues of

the laundress. The sentence of imprisonment will be carried into effect under the direction of the Commanding Officer of the Engineer Depot at Jefferson Barracks, Missouri.

IV ABNER PATTEB, private, Co. E, U. S. Engineer Bat- talion, on the following charge and specification :

" Absence without leave. "

SPECIFICATION : " In this, that he, private Abner Pattee, of Co. E, U. S. Engineer Battalion, was absent from his company without permission from proper authority, from 8 o'clock p. M. on the 14th of August, 1866, until 6 o'clock A. M. on the 15th of August, 1866. This at the Engineer Depot, at Jefferson Bar- racks, Missouri."

To which charge and specification the prisoner pleaded " Guilty."


Of the specification, ^\Guilty.''' Of the charge, " Guilty."

SENTENCE:

And the Court does therefore sentence him, ABNER PATTEK, private Company E, United States Engineer Battalion, ^Ho forfeit thirteen dollars of his pay, and to be confined at hard labor under charge of the guard at the Engineer Depot, at Jefferson Barracks, Missouri, for thirty days."

Findings and sentence are approved. The stoppage of pay, of thirteen dollars for one month, will be made by the proper officer. The sentence of imprisonment will be carried into effect under the direction of the commanding officer of the Engineer Depot, at Jefferson Barracks, Missouri.

V CHARLES JOHNESE, private of Company E, United States Engineer Battalion, on the following charge and sp«cificatioH:

at-

\.

CHARGE:

^'^ Absence witJioiit leave."

SPECIFICATION: "In this, that he, private Charles Johnese, of Co. E, U. S. Enajineer Battalion, was absent from his company without permission from proper autliority from 8 o'clock p. M. on the 14th of August, 186B, until 11 o'clock p. M. on the 15th of August, 1866. This at the Engineer Dejiot, at Jctlerson Bar- racks, Missouri."

To which charge and specification the prisoner pleaded '■^ Not Guilty."

The Court, having maturely considered the evidence adduced, finds the prisoner, CHARLES JOHNESE, private Company E, United States Engineer Battalion, as follows :

Of the specification, ^'Not Guilty.'" Of the charge, "A^o< Onilty.'^

And the Court does therefore acquit hini.

The proceedings and finding are approved. The prisoner will be released from arrest, and returned to duty.

VI EMERSON D. BABCOCK, Sergeant of Light Battery C, Third United States Artillery, on the following charge and specification :

CHARGE:

" Conduct to the prejudice of good order and military discipline.'^

SPECIFICATION: "In this, that he. Sergeant Emerson D. Babcock, of Light Battery C, 3d U. S. Artillery, after having been refused a pass by the First Sergeant of the Battery, 1st Sergeant John McManus. did cause or permit his nnme to be inserted on a pass granted to another enlisted man, after its signature by the First Sergeant, and did. upon such pass, unauthorizedly leave his company and post for about twenty-four hours. This at Jefferson Rarracks, Missouri, on or about the 22d dav of Sep- tember, 1806."

To which charge and specification the prisoner pleaded as follows : "Not Guilty."

1 U/

TJie. Court, having maturely considered the evidence, finds the prisoner, EMERSOX D. BAUCOCK, Sergeant of Light-Battery C, Third U-nited States Artillery, as follows: '■ '■■ , ,0f the specification, " Guilty."

Of the charge, " Guilty."

SENTEXCK:

And the Court does therefore sentence him, EMERSON 1). BAB-

COCK, Sergeant of Light Battery C, Third United States Artillery, "^ forff.it ten ($10) dollars of his pay."

The Court is thus lenient in consideration of some niisapprehension oh" the part of the prisoner in regard to the validity of the pass upon which he left his post.

The stoppage of viz., ten dollars of

Findings and sentence are approved, pay will be made by the proper officer, his monthly pay for one month,

rfio-^i'iq mil' ;s4((^w.; ' >yn^ ^d'l

VIt..'......*..V.JoHN MILLER, private Light BattiSry C, "third United States Artillery, on the following charge and specification :

t '■lfi,if10 k'i;

Desertion.'

SPKCIFICATION: "In this, that he, private John Miller, of Light Battery C, 3d U. S. Artillery, a duly enlisted soldier in the service of the United States, did, on or about the 22d day of June, 18G6, absent himself from and desert said service, and remain absent until arrested on or about the 30th day of July, 1866. Ttiis at Jefferson Barracks, Missouri."

To which charge and specification the prisoner pleaded as follows: " Not Guilty."

The Court, having maturely considered the evidence adduced, finds the prisoner, private JOHN MILLER, of Light Battery C, Third United States Artillery:

Of the specification, ^^ Guilty," except the words, "and desert." Of the charge, "Not Guilty," but "Guilty of absetiQc without

leave."

p

SKNTKNCK:

And the Court does therefore sentence him, JOHN MILLKR, private of Light Battery C, Third United States Artillery, " to forfeit all my and allowances now due him." The Court is thus lenient in consideration of the mental incompetency of the prisoner, and his evident inabilitv to comprehend the nature of the oHence committed by him, and accordingly recommends his discharge from the service.

Findings and sentence nre approved. So much of the sentence as relates to the discharge of the prisoner is hereby remitted. The stoppage of pay Avill be made bj' the proper officer, deducting tlie just dues of tlie laundress. The prisoner will be released from arrest, and returned to duty.

VIII CHAKLES FLYNN, private Battery C, Third United States Artillery, on the following charge and specification :

"Disobeying the lawful command of his superior officer,"

SPKOIFFCATION : "In this, that he, private Charles Flynn, of Light Battery C, 3d U. S. Artillery, having been ordered by his superior officer, Brevet Colonel H. G. Gibson, Captain 3d U. S. Artillery, at the payment of his Battery, to pay the Sutler the amount of his indebtedness, not exceeding one-half of his monthly pay, as prescribed by Par. 217, Army Regulations, 18G3, did refuse and fail to do so. This at Jefferson Barracks, Missouri, on or about the 22d day of September, 18()G."

To which charge and specification the prisoner pleaded as follows: "Not Gtiilty."

FINDING:

The Court, having maturely considered the evidence adduced, finds the prisoner, CHARLES FLYNN, private of Light Battery C, Third United States Artillery, as follows;

Of the specification, "Guilty.' except the words 'not exceeding one-half his monthly pay, as prescribed by Paragraph 217, Army Regulations, 1863.' "

Of the charge, "Not Guilty.''

And the Court does therefore acquit him.

r L- III

The proceedings :m(l fiuclings are clisa|)pro\'ed. They are irreguhir in this, that the Court found the prisoner guilty of part of the specification, and omitted to state that it attached no criminality thereto. (Sec HOLT'S Digest, Page 106, Paragraph 2.) The prisoner will be released from arrest and returned to duty.

■w

IX FRANCIS CLARKE, private of Light Battery C, Third United States Artillery, on the following charge and specification :

"Conduct to the pi-ejudice of good order and military discipline."

SPECIFICATION: "In this, that he, Francis Clarke, private of Light Battery C, ord U. S. Artillery, did use abusive language towards Sergeant Henry Grieves, of same Companj-, saying: 'Damn you, what business had you to speak to me about my gloves at guard mounting? You have a spite against me, and you are no man if you don't come outside, and take it out of me,' or words to that eifect; and on being ordered by Sergeant Henry Grieves, of same Company to stop his talk, did reply, 'I won't do it,' or words to that effect. This at Jefferson Bar- racks, Missouri, on or about the 31st day of July, 1866."

To which charge and specification the prisoner pleaded as follows: '■^Not Ouilty.'"

m

''HI

The Court, having maturely considered the evidence adduced, finds the prisoner, FKANCIS CLARKE, Private of Light Battery C, Third United States Artillery :

Of the specification, " Guilty.'' Of the charge, " Ouilty."

SENTENCE:

And the Court does therefore sentence him, FRANCIS CLARKE, of Light Battery C, 3d U. S. Artillery, ''to forfeit twelve ($12) dollars of his pay, and to be confined at hard labor, under charge of the guard, for one month."

Findings and sentence are approved. The stoppage of pay will be made by the proper officer. The sentence of confinement will be carried into effect under the direction of the commanding officer at Jefferson Barracks, Missouri.

X JAMES B. MCDERMOTT, private Light Battery C, 3d United States Artillery, on the following charge and specifications :

^'Conduct prejudicial to good order and military discipline."

SPECIFICATION FIRST : "In this, that he, Jomes B. McDermott, private of Light Battery C, 3d U. S. Artillery, being drunk, and in the company's mess house at dinner time, did create a disturbance, and when ordered by Sergeant Asa Head, of same company, to keep (juiet, did reply: "I won't stop for you, or any son of a bitch in the company,' or words to that effect: the said Sergeant Head being in the execution of his duty. This at Jefferson Barracks, Missouri, on or about the 4tli day of August, 1866."

SPECIFICATION SKCOXD : "In this, that ho, Jatnea B. McDermott, private of Light Battery C, 3d U. S. Artillery, while being taken to the stable guard house at Jefferson Barracks, Missouri, by Sergeant Asa Head, of same company, did resist being so taken by force. Tiiis at Jefferson Barracks, Missouri, on or about the 4th day of August, 1860."

To all of which charge and specifications the prisoner pleaded as follows: ''Not Guilty.^'

The Court, after maturely considering the evidence adduced, finds the prisoner, JAMES B. MCDERMOTT, private of Light Battery C, Third United States Artillery :

Of the first specification, " Guilty," except the words, ' Being drunk, etc., and when ordered by Sergeant Asa Head, of same company, did reply, " I won't stop for you, or any son of a bitch in the company," or words to that eftect; the said Sergeant Head being in the execution of his duty.' "

Of the second specification, " Not Guilty." Of the charge, " Guilty."

SENTENCE:

And the Court docs therefore sentence him, private JAMES B.

I MCDERMOTT, of Light Battery C, Third United States Artillery, "fo forfeit Jive dollars ($5) of his pay."

The proceedings in this case are disapi)roved, and the prisoner will be released from confinement and returned to duty.

10

XI CHARLES M. BRAJ)LEr, private of Company C, Third United States Infantry, on the following charge and specifications:

"■Conduct to the prejudice of good order and military discipline,"

SPECIFICATION FIRST: "In this, that he, private Charles M. Bradley, Co. C, 3d U. S. Inf'y, heing on duty at Head Quarters, De- partment of Missouri, as Orderly, did^ become so much under the influence of spirituous or intoxi(^ating liquors as to be unable to perform the duties assigned him. This at Saint Louis, Mo., on or about the 17th of September, 1866."

SPECIFICATION SECOND: "In this, that he, private Charles M. Brad- ley, Co. C, 8d U. S. Inf y, being on duty at Head Quarters, Department of the Missouri, as Orderly, did become so much under the influence of spirituous or intoxicating liquors, as to be unable to perform the duties assigned him. This at Saint Louis, Mo., on or about the 18th day of September, 18(36."

To all of which charge and specifications the prisoner pleaded as follows : "Guilty."

iS\

The Court having maturely considered the case, confirms the plea of the prisoner, and finds him as follows :

Of specification first, " Guilty " Of specification second, " Guilty.'" Of the charge, " Guilty."

SENTENCE:

And the Court does therefore sentence him, CHARLES M. BRAD-

LEV, private Company C, Third United States Infantry, "to forfeit ten dollars ($10) ofhi^ P"'y-"

The proceedings and sentence are disapproved. Drunken- ness on duty can only be punished with corporeal punishment. Vide 45th Article of War. Tlie prisoner will he released from arrest and returned to duty.

XII JOHN HUNT, private Company C, Seventh United States Cavalry, on the following charge and specification :

o

11

'• Conduct to the prejudice of good order and military discipline."

SFKCIFICATION: "In tliis, that he. JOHN HUNT. ]irivate Co. C, 7th U. S. Cav'v. being on duty as Clerk at Head Quarters, Department of the Missouri, did become so much under the influence of spirituous or intoxicating liquors as to be unable to perform properly any of the duties assigned to him. This at St. Louis, Mo., on or "about the 18th day of September, 18t>6."

To which charge and spocitication the prisoner pleaded as follows : •' Guilty."

FINDING :

The Court having maturely considered the case, confirms the jdea of the prisoner, and finds him as follows :

Of the specification, " Guilty." Of the charge, " Guilty."

.SKNTENCE :

And the Court does therefore sentence him, JOHN HUNT, private of Company C, Seventh United States Cavalry, " to forfeit eight ($8) dollars of his pay."

Proceedings and sentence are disapproved. Drnnkenness on duty can only be punished by corporeal punishment. Vide 45th Article of AVar. The prisoner -will be released from an-est and returned to duty.

Xni FKNTON BAHEN, corporal of Light Battery C, Third United States Artillery, on the following charge and specification :

"Neglect of du'ij to the prejudice of rjood order and military discipline."

SPECIFTCATION : "In this, that he, Fenion Bnhen. corporal of Light Battery C, ."^d U. S. Artillery, being on duty as acting sergeant of the stable guard of his battery, did permit, through gross carelessness and negligence, two prisoners awaiting trial for serious offences to escape from his custody. This at Jefl'erson Barracks, Missouri, on or about the 26th day of September, 1866."

i: k

To which charge and specification the prisoner pleaded as follows: ''Not Guilty."

The Court having maturely considered the evidence adduced, finds the prisoner, FENTON BAHEN, corporal of Light Battery C, Third United States Artillery, as follows :

Of the specification, " Guilty." Of the charge, "Guilty."

SENTENCE: '

And the Court does therefore sentence him, FKNTON BAHEN, corporal of Light Battery C, Third United States Artillery, "to be /•educed to the ranks, he having his chevrons torn off in front of his company ; to be confined at hard labor under charge of the guard,''for two months, and to forfeit all pay for the same period.^'

Findings and sentence are approved. The stoppage of l>ay will be made by the proper officer, deducting the just dues of the laundress. The sentence of imijrisonnient will be carried into effect under the direction of the commanding officer at Jefferson Barracks, Missouri; the remainder of the sentence under the direction of the commanding officer of the company.

XIV EDWARD KELLY, private Light Battery C, Third United States Artillery, on the following charge and specification:

II ! II

" Drunkenness on duty."

SPECIFICATION: "In this, that he, Edward Kelly, private of Light Battery C, 3d U. S. Artillery, while on duty with his battery at St. Louis, Missouri, on or about the 8th day of September, 1866, became so drunk as to be unable to do" the duties of a soldier."

To which charge and specification the prisoner pleaded as follows: "Guilty."

I

The Court having maturely considered the case, confirms the plea of the prisoner, and finds him :

Of the specification, '■'Guilty." Of the charge, " Guilty."

SKXTENCE:

\M And the Court does therefore sentence him, EDWARD KKLLY, private of Light Battery C, Third United States Artillery, "^o be confined at hard labor under charge of the guard, for two months, and to forfeit all pay for the same period."

The proceedings aiul findings are confirmed. The sentence is approved, except so much of it as relates to the stoppage of pay, which is disapproved, being illegal (See 45th Article of War). The remainder of the sentence will be carried into effect under the direction of the commanding officer at Jeffer- son Barracks, Missouri.

XV Lanco Sergeant JAMES D. SHKARKR, of Company E, United States Engineer Battalion, on the following charge and specification :

"■ Drunkenyicss on duty.''

SPECIFICATION : '"In this, that he, Lance Sergeant James D. Shearer, ofCo. E, U. S. Engineer Battalion, was drunk, while on duty with his company on drill, so as to be unable to perform his duties. This at Jefferson Barracks, Missouri, on the 24th of September, 1806."

To which charge and specification the prisoner pleaded as follows : " Guilty."

The Court having maturely considered the case, confirms the prisoner's plea, and finds him :

Of the specification, "Guilty." Of the charge, "Guilty."

u SElfTENCE :

And the Court does therefore sentence him, JAMES D. SUEAREE,

Lance Sergeant of Company E, United States Engineer Battalion, " to he reduced to the ranks ; to be confined at hard labor under c/iargt of the guard at the Engineer Depot, at Jefferson Barracks, Missouri, for the period of t^vo months, and to forfeit all pay for the same time"

The proceedings and findings are confirmed. The sentence is approved, except so much of it as relates to the forfeiture of pa}", which is disapproved, it being Illegal. (See ■fSth Article of War.) The remainder of the sentence will be carried into effect under the direction of the commanding oflBcer of the Engineer Depot, at Jefljerson Barracks, Mo.

II Attention is called to the unnecessary use of words in the " charge " in the case of private FI.YNX, Battery C, Third United States Artillery. " Disobedience of orders" covers the case.

Ill The General Court Martial convened by Special Orders, No. 23, Current Series, from these Head- quarters, and of which Colonel and Brevet Brigadier General B. L. E, BoNNEViLLE, United States Army, is President, is herebv dissolved.

BY COMMAND OF MAJOR GENERAL HANCOCK :

CHAUNCEY McKEEVER,


OFFICIAL :

%

HEADQUARTERS DEPARTMENT OF THE MISSOURI,) FORT LEAVENWORTH, KANSAS, November 17th, 1866. j

GENERAL ORDERS, > No. 21. i

I Before a General Court Martial convened at Fort Leavenworth. Kansas, July 25th, 1866, pursuant to Special Orders, No. 166, Para- I'raph I, from these Headquarters, and of" which Captain and Brevet Lieut. Colonel Lewis Merrill, Second United States Cavalry, is President. wa.s arraigned and tried :

James McCrea, Private of Company K, Third United States Infantrv. on the following Charge and S|>ecification :

CHARGK.—Drunk on Guarrl.

Spfcijtcatian.—In this, that he, James McCrea, Privatt; of Company K. Third United States Infantry, being a member of the guard duly mounted on the morning of the 12th day of July, 1866, did become so drunk as to be unable to perform the duties of a soldier |)roperly.

This at Fort Leavenworth Kausas. on or about July 12th, 1866.

To which Charge and Specification the prisoner |)leaded as follows ■' GuiUy.'

KINDIXO.

The Court having maturely considered the case, confirms the plea of the prisoner, and finds him as follows:

Of the Specification, - , . - . '^Guilty.' Of the Charge, '-Guilty.'

SKXTEXCK.

And the Court does therefore sentence him. Private James McCrea, of Company K, Third Infantry, to be confined at hard labor, breaking stone from Reveille till Retreat each day (Sundays excepted,) and allowing one hour at uoon each day for dinner, for four calendar months.

11 The proceedings, findings and sentence in the above case are approved, but in consideration of his long confinement, the sentence is mitigated to sixty (60) days' confinement at hard labor, breaking stone

from Reveille till Retreat each diiy (Sundays excepted,) allowing one (1) hour each day for dinner.

By command of Major General H.VXCOCK:


OKFICIAL :

HKADQUAKTKUS DEPARTMENT OF THE MISSOURI, FoKT Li;AVKNW()in'ii, KANSAS, DecemlK'r Citb, lH()Ci.

UKNEltAL ORDERS,) No. 27.

I5('foro a General Court Martial which convoiied at Jcft'crsoii Barracks

ilo., Nov. ,')th, 1S(')(>, |iiirsiiaiit to Special Oidcrs No. 55, from these

Hend(iuarters, and t)t' wiiich Col and Bvt. Brijr. General Fitcairn Mor-

ii.<()ii, U. S. A., is l'r(>sident, were airaiirncd and tried :

CASE 1.

Jumps ii Sheldon, Corjtoral of Light Battery "C" :{d U. S. Artillery,

on the followinir ehar<re and specification. Vn\K(;K.— Qit!tiiii(i Itii Giinril. SHF.CIKICATION: —In thU, thiit he, JIUUL'S B. ShcUldii. ('orinniil ul l/i«ht Battt'iy

"C" 31 Ai'tillmy, hnviiiK boen regularly ilotuileil as Corporal of the Stiiblo Giiaril of Lighr Battery "C" 3.1 Artillery, did, without leave from his suix'rior oflieer, quit hi? guard and remain absent therefrom, from on or about the morninK of the 25th of October, 1860, until on or about the morning of the 2t)th of October, IWiti.

To which charge and specifieation the aeeuso.l pleaded as follows : To the Specification " Aoi (iidltu." To the Charge 'Wot Uuihy."

KIXDINO.

The Court having maturely considered the evidence adduced, confirms the plea of the accused and finds him as follows :

O-the Specifieation "Not Gnily.'' Of the Charge "Not GitUtij." And the Court does therefore acquit him.

Tlie proceedings and finding- in ihe foregoing case are confirmed.

Tlic prisoner will be released from arrest and restored to duty.

CASE II.

Charles Johnese, Private Co. ''E" U. S. Engineer Batt., on the follow-

ing charge and specification:

CHAKGE.—/'e^er<^ou. SPKCIFICATION.—In this, that he, Charles Johnese, Private of Co. "E" U. S.

Engineer Batt., an enlisted ni;ui in the service of the United States, did absent nimselt from, and desert said service, by escaping from confinement at Engineer Depot, Jefferson Barracks, Mo., on or about the night of the 26th and 27th of Sep- tember, 1866, and did remain absent until arrested at ornearSt. Louis, Mo., on or about the 2d of October, 1866.

To which charge and specification the prisoner pleaded ns follows :

To the Specification "Not GuUiy." To the Charge "Not Guilty."

FINDING

The Court having maturely considered the evidence adduced, finds the prisoner as follows :

Of the Specification "Guilti/." Of the Charge, "Guilty."

SKNTENC'E. (| ^

And the Court does therefore sentence liim, diaries Johnese, Privati'

of Co. "E" U. S. Engineer Batt, to forfeit to the United States all pav

and allowances now due him, or that may become due liim, to be con-

fined at harl labor for two (2) years, at such place as the Commandinf:

General may direct, and, at the end of that time, to be dishonorablv

discharged from the service.

The proceedings, findings and sentence in the foregoing case are con-

firmed. The stoppage of pay will be made l)y the proper officer, exce]it

so much as will satisfy the just dues of the laundress. The sentence nf

imprisonment will be carried into effect at the MissDuri State Peniten-

tiary, at Jefferson City, Missouri. The Commanding ofllieer at .Jetferso"

Barracks, Mo., will cause the within named prisoner. Charles Johnese.

Private of Co. ''E" U. S. Engineer Battalion, to be taken to Jeffersun

City, Mo., and turned over to the Warden of the State Penitentiary, whu

will l)e furnished at the same time witli a copy of this order.

CASE III.

James Sullivan. Private. Permanent party select. Newport Banark-.

Kentucky, on the following charge and specification ;

CHARGE—Desertion.

SPKCIPICATIOK :—In this, that he, Private Jainos Sullivan. I'erniancni part.\ ^'' lect, Newport Barracks, Kentucky, a duly enlisted soldier in the service of ilic United States, did desert and absent himself from the same, on or about the Sih day of August, 1866, at Newport, Kentucky, and did remain absent until he voluntarily surrendered himself at Jefferson Barracks, Mo., on or about August Kitli. 1866.


To the Specification " Guilty," cxopt (lie uordg "dturrt itml." m ^ TotheChnrso "Not Guilty-"

FTXDINC.

The Court having maturely considered the evidence adduced, finds the prisoner James Sullivan, Private, Permanent party select, Newport Barracks, Kentu(k.\. as follows:

Of the Specification, " Guiltu," except the xcords "desert and.' Of the Charge "Not Guilty," but guilty of "absence tcithout leave.

V

I

[3] SEXTEKCK.

Anil tlie Court does therefore sentence liini, Private James Sullivan. J'ermanent jtarty select, Ne\v])ort Barracks, Kentucky, to forfeit to tlie Tnited States ten ($10) dollars of liis monthly pay for one (1) month.

The proceedings, findings and sentence in the foregoing case are conlirmed. The stoppage of ])ay will bo charged on his descriptive roll by tlie Commanding officer at Jefferson Barracks, Mo. The prisoner will lie forwarded under charge of a non-commissioned officer to Newport JJarracks, Kentucky, and turned over to the Commanding officer at iliat Post. The pi-isoni'r will be released from arrest and restored to duty.

CASE IV. Henry Schmidt, Private of Light Battery '-C" 3d U. S. Artillery, on

the following charsxe and specification: i'HARdK. — "AI>K>lire icilhnilt li'nre

SPKCIKK'ATIOV : -In thi,», that ho. Henry Schmidt, Private of Light Battery "C" :M I'. S. Artillery, did ah-ient liiinself from his Company and quarters, without liroper authority, on or al>)u( the l()tli day of Octolicr, I86(), and did remain absent until on or about '.I o'clock on the. night of the iSth day of October, IStid.

This at Jefferson Barracks, Mo. 'I'o which charge and spocificalion ihc prisoner, Henry Schmidt, I'rivate of JApht

ISattery "C" 3d V. S. Artillery, pleaded as follows : To the Specification "GuUty." To the Charge, "Gni/tv."

FINDIXC.

Tlip Cniirt having; maturely considered the evidence .'idduced. finds the prisoner. Ilriuy Schmid'. Private ol LiKiit IJaiteiy "C" :> 1 V. S. Artilleiy. as follows:

of I ho Sp.'cit'i'iatiiin " (i Hilly."

Of the Charge "GiiUhl."

.SKNTEXCK.

And the Court, does therefoi-e sentence him. Henry Schmidt. Pri\ate of Light Battery -C" i^d L' S Artillery, to forfeit ten ($10) dollars of his monthly pay for one (1) month, and to be confined at hard labor ill the Post Guard House at Jetfeison Barracks. Mo., for thirty days.

The proceedings, findings and sentence in the foregoing case are conlirmed The stoppage of pay will lie made by the proper officer. The iTiiiainder of the sentence will be carried into execution under the ilirection of the Commanding officer of the Post at which the prisoner may he stationed.

CASE V. John Rambone, Private of Co. '"C" 2d Batt. lOth U. S. Infantry, on

tlie following charge and specification : CHARGK.—Z>e»er<iV<)i.

SPBCiFicATmN. In this, that he, John Rambone, Private of Co. "C" 2d Batt. '•ithU.S, Infantry, a duly enlisted soldier in the service of the United States, ilid desert and absent himself from said service, on or about August 19th, 1866,

w

[4] near Mempyiis, TCIIIICJ^^L'L', iinil diil reiuiiin absent utnil ai>i)iflioii(le(l iit St. T><iiu.«. Mo., on or about ijeptembor 4tli, 18()t). Thirty tb)llais rewiinl piiiil fur hin iippie- liension.

To which charge and specification the prisoner, .Joliu Raniboiie, I'livate of Co. "C" 2d Batt. 16th U. S Infantry, pleaded as follows :

To the Specification, " (iuiliy.'' To the Charge " Giiilly."

I'lNDlNC,

The Court having maturely considered llie evidence adduced, finds the prisoner. John llauibonc,Private of Co. "C ' 'Id Bait. Itjtli U. S. Infantiy, as follows:

Of the Specification " O'uUly." Of the Charge "Gnillyr

.'^K.NTKNCK.

And the Court does therefore sentence liim, Private Jolin Kamhoiic.

Co. ''C" 2d Batt. Kith U. S Infantry, to forfeit all jiay and allowances

now due him, or to become due him from the United States. To he dis-

honorably discharged from the service, and to bo confined at hard labor

in charge of the Guard, and at suih place as the Ct)mmauding General

may direct, for the term of two (2) years.

The proceedings and findings are apjiroved. So much of the sentence

as directs that the prisoner be dishonorably discharged the service is re-

mitted. The remainder of the sentence will bp carried into execution

under the direction of the Commanding oHicer at Jefferson Barracks,

until such time as he can be sent to the post where his Company may

be stationed. The stoppage of pay will be made by the proper otlicer.

except so much as will satisfy the just dues of the laundress.

CASE VI.

William Ireton, Private of Co. "E" U. S. Engineer Battalion, on the

following charge and specifications.

CHARG'^.—Mutinous and innnhorillnnte coitdiict. SPECiinc.VTioN 1st.—-In this, that he. Private William Ireton, Co. "E"' U. ?.

Engineer Battalion,did approach his superior officer, Lieut. James C. Post, U. f". Eng. Batt., in a threatening manner, (the said Lt Post being in the execution of his office,) saying: "God damn it, I am a going to see fair play,—I am not a goinp to see any man abused," or words to that effect.

Tiiis at Engineer Depot, Jefferson Barracks, Mo., on or about the 2llth

of October, 1H6G.

SPECiKic.iTioN 2d.—In this, t'aat he. Private William Ireton, Co. "E" V. i^- Engineer Battalion, upon being seized hold of by his superior officer. Lt. Jamc'(> C. Post. U. S. Engineer Battalion, for the purpose of arresting him, (the said Lt. Janios C. Post being in the execution of his ofTice,) did, in a threatening manner entleavor to release himself, at the same time saying: "Let go of mc, I will gf with you, if you treat me decently," or words to that eff"ect.

This at Eu'jclneer Depot, Jefferson Barracks, Mo., on or about the 29tli

of October, 18GG.

M

(I

To which L'hiirgc iitiil specifications the prisoner. Private AVilliam Iieton, Co. "E" U. S. EnRineei- Battalion, pleaded as follows :

To the Specification 1st "JVof GnUly." To the Specilication 2d "Sot (hiiltp." To the Charge "Not Guilty."

KINDIXG

The Court having maturely considered the evidence adduced, finds the prisoner. Private William Ireton, of Co. "K" U. S. Engineer Batt., as follows :

Of the Specification 1st "Guilty." Of the Specification 2d "G.iilty." Of the Charge, "Guilty."

•SKNTKNCK.

And the Court does therefore sentence him, Private William Ireton,

Co "E" U. S. Engineer Battalion, to forfeit ten {$H)) dollars per

month of his monthly pay for six (fi) months, and to be confined at hard

labor for the same jjcriod at the Post Guard House at Jefferson Harrncks.

Mo.

The proceedingrJ, findings and sentence in the foregoing case arc ap-

proved. The stoppage of pay will be made by the jiroper officer. The

remainder of tin; sentence will be carried into execution under the

ilirection of the ])risotier's Commanding ofticer.

CASE vir.

George Chadvvick, Private of Co "E" U. S. Engineer Batt., on the

following charge and specification. CHARGE.— De ertiim. SPKCIFICVTION:—In this, th;it he, Private (Jeorge ChadwicU, of Co. "E" U. S.

Eng. Batt., did absent hiin-elf from his Company without pL'rmission from proper authority on or about the I'.tth of October, ISlSt). and did remain absent until returned to his Company on or about the 1st of November. 186t), after having voluntarily given liimself up at Memphis, Tennessee,

fhis at Jefferson Barracks, Mo. To which charge and specification the prisoner, Private (Jeorge Chadwick, of

Co. "E" U. S. Engineer Battalion, pleaded as follows : To the Specifiealion "Xot Guilty.'' To the (.'harge "Not Guilty."

FINDING.

The Court having maturely considered the evidence adduced, finds the prisoner. Private lieorge Chadvvick, of Co. "E" U. S. Engineer Battalion, as follows:

Of the Specilication "Guilty.'' Of the Charge "Not Guilty.'' hut puilly <>/ "Abn(uce without leave.''

SKNTKXl'E

And the Court does therefore sentence him, Private George Chadwick-

Co. ''E" U S. Engineer Battalion, to forfeit five ($.3) dollars of hi?

monthly pay for one (1) month.

The findings and sentence in the foregoing case are disapproved. The

sentence is inadequate to the offence, and the Court inconsistent in hf

[6]

findings. In other cases where men have been absent a much shorter time, it has awarded sentences much more severe. The ends of justice can never be subserved" by such proceedure. It is impossible to see how cases which are almost identical, both in the charge, and in the evidence adduced, can be awarded such a variety of degrees of jmn- ishraent The prisoner will be released from arrest and returned to dutv.

CASE VIII.

William Walsh, Private of Light Battery "C" 3d U. S. Artillery, on the following charges and specifications:

CH.\RGE 1st.— DcHertioii. SPKCIFICATION 1st.—In this, that he. Private William Walsh of Light Batt-^ry

■'C"3dU. S. Artillery, a duly enlisted soldier in the service of the I'nited Stiites, did desert, or attempt to desert the same, on or ahout the ',1th day of October, lS(i(i.

This at Jefferson Barracks, Mo. CHARGE 2d.—Thrfi. SPECIFICATION- 1st.—In this, that he. Private William Wal.^li, of Light Battery

■'C 3d U. S. Artillery, did feloniously steal, take and carry away, one U) pair of pantaloons (cavalry) of the value of iS5.9(), the i)roperty of one William ]5ro\vn. Private of same Company, with the intent to appropriate the same to his own use and benefit.

This at Jefferson Barracks, Mo., on or about the l*th day of October. 1866.

SPKCIFICATION 2d.—In this, that he, Private William Walsh, of Liglit Battery "C 3d U. S. Artillery, did feloniously steal take and carry away, with the intent to appropriate the same to his own use and benefit, two (2) Pants (citizen) of the value of $7.00, one (1) vest (citizen) of the value of-SI 00, three loi shirts of the value of $3,00, one [I) Carpet Bag of the value of .f2.j0,the proi)erty of \\'illiani (Jrimes, Private of same Cainpauy and Regiment.

This at Jefferson Barracks, Mo., on or about the IHli dav of Octobei-. 1866.

To which charges and specifications the prisoner, Piivale Williiim WaUh, ul' Light Battery "C" 3d U. S. Artillery, pleaded as follows:

To the 1st Specification, 1st Charge, 'Wot Uniltu." To the 1st Charge, "Not Ouiliu." To the 1st Specification, 2d Charge, "Not 0'u>/,'y." To the 2d Specification, 2d Charge "Not biii/ii/-" To the 2d Charge, "Not Giii/fu."

KIXDIXC.

The Court having maturely considered the evidence adduced, confirms the plea of the prisoner, Private William Walsh, of Light Battery "C" 3d U, S. Ar- tillery, and finds him as follows :

Of the 1st Specification, 1st Charge, "Not Guilty." Of the 1st Charge, "Not Guilty." Of the Ist Specification, 2d Charge, "Not Guilty." Of the 2d Specification, 2d Charge, "Not Guilty." Of the 2d Charge, "Not Guilty." And the Court does therefore acquit him. Private William Walsh, of

Light Battery "C" 3d U. S. Artillery.

r#

r#

III

[7]

The proceedings, findings and sentence in the foregoing case are confirmed. The prisoner will be released from arrest and restored to duty.

CASE IX.

John A. Kmerick. Artificer, of Co. 'E' U. S. Engineer Jiattalion, on the following charge and specifications:

CliAKGK.— Conduct to the prejudice of f/ood order and military discipline.

SPECIFICATION 1st.—In this, that he, John A. Emerick, Artificer of Co. "E" U. S. Engineer 13attalion, being drunk, and ordered by Corporal John MeDermott Co. "E" U. S Engineer Batt., Corporal of the Guard, to go in the (iuard House, did willfully refuse to obey said order, replying that "the whole guard could not put him in," or words to that etTect.

This at Jefferson Barracks, Mo., on or about the 31st of October. 1866.

SrECiFiCATioN 2d.—In this, that he, John A. Enierick, Co. "E" U. S. Engineer Battalion, being in the Guard House and attempting to escape, did, when prevented by Corporal John MeDermott, Co. "E" V. S. Engineer Battalion, attempt to stab said Corporal with a knife which he had in his hand, cutting .<aid Corpii- inl McDerniott's clothes and hand.

This at Engineer De[iot, Jefferson Barracks. Mo., on or about the ."Ust

(if October, 180(3.

To which charge and specifications the prisoner, .lohn A. Emerick, Co. "E" 1'. S. Jlngineer Battalion, i)leaded as follows:

To the 1st .Specification, 'Wot Guilty." To the 2d Specification, "Not Guilty." To the Charge "Not Guil'ii."

IINDIXC.

Tiic Court h:i\ irig ni:iturcly considered the evidence ••iilducccl, find.- the t)visoncr. ■Iiiliii .\. Euicrick, Co. " F." V. S. Engineer Battalion, as follows:

Of the 1st ^Specification, "GuUtji." ' If the 21 Specification, " Guilty" rjcnt tin- irordx: "Attempt toxtoh xeiid

'''irporid Mr I crniott u-illi a knife." Of the Charge, " GuHtp."

SI-:NTI:X(K.

And fjie Coiu't docs therefore sentence liim, John A. Emcriek, Aitifi-

ler (if Co. 'I']" r S. Engineer Battalion, to forfeit fifteen ($]")) dollars

per month of iiis monthlv pay for three (.■>) months, and to be confined

iU hard labor in charge of the Engineer guard at Jeff'erson Barracks.

Mo. for the same jieriod.

riio proceedings, findings and sentence in the foregoing case are ap-

Iii'o\od. The stoppage of' ])av will be made by the ]iro[)er officer. The

§i\

remainder of the senlence will be carried into execution by tlic prisoner's Commanding officer.

B}' command of Major General HAXCOCK :


OFFICIAI,

Aotifi"- iludino Advouaii b "»o

,.

HEADQUARTERS DEPARTMENT OF THE MISSOri{I. I FoKT LKAVKXWORTII, KANSAS, Dctemhor lOtli, 18('»i>. )

GENERAL ORDERS,) No. 29. I

Before a General CGurt Martial wliich convened at Fort Ijcavenwoiti!.

Kansas, Nov. IDth, ]8()('), pursuant to Special Orders, No. 00, parajTrajili

V, C. S., from these Headquarters, and of which Bvt. Col. liohert Nugcm

Captain 13th U. S. Infantry, is President, was arraigned and tri»d:

CASE J.

1st Lieut. P. E. Sloan, 10th U. S. fnfiuitry, on the foliowin-r char;.'. ^

and specifications:

CHARGE 1st.—Disohediem-e of Ordcm.

SPECIFICATION.—In thisi. that he, 1st Lieut. P. Eluienilorf Sldan. I9tli U. S. In fantry, did absent himself from Company Drills on the morning and afternoon » ! October 26th, 186G, without authority, this being in violation of (Jeneral Order, Nc. oO, dated Headquarters Post of Fort Leavenworth, Kansas, Oct. 14th, 18CC.

This at or near Fort Leavenworth, Kansas.

CHARGE 2d.—Neplect of Duty.

SPECIFICATION 1st.—In this, that he, 1st Lieut. P. Elniendorf Sloan, 19th l. >. Infantry, did fail to attend Company Drill on the 26th day of Oi tober, 1.'-66, :iii.l did remain absent until sent for by his Company Commander.

This at or near Fort Leavenworth, Kansas.

SPECIFICATION 2d.—In this, that he, 1st Lieut. P. Elmendorf Sloan. lUih U. !- Infantry, did absent himself without proper authority, from Retreat andl'.Mtlri Roll Calls on the 26th of October, 1866.

All this at or near Fort Leavenworth, Kansas, October 20th. ISiUi.

To which charges and specifications the accu.scd pleaded as follows:

To the Specification of 1st Charge "Not Guiltu," aopl the i<oi,i- "and afternoon."

To the 1st Charge, "Avt GuiOt/." To the 1st Specification, of the 2d Charge, "Not Guiltti." To the 2d Specification, of the 2d Charge "Not GuUi)i "

'Jccept the words "and Tattoo" To the 2d Charge, "Not Gni/ii,.'

FINDING.

The Court having maturely considered the evidence adduced, finds the acou^c-,i. 1st Lieut. P. Elmendorf Sloan, 19th U. S. Infantry, as follows:

tiM

'4'* '■-^r^'

■ X.

l/i y

W

[2] or the Specilieation, uf tlie]<t Chaigo, "Kol Guilty.''

irith the excep'ioti of tlie words "am/ d/ieniooii." Of the 1st Charge, 'Guilty.'' Of the 1st Specification, of the 2d Charge, "Not Guilty." Of the 2d Specification, of the 2d Charge,. "Guilty." Of the 2d Charge "Guilty."

SKNTKNCK.

And tlio Court docs t'liercfore sentence him, the .said 1st Lieut. 1*. IChnendorf Sh)iin, li'tli U. S. Jnliuitiy, to he reprimanded by tlie Com- manding (ioneriil of the Department.

Ihe proeeedlng.s in the foregoing ease liaving been hiid before the -Major General Commanding, the following are liis orders thereon :

1st.—The Court, in sustaiiiing the objeetion of the aceused to the evidence proving the 1st Specification of tlie 1st Charge, to which IK^ liad pleaded '"Cmilty," was in error; (see Holt's Digest, p. 170, par. 2)

2d.—The Surgeon of the Post is the proper person to apply to, to he excused from duty in case of sickness, and no officer can set up such a plea as an e.xciisc from absence from duty, when the })roper medical ofti- eer can ijc consulted, and has not been. It is not therefore considered that Lieut. Corbin was an impoitant witness in the case, or that the court would have been wai-ranted in granting tlu' delay asked f(jr, or that necessary for his appearance.

.■)d. — It is considered that the sentence is inadequate to the offence. Had the accused, 1st Lieut. Sloan, been inexperienced, and ignorant of

the regulations of the service, governing such action, there might have i)ecn extenuation. But as it appears that this officer is a graduate of Ihe Military Academy, there can be no valid excuse for his conduct.

He appears to have forgotten that it is the highest duty of an officer

to obey the lawful orders of his military superior, and that it is considered imperative by all good officers never to neglect a duty without sulTicient warrant therefor. An officer who acquires the character of negligence and inattention will never rise in the confidence and estima- tion of his suneriors; and at some time ho may find that the want of such confidence will l)e a bar to his future promotion or success.

It is hoped that this admonition will be sufficient, and that Lieut. Sloan will in future so conduct himself, as to meet with the approbation. and not the censnre, of his military superiors.

!•

l^] I lie liiidiii;:'^ uinl sciitcncc nrc coiitiriued. Isi LicMit V. Elineiiddj'i

Sli(iin. I'.'lli ('. S. Inthiilfv, will he released t'roiii arrest, iuul i-oturiied tc

lilltV,

!',\ r,.iiiin.-iiii1 111' M^iior (leiierill il.VXCOCK" :

OHAUNCEY McKEEVEir Assistant Adjutant (ieiioral

OlFICIAl

( ^

i\\\\(. fill l/i S, IiifiirUry,

HFADQUARTEKS DEPARTMENT OF THE MISSOUKJ, 1 Foirr LKAVENWOKTH, KANSAS, Dcccnibfr 12tl), IHfiti. j

GENERAL ORDERS, No. :!0.

1 Before a GoTicral Court Martial, tonveiied at Fort Leaven- worth, Kansas, December lOtli, lK(;(i, jiursuaiit to Special Orders, No. S'J, paragraph 3, current series, from tlie-ie Headquarter.s. and of wliicli Lieutenant Colonel Silas Hunter, oTth U. S. Colored Troops, is Presi- dent, was arraigned and tried:

Private Roljert Evans, Company B, oTth U. S. Colored Troops, on th( following charg(,' and specification :

CHARGE.— Violation of the 9lh Article of War.

i^i'i IIICATION.—In thiti, that he. Private Robert Eviinp, Coinpniiy 15, 67tli V. S. Colored Troops, did strike Ist Sergeant William Porter, Company h, 57th U. S. Colored Troops, and otherwi.-;c otTer violenec against him, he being in the execution of hi,^ oltiee ; and did disobey the lawful command of .=aid l.st Sergeant Wil- liam Porter, and say, when ordered to the tiuard House, "By God, I am going no where, I'll fight Jesus Christ first," or words to that effect.

Tills at Fort Union, New Mexico, on or about the 4th day of October. isot;.

To which charge and spucilicaliun the prisoner pleaded as follows :

To the Specification ^'Not Guilty." To the Charge "Not Guillv"

FINDING.

The Court having maturely considered the evidence adduced, finds the accused. Private Evans, Company B, 57th IT. S. Colored Troops, as follows :

Of the Specification "Not Guilty " Of the Charge "Not Guilty."

And the Court does therefore acquit him. Private Robert Eva.is, Com- pany B, 57th U. S. Colored Troops.

II The proceedings and findings in the foregoing case are approved. The prisoner will be released from arrest and returned to duty.

III.—The General Court Martial convened by Special Order, No. 89. Lunent Series, from these Headquarters, and of which Lieutenant Colo-

m^.. [2]

iipl Silas Hunter. 5Tt!i T. S. Colored Troops, is President, is hereby dissolved.

By command of Major General H.vxcot'K:

CHAUNCEY McKEEVEK, Assistant Adjutant (-{(Mieral

OFFICIAI,;

r^^-<-^

U

G. c. M:.

1. Joliii Davis, Private Co. K, 8d Iktt., 19tli U. S. Infantry.

•_'. Jolm Kellor, Drnia Major M U. 8. Infantry.

.".. IVtir TlioI)abin, Leader of the Band, 3d U. S. Infantry.

4. Charles Einh)th, Private Co. D, od U. S. Infantry.

"). Jolm Welsh, Private Co. C, 3d Batt., lytli U. S. Infantry.

t;. Charles W. Brotherhead, Bugler I>ight Co. B, 4th U. 8. Artillery.

7. ,I()hn McCoy, Lance Corporal Co. K, 3d Batt., 19th U. S. Infantry.

5. Patrick Byrnes, Private Co. K, 3d Batt., PJth U. S. Infantry.

!». Wni. McNainara, I'rivate Co. I, 1st Batt., 13th V. S. Infimtry.

10. William Henry, Private Co. K, 3d Batt., Kith U. S. Infantry.

11. John Williams, Private Light Co. B, 4th V. 8. Artillery.

l:i. Kdnnnid Frie.lel, Private Co. I, 3d Batt., 13th I'. S. Infantry.

1.!. William llasselrass. Private Co I, 1st Batt., 13th U. 8. Infantry. 14. Patrick Donnelly, Private Co. K, 1st Batt., 13th U. 8. Infantry.

l"). John McCarthy, Lance 8ergeant Co. I, 13th V. 8 Infantry.

Ifl. Michael Ilaflord, Private Co. C, 3d Batt., 19th I'. 8. Infantry.

17. James Smith, Private Co. I, 1st Batt., 13th V. 8. Infantry.

15. RolKTt Mitchell, Private Co. (i, 3d I'. 8. Infantry.

IIE.\DQrARTEHS DEPARTMENT OF THE MI8SOURI, ) FoKT LEAVKXWORTH, KANSAS, Docemhcr 29, 18(50. j

(iKNERAL OKDEK8,) No. 34. j

f Before a General Court Martial, convened at Fort Leavenworth, Kansas, Novend)er 19th, IHtiti, pursuant to 8pecial Order, No. G9, Para-

jrraph 5, Current Series, from these Ileadtiuarters, and of which Brevet

Colonel Robert Nugent, Captain 13th L". 8. Infantry, is President, were lu-niigncd i-nd tried:—

^'\ :/

[2] 1st.—John Davis, Private of Company K, 3d Battalion, 10th U. S. Tn-

tantry, on the following charge and specifications:

CHARGE—Mutiny.

Specification 1st.—In this, that he, John Davis, Private K Company, 8d Battalion, 19th U. S. Infantry, an enlisted man in the service of the United States, did offer, in violation of the 9th Article of War, violence against 2d Lieutenant H. M. Karples, 19th Kegiment U. 8. Infantry, while in the execution of his office, hy attempting to lay hands on him, and attempting to strike the said 2d Lieutenant H. M. Karples. All this at quarters of K Company, 3d Battalion, 19tli Kegi- iment U. S. Infantry, on or about the 6th day of November, 1860.

Specification 2d.—In this, that he, John Davis, Private K Comj)any, ;'d Battalion, 19th U. S. Infantry, an enlisted man in the service of the United States, did, when ordered by his commanding officer, 2d Lieu- tenant 11. M. Karples, 19th Regiment U. S. Infantry, to keep quiet, continue creating a disturbance, by raising loud and threatening language, viz: "If he puts me in the guard house, it will be the last time he does it." "I will get scpuire with him." "I am a nuvn of my word, and he knows it, too;" or words to that effect. All this at quarters of K Company, od Battalion, 19th Kegiment U. S. Infantry, on or about the 6th day of November, lS6(i.

To which charge and specifications the accused pleaded as follows: To the 1st specification, Xot Guilti/. To the 2d specification, Not Guilty. To the charge, Nat GuHtij.

FINUIXG.

The Court having maturely considered tlic evidence adduced, finds the accused, Private John Davis, Company K, 3d Battalion, 19tii Kegimenl U. S. Infantry, as follows : Of the 1st specification, Gnillij. Of the 2d specification, Guiltij. Of the charge, Guiltu.

S^ENTKNCK.

And the Court does therefore sentence him, tlie said Private .lolm Davis, Company K, 3d Battalion, 19th Kegiment I'. S. Infantry, to lio confined at hard labor, under charge of the guard, breaking stones, from Reveille until Retreat, with an intermission of one hour each day lor dinner, for a period of six (6) months, and to forfeit ten (10) dollars ol his monthly pay, for the same period.

2d.—John Keller, Drum Major 3d U. S. Infantry, on the following charges and specifications:

[3] f'HAR(;E 1st—Drunkennesit, to the prejudice of good order and tniHtarv

diticipline.

ISpccification.—In tliis, that lie, John Keller, Drum Major 3d U. S. In-

fantry, did appear in the quarters of the band, 3d U. S. Infantry, in a

state of gross intoxication.

CiiAKCiE 2d—Violation of the 9th Article of War.

Specification.—In tliis, tliat he, Jolm Keller, Drum Major 3d U. S. In-

fantry, when ordered to go to liis (piarters under arrest, by 2d Lieut.

Thos. S. Wallaee, 3d U. S. Infantry, Post Adjutant, did resist, and

attempt to strike his sn})erior oflieer, 2(1 Lieut. Thos. S. Wallace, 3d

U. S. Infantry, Post Adjutant, he, the said Lieut. AVallace, being then

in the proper execution of his office.

CHARGE 3d—I^isrespect toimrds his superior officer.

Specification.—In this, that he, John Keller, Drum Major 3d U. S. In-

fantry, when ordered to go to his quarters under arrest, by 2d Lieut.

Thomas S. Wallace, 3d U. S. Infantry, did use insulting and profane

language, viz: "you son of a bitch, " or words to that effect, towards his

superior officer, 2d Lieut. Thomas S. Wallace, 3d U. S. Infantry, Post

Adjutant, he, the said Lieut. Wallace, being then and there in the

proper execution of his office. This at Fort Leavcnworth, Kansas, on

or about the 28th day of October, 1866.


To the s{)ecification of the 1st charge, jVo^ Guilty.

To the 1st charge, Not Guilty.

To the specification of the 2d charge, Not Guiltj/.

To the 2d charge, Not Guilty.

To the specification of tiie 3d charge, Not Guilty.


FINDING.


accused, John Keller, Drum Major 3d V. S. Ihfantry, as follows:

Of the specification of the 1st charge, Guilty.

Of the 1st charge, Guilty.

Of the specification of the 2d charge, Not Guilty.

Of the 2d charge, Not Guilty.

Of the specification of the 3d charge, Not Guilty.


SENTENCE.

And the Court does therefore sentence him, the said John Keller, T)rum

Major 3d U. S. Infantry, to be reduced to the ranks, and to forfeit one (Ti

month's pay, already accrued as Drum Major.

fi-'

10

*<> ''

[4] 3d.—Peter Thobabin, leader of the band, 3d U. S. Infantry, on the

foHowing ciiarges and specifications :

CHARGE 1st—Dnmke)ine!ifi while on dntij.

Specificnlion.—In this, that he, Peter Thobabin, Hand Leader 3d V. S.

Infantry, did appear on the parade gronnd at Fort Leavenwortli, Kan-

sas, at dre-is parade on Sninhiy evening, the 4th of Novend)er, 1S()(), in

a state of intoxication, to the great scandal and disgrace of the luililarv

service of the United States.

CHARGE 2d—Drunkenness, to the prejudice of good order and iniHtartj

discipline.

Specification.—In this, that lie, Peter Thobabin, I'and Leader 3d I'. S.

Infantry, did appear at the ofHce of the Post (onunander, on Monday

forenoon, the 5th of November, 18(J(), in a state of intoxication. Tiiis

at Fort Leavenworth, Kansa-s, on or about the date-i above specified.

To which charges and specifications tlie accused pleaded as follows :

To the specification of the 1st charge, dniltij.

To the 1st charge, (liillfi/.

To the specificaticjn of the 2d charge, Nut (inilty.

To the 2d charge, Sot (liiiltii.

KINDINfi.

The Court having maturely considered the evidence aikbiced, finds tlic

accused, Peter Thobabin, Band Leader 3d T'. S. Infantry, as follows:

Of the specification of the 1st charge, (liiiltij.

Of the 1st charge, (iniltij.

Of the specification of the 2d charge, (iuiltij.

Of the 2d charge, Guilty.

SENTENCE.

And the Court does therefore sentence him, the said Peter Thobabin,

Baivd Leader 3d U. S. Infantry, to be confined at hard labor for the period

of one (1) month, under charge of the Post (Juard, and to forfeit to the

United States ten (10) dollars per month of his niontldy pay for four (4)

months.

4th.—Charles Einloth, Private of Company D, 3d U. S. Infantry, on

the following charge and specification :

CHARGE—Desertion.

Specific ition.—In this, that he. Private Charles Einloth, Comitany I), 3ci

U. S. Infantry, a duly enlisted soldier in the service of the United

States, did, on or about the 22d day of July, 18G6, absent liimself from,

and desert the said service at Fort Larnard, Kansas, and remained

absent until delivered at JeflTerson Barracks, Mo., on or about the 2tl

day of September, 1866, by Eugene Stump, who received thirty (30)

[5] Jollars for his aj){>ioliensi()ii as a deserter. This on or about the dates

above s)>eeitieil.

To whicli eliarjie and speei Heat ion the aeensed pleaded as foHows :

To the speeifieation, (iidltif.

To the eharge, (luUttj.

FIXDIN*;.

Tlie Court having niatnrely considered tlie evidence aihluced, contirnis

the plea of the accused, and finds him, the said Private Charles Kinloth, Company D, lid V. S. Infantry, as follows:

Of the specilication, (I'ltilti/.

Of the charge (.luilt;/.

SKXTKXCK.

And the Court does theiefore sentence him, the said Private Charles

Kinloth, Co. I>, :>d l". S. Infantry, to forfeit to the I'nited States all pay

aiul allowances that are, or may become due, U|) to the pronudgation of tlie .sentence, except the just duos of the laundress and sutler, to be dis-

lionorably discharged the service of the I'nited States, and to be contined

in the Penitentiary, at such place as the Commanding ( u'lieral may flired,

for the period of one year.

r)th.—John AVelsh, Private Co. C, IU\ PaMalion, litth C. S. Infantry, cm the following charges and specifications :

CHAROK Ist—Abseno' vithonl Icnrc

Spedfication.—In this, that he, Private John Welsh, Co. C, od Battalion,

19th IJ. S. Infantry, did absent himself from his comi>auy cpiarters,

without proper authority, from the 2'nb day of October, IStlG, to the 2d

day of November, ISfJt). This at or near Fort Leaven worth, Kansas.

CHARGE 2<1—('(indurt (n Ihe pnjudire of good order and iiiilifari/ dixriplitir.

^ipedjiraflnn.—In this, that he, Private John Welsh, Company C, 3d

Battalion, l!»th U. S. Infantry, did wilfully steal the fcdlowing articles

of uniform clothing, to wit: one great coat of the value of twelve (I'l)

dollars, one blanket of the yalue of seven (7) dollars, one dress coat of

the value of twelve and a half (12^) dollars, one pair of trowsers of

the value of four dollars and seventy-five cents, (4:},) the same being

the property of one (Jeorge Boille, Private of Company C, 'M Batt.

19th U. S. Infantry; also one ])air of stockings, and one pair of flat-

irons, owners unknown. This at or near Fort Leavenworth, Kansas,

on or about November 2d, IStiti.

10 which charges and specifications the accused pleaded as follows :

To the speciticati(m of the 1st charge, Not Guilty.

To the 1st charge, Guilty.

To the specification of the 2d eharge, Xot Guilty.

'i:M

i; (Vfc

[6] FINDING.

The Court having maturely considered the evidence adduced, find« tlic

accused, Private John Welsh, Company C, od Battalion, 19th U. S. In-

fantry, as follows:

Of the specification of the 1st charge Guilty.


Of the specification of the 2d charge, Guilty,

with the exception of the icords " and one pair of flat icort.s'."


SENTENCE.

And the Court does therefore sentence him, the said .John Welsh, Pri-

vate of Company C, 8d Battalion, 19th U. S. Infantry, to forfeit to tlit

United States, all pay and allowances which are, or may become due

him, up to the promulgation of this sentence, except the just dues of the

laundress and sutler. To be placed in solitary confinement on bread and

water, for seven days; to be indelibly marked on the left hip with the

letter " T, " one and tTne-half inches in length, and three days thereafter

to be drummed out of the service, wearing at the time, a board on hit-

back and breast with the word "Thief" written thereon in characters

three inches in length.

fith.—Charles W. Brotlicrhead, Bugler of Light Company B, 4th U. S.

Artillery, on the following charge and specification:

CHARGE—Conduct to the prejudice of good order and milittiri/ disciplini'.

Specification.—In this, that he. Bugler Charles W. Brotiierhead, of Liglii

Company B, 4th IJ. S. Artillery, did take one great-coat,—not hi;-

own—from the bunk of Kecruit David A. Crutchfield, of Light Com-

pany B, 4th U. 8. Artillery, with the purpose to appropriate the same

to his own use and benefit. This al ]'\>rt Leaveviworth, Kansas, on or

about the 12th day of October, 1866.

To which charge and specification the accused pleaded as follows:

To the specification, ^Vo< Guilty.

To the charge, JS'ot Guilty.

FINDING.

The Court having maturely considered tiie evidence adduced, finds the

accused, Bugler Charles W. Brotherhead, of Light Company B, 4tli U. ^•

Artillery, as follows:

Of the specification, ^ot Guilty.

Thus confirming his plea.

Of the charge, Not Guilty-

Thus confirming his plea.

And the Court does therefore acquit him, the said Bugler Charles "

Brotherhead, of Light Company B, 4th U. S. Artillery.

[7] 7th.—John McCoy, Lance Corporal ol" Company K, .'M Hattalion, 10th

r. S. Infantry, on the foUowinjj charge and specification.

CHARGE—De.'^ertion.

Specijication.—In this, that he, John McCoy, Lance Corporal K Coniiwi-

ny, ;W Battalion, l!)ih U. S. Infantry, an enlisted man in the service of

the United States, did desert his Company and KeiriHiont on the 7th

day of Noveinher, 1860, and did remain ahsent until apprehended hy

Corporal Bowers, Light Company B, 4th U. S. Artillery, on the 7th

day of November, 1866. All this at Fort Tjeavenworfh, Kansas, on or

about the 6th day of November, 1866. Thirty dollars reward paid for

his ajiprehension.

To which charge and spt^-ification the accused pleaded as follows:

To the specification, Not (luilty.

To the charge, Not Guilty.

FIXDINO.


accused, John McCoy, Lance Corporal of Company K, 'U\ Battalion, lUth

r. S. Infantry, as follows;

Of the specification, (iuilti/.

Ol' the charge, (luiltij.

SKNTI;N( K.

And the Court docs therefore .-entence him, the said Lance ('ori)ora!

•lohn McCoy, Company K, Hd Battalion, l!)th U. S. Infantry, to forfeit to

the United States all pay and allowances that are, or may l>ecome due

him, (except the just dues of the laundre-ss and sutler,) at the jiromulga-

tion of his sentence, to be dishonorably discharged the service of the

United States, and to be confined in the Penitentiary, at such place as the

('onmianding (Jcneral may direct, for the period of two (2) years.

8th.—Patrick Byrnes, I'rivate of Company K, :5d Battalion, UJth U. S. lii.aiitry, on ijif tdHowing ciiai'iie and s|iecitication :

CirAlUiK—DiKcrtiiiii.

■"^Itccljicatio}!.— In this, that he, ]*atrick Byrnes, Private K Company, 'U\

Battalion, IDth U. S. Infantry, an enlisted num in the service of the

United States, did desert his Company and Regiment on or about the

7th day of November, 1866, and did remain absent until apprehended

by Corporal Bowers, Light Company B, 4th U. S. Artillery. All this

at Fort Leavenworth, Kansas, on or about the 6th day of November,

1866. Thirty dollars reward paid for his apprehension.

To which charge and specification the accused pleaded as follows :

To the specification, Not Guilty.


[8]

u

FINDING

The Court liaving maturely considered the evidence adduced, finds tlu' :u(>used, Private Patrick Byrnes, Company K, 3d Battalion, 19th U. S. Infantry, as follows: Of the s])ecification, GuUlij. Of tlie charge, Guiltij.

SENTENCE.

And the Court does tlicrefore sentence him, the said Private Patrick Byrnes, Company K, 3d Battalion, 19th I". S. Inrantrv, to forfeit to the Inited States all pay and allowances that arc, or may become due him. (except the jiLst dues of the laundress and sutler,) at the pronuilgation of this sentence, to be dishonorably discharged the service of the T'nitcd States, and to be confined in the Penitentiary, at such place as the (,'oni- mandlng Clcncral may direct, for the period t)f two (2) years.

!)th.—Wm. McNamara, Private of Company I, 1st Battalion, 13th V. S. Infantry, on the following charges and specifications:

CHARGE 1st—Desertion.

Sprrijicdtion.—In this, that lie, Wm. McNamara, Private of Company 1. 1st Battalion, 13th I'. 8. Infantry, did, while a meml>er of the guard on duty, leave the Post of Fort Leavenwortli, Kansas, and go to the citv of Leavenworth, Kansas, about 9 o'clock A. M., November Itith, IKfiti, and did remain absent from said I*ost, and his guard, tmtil arrested in said city of Leavenworth, by a patrol for such purpo.'-e.

CHARGE 2d—Violation of the -i^Uli Article of Wor.

Specification.—In this, that he, Win. McNamara, Private of Company I, \^\ Battalion, 13th U. S. Infantry, did, wiiile a member of the guard of tlic Post of Fort Leavenworth, Kansas, become so drunk as to be totall.v unfit for duty. This at or near Fort Leavenworth, Kansas, on or aboiii the 16th day of November, 1866.

CHARGE 3d—Violation of the 46/A Article of War.

Specification.—In this, that he, Wm. McNamara, Private of ("(mijiany 1. 1st Battalion, 13th U. 8. Infantry, did, while phu-ed as a K'utincl in charge of two prLsoners of the guard, viz: Private McLaughlin, Com- pany Cir, 2d U. S. Cavalrv, and Private Brown, Company B, Ai\\ U. ^". Artillery, leave the Post of Fort Leavenworth, Kansas, and go to tlic city of Leavenworth, Kansas, on or about the ICth day of November, 1866.

CHARGE 4th—Violation of the 2'M Article of War.

Specification.—In this, that he, "\Vm. McNamara, Private of Conqumy 1. 1st Battalion, 13th U. S. Infantry, did, while a sentinel in cliarge of

M

two prisoners of tlic guard, advise or iiersiiade thcin, Private MeLaugli-

liu, Company G, 2d Cavalry, and Private Brown, Coni])any B, 4tli

Artillery, to de.-ert from the P<jst of Fort Leavenworth, Kansas, and

go to the eity of Leavenworth, Kansas, on or about the IGtli day of November, 18(50.

To wliieli cliarges and s])eeifioations the aceused pleaded as follows:

To the specifieation of the 1st eharge, yol Guiltij.

To the 1st eliarge, ]Si>t Guilt;/.

To the spei'ilieation of the 2d charge, Xot Guilt;/.

To the 2d eharge, Xot Guilt;/.

To the specifieation of the 'M eharge, Xot Guilt;/.

To the 3d charge, Xot Guilty.

To the specification of the 4tli charge, Xot Guilt;/.

To the 4th charge Xot Guilt;/.

i-lXI)lX(i.

The Court liaving maturely considered the evidence adduced, finds the

accused, AVm. McXamara, Private Company I, 1st Battalion, 13th U. S.

Infantry, as follows:

Of the specification of the Isf charge, Guilty.

Of the 1st charge, Xot Guilty,

but ijuilty of ^^(tbfencr trithout learc"

Of the specification of the 2d charge, Guilty.

Of the 2d charge, Guilt;/.

Of the sj)ecification of the 3(1 ciiarge, -. Guilty.


Of the sj)ecitication of the 4th charge, Xot Guilty.

Of the 4th charge, Xot Gtiilty.

SENTENCE.

And the Court docs therefore sentence him, the said Wm. McXamara,

I'rivate of Conqtany I, 1st liattalion, 13th U. S. Infantry, to be confined

:it hard labor in charge of the guard, for the period of one year, the first

fourteen (14) days of each month, of the first six ((5) months in solitary

lOTitineiiient on bread and water, and to forfeit all pay and allowances

liiat are, or may become due him, up to the expiration of this sentence,

I'xcept the necessary fatigue clothing, and the just dues of the laundress.

10th.—William Henry, Private of Company K, 3d Battalion, 13th V.

■^.Infantry, on the following charges and specifications:

CIIAR(;E 1st—Coinhict jircjudicial to good order and military dincipliuc.

Specijicotiou ]xt.— Fn this, that he, William Henry, Private, then Lance

Corporal, of K Company, 3d Battalion, 13th T^ S. Infantry, did be-

come so intoxicated as to be totally unfit for duty, and whilst in that B

[10]

cDiidition was guilty of riotous and disoniorly conduct, to the i)rcjudice

f>f good order and military discipline. All this in harracks at or near

Fort Leavenworth, on or ahout the 6th day of Xoveinljer, 1S()6.

Specification 2cl.—In this, that he, William Henry, Private, then I^ance

Corporal, K Company, 3d Battalion, llJth V. S. Inl'antry, did make use

of ahusive and disrespectful language towards Lance Sergeant Coulter,

of the same Company and Eegiment, whilst he, the said T.ance Sergeant

Coulter, was in the performance of his duty, calling him a " Dutcli son

of a bitcli,'' or words to that effect, and did threaten to take the life of

him, the said Lance Sergeant Coulter, whenever opportunity offered.

All this at or near Fort Leavenworth, Kansas, on or ahout the (Uh day

of November, ISGf).

Specification Sd.—In this, that he, William Henry, Private, then Lance

Corporal, K Company, 3d Battalion, lotli V. S. Infantry, did point a

loaded musket at the head of Private McGee, of the same Comjjany

and Kegiment, and threaten to take the life of him, the said Private

Mctxee. All this in barracks at or near Fort Leavenworth, Kaivsa<,

on or about the 6th day of November, 1866.

CiiARGK 2d—]JiKret<pcct to a superior ofilcer.

Specification.—In this, that he, William Henry, Private K Compiiny, ;>(!

Battalion, 13tli U. S. Infantry, did, when ordered to the gtiard iiou.-e

l)y Lieutenant Ward, of the 13th Infantry, and wliiisi in cliarge of tlu'

guard, make use of disre.-ipectful and abusive language, calling him,tlie

said Lieutenant Ward, a " (iod damn son of a bitch," or words to thai

effect. All this at or near Fort Leaveuwortii, Kansa<, on or about tlic

(ith day of November, 1866.

To which charges and specifications the accused i)leaded as follows:

To the 1st specification of the l.st charge, GuUlij.

To the 2d specification of the 1st chai-ge, Guiltij.

To the 3d specification of the 1st charge, ^ot Gniltij.

To the 1st charge, GuHtij.

To the specification of the 2d charge, Gudtij.

To the 2d charge, Guiltij.

KixDixn. The Court having maturely considered the evidence adduced, finds tlic

accused as follows:

Of the 1st specification of the 1st charge, GuilUj.

Of the 2d specification of the 1st charge, : GuiU\l-

Of the 3d specification of the 1st charge, AW Guillji.

Of the Lst charge, G""'%-

Of the specification of the 2d charge, Gudlij.

Of the 2d charge, ^^"'''Z''

«#

[11] SKNTKXC'E.

Ami tlic Court docs therefore sentence him, the said William Ileiirv.

Private Com} any K, ;^(1 Battalion, 13th U. 8. Infantry, to be contined a;

liard labor, for the period of six (0) months, and to forfeit ten dollar

($10) per montli, of his monthly pay, for the same jieriod.

11th.—John Williams, Private of Li^ht C'om])any E, 4tli U. S. Artil-

lery, on the followinif charges and specitications :

CiiAitciio 1st—.l/w<'/(^ II ithout leave.

Spectiirdtidii.—In this, that he. Private John Williams, of lAffht ( oni-

])any B, 4th U. S. Artillery, did absent himself from his company

([uarters without leave from pro|)er authority, and did visit the city of

JA-avenworth, Kansas. This at ^^^rt Leavenworth, Kansas, on or

about the ISth day of November, 186(5.

CilAlfrTK 2d—Cttiidiicf prejudicial to (jond order and military discip/iiie.

Specijicatliiit.—In this, that he. Private John Williams, of Light C'om-

jiany 1^, 4th V. S. Artillery, did call 1st Sergeant Andrew ^IcBride, of

his Company, "a damned son of a bitch," and "you are no man,"

or words to that eflect, and did dare him to come out and fight him, and

(lid attempt to assault him, the said 1st Sergeant Andrew McBridc.

This at Fort Leavenworth, Kansas, on or about the 18th day of Novem-

ber, 1S()().

To which charges and specitications the accused pleaded as follows;

To the si)ecitication of the 1st charge, Guiltij.

To the 1st charge, Guillii.

To the spccitication of the LM charge, A'o< Giiilli/.

To the 2d charge, V,,/ r;„;!tu

FIXDIXO.

The Court having maturely considered the evidence adduced, liuds tlic

accused, John Williams, Private Light Company E, 4th V. S. Artillery,

as follows:

Of the specification of the 1st charge, Gtiilli/.

Of the 1st charge, Guilti/.

Of the specification of the 2d charge, GuUtij.

or the 2d charge, Guilty.

SENTENCE.

And the Court does therefore .sentence him, the said John Williams,

Private of Light (,'ompany B, 4th U. S. Artillery, to be confined, in charge

iifthe guard, for six (ft) months, the first fourteen (14) days of each month

in solitary confinement on bread and water, the remainder of the time at

Hard labor, and to forfeit to the United States ($10) ten dollars per month

|>f his monthly pay, for six (6) months.

.#,

ii'

[12]

I2th.—Edimind Friedol, Private of Company I, .Sd 15attalion, 13tli U. S. Jiifaiitrv, on tlie following charge and speciticatioii:

CHARGE—Xef/Ieet of duty.

Specification.—In this, that he, Ednmnd Friedel, Private of Conii)any 1, od Battalion, l.Stli I'. S. Infantry, being a member of the gnard, and having been regularly posted as a sentinel in charge of a prisoner at work, viz: Private Porter, of the 7th U. S. Cavalry, did allow, or failed to prevent the escape of said prisoner. All this at Fort Leavenwortli, Kansas, on or about the 18th day of October, 18(it).

To which charge and sjjecilication the accused pleaded as follows: To the specification, Sot Guiltij. To the charge, Xot (iiiiltii.

FlXDINCt.

The Court having maturely considered the evidence adduced, finds tlie accused, Edmund Friedel, Private Company I, od Battalion, loth U. S. Infantry, as follows: Of the s])ecitication of the charge, (tnillij,

with the exception of the words "allow or," but attach no criminality thereto.

Of the charge, Guiltij, but attach no criminality thereto. And the Court does therefore accpiit him, the said Fdiiniiid I'liidi'l.

Private Company I, .'id Battalion, l.'Jth V. S. Infantry.

13th.—William Ilasselrass, Private of Company I, 1st Battalion, VM\\ V. S. Infantry, on the following charges and s})ecitications:

Cir.VROE 1st—Neglect of dutij os a goitine!.

Specification.—In this, that he, "William Ilasselrass, Private of ('ompaiiy I, 1st Battalion, 13th U. S. Infantry, being a meiid)er of the guard, and having been regularly posted as a sentinel over two prisoners at work, with orders from the Sergeant of the same guard to keej) them con- stantly together, did allow them to work apart from each other, placing one beyond his control. All this at or near Fort r.eavenworth, Kan- sas, on or about the 23d day of October, ISUtl.

CHARfJE 2d—AUoviiir/ a prixonT to eM-apr.

Specification.—In this, that he, William Ilasselrass, Private of Company I, 1st Battalion, 13th U. S. Infantry, being a mend)er of the guard, and having been regularly posted as a sentinel over Private Kinkade, Com- pany L, 2d U. S. Cavalry, a prisoner, did allow the same ])risoner to escape. All this at or near Fort Leavenwortli, Kansas, on or about the 23d day of October, 1866.

To whicli charges and specifications the accused pleaded as follows:

II

[13]

To the specification oi" tlie \<\ cliarjie, Xof (Jiiilti;.

To the 1st charjic, Not Guilt if.

To the specification of the "id charjie, Xof (Juiltij.

To tiie 2d charge, Sot Lhiiltij.

FINDIXfi.

The Court haviiiu' maturely considered tlie evidence achluccd, iinds tiie

accused, Private William lla-^elrass, ('omjaiiy I, 1st ]5attalion, l.'.'lh I".

S. Infantry, as follows :

orilie specification of the 1st charge, (iuUtij

of the facts set forth, hut Jittach no criminaliiy thereto.

Of the 1st charge, Giiiltij,

l)ut attach no criminality thereto.

Of the specification of the "id charge, (liillti/,

hut attach no criminality thereto.

Of tiie 2d charge, Guiltji,

Imt attach no criminality there:o.

And the Court doe* therefore acipiit him, the said Private William

Ihisfelrass, Company I, 1st Uattalion, l.'Uh I'. S. Infantry.

Utli.— Patrick Donnelly, I'rivate Comjiany K, 1st I'.attalion, Huh l".

S. IiifMiitry, on tiie following cliarge and specification :

CllARrtK—Xrgh'rt of dutij.

SjK'cijicutinii.— In this, that he, Patrick Donnelly, Private of Company

K, 1st Uattalion, \'M\\ \ . S. Iii!antry, having been duly de:ailed for, and

iiior.iited a>^ a inemher of the guard, did, while posted as a seniinel in rear

of the guard house, at ]>ost No. 2, sutler two prisoners to escape fi'om the

yiiard liouse. This at or near Fort Leavenworth, Kansas, on or ahoiit

ihc 16th day of October, ISOC.

To which Ciiai'ge and sj)ecification the accused pleaded as follows:

To the specification Sot Guiltij.

To the charge, Sot Guiltij. /

K1M)IX(;.

The Court having maturely considered the evidence adduci'd, fiiuls the

;ii'ciised, Patrick Donnelly, Private of Com])any K, 1st Battalion, i:5th I. S. Infantry, as follows :

'H'the specification Sot Guiltij.

"f the charge, Sot Guiltij.

And the Court does therefore ac<juit him, the said Patrick Donnelly,

I'rivate of Company K, 1st Battalion, l;5th I'. S. Infantry.

loth.—Jolin ^IcCarthy, Lance Sergeant, Comjiany T, 13th U. S. Infaut-

^^', on the f(dlowiiig cliarge and specification :

1 h

% k

W^^i^

[1^] C'li.viuiJ-:—Neglect of clufi/.

Specljieidioii.— In tliis, that lie, Lanoe Sergeant Jolui MeCartliv, Coiujiaiiv

I, l.'Jtli U. S. Infantry, liaving l)een re.yiilarly detailed a-; Aeting-Ser-

geant of the I'ost (xnard, and in cliarge of jirisoners at tlie Post guard

liouse, did negleel las duty as sncli ))y failing to ))roi>erly fasten the

(l;)or of the prison room, tlierehy allowing two prisoners, named Moonev,

("onipany I), od U. S. Infantry, and Dnrfey, Company L, 7th T'. S.

Cavalry, to eseaj)e. This at Fort Leavenworth, Kansas, on or alioiit

the 17th day of Octoher, 1866.

To which charge and specification the accnsed pleaded as follows:

To the specification, Xot (hiiltii.

To the charge, Not Guilfti.

FlNDINCi.

Tiie Court liaving maturely considered the evidence adduced, finds tiic accused, Lance Sergeant John McCarthy, Company I, l.")tli C S. Infantry,

as f(jllo\vs :

Of the specification, Guilt\j.

()f the charge, (hdlttj.

SKN'TKNC'K.

And the Court does therefore sentence liim, the said Lance Sei'geant

.John ]McCarthy, Com])any I, 115th V. S. Infantry, to he reduced to tlic

ranks, and confined at hard la1)or for the jjcriod of two ("Jl months, ;inil

t(^ forfeit to tlie Ignited States ten ($10) dollars jier month of his monthly

pay, tor the same period.

Kuii.—Michael llafFord, Private of Company C, od Lattalion, lilili V.

S. Infantry, on the following charges and specifications:

CnAl{(;K—Conduct to the j>rejiidicc of good order and miHtari/ dix['ipli)ir.

Specijicdtion Ist.—In this, that he, Private Michael Ilaflford, Company ( ,

od Battalion, 10th IT. S. Infantry, did engage in a hand-to-hand tigiit

with Sergeant Axel M. Day, Company C, 'M Battalion, lUth V. S.

Infantry, and did hite off a ])iece of the ear of the said Sergeant Day.

This on or about the 'i.'kl day of Novend)er, 1S66, at or near Yort

Leavenworth, Kansas.

Specification 2d.—In this, tha' he. Private Micliael Ilaftord, Conrpany (',

3d Battalion, lUth V. S. Infantry, did offer violence to Sergeant Axel

M. Day, Company C, 3d Battalion, lOth U. S. Infantry, by strikini:

liim with his clenched fist. This on or about Novendter'23d, 1^61), ;ii

or near Fort Leavenworth, Kansas.

To which charge and specificaticms the accused pleaded as follows:

To the 1st specification, (hidla.

To the 2d specification, -V'^' f'"'%-

To thechar-c ^'of Guilhi.

nl

ilv

in,ir

iltil.

Iltii.

11 til.

[15]

FlXDIXd.

Tlio Couil li;i\ iiiif niatiiroly cDiisiderecl tlio ovidoiu"!.' adduced, fwuX^^ tlu'

;U(IIHH1, rrivato Miciiaol JIaHord, ('i)inj)aiiy (', ;>(! Battalion, l!»;li V. S.

Infantry, as fcillows:

Of the li^t s])C'cilira t ion, dnllti/

(if the facts set forth in this specitication, hut attaidi nu criminality

thereto.

Of the 2<] sjiet'ifK'ation, (JiiUtij

of the fac.'s set forth in this specification, hnt at'ach im criminality

thereto.

Of the charge, Guilt;/,

l)Ut attach no criminality thereto.

And the Conrt does thej-efore acijuit him, the said Michael llafi'ord,

Privaleof Company (', od Battalion, IDtli l'. S. Infantry.

17th.—James Smith, Trivate Company I, 1st Battalion. l."*>tli 1'. S.

Infantry, on the followinj;; charges and specifications:

CITAIW^F: l>t—J>riniLrnnfss, to the pnjiiiUcr nf r/tiwl ordrr inid militari/

(li.'<r!j)llii<\

Sjirrijiciitimi. — In ihis, that he, James Smith, I'riva'e Com])any 1, l.-i

Iiattalion, l.'ith 1'. S. Inlantry, did apj)ear in his company (jiiartcrs in

a state of intoxication. This at P'ort I.eavenworth, Kansas, on or

;il)ont the 'I'Mh day of November, IXOti.

CiiAiKiK 2d—Di.trefpert to hix xiiperiar officer.

Spi'cifwntlou.—In tliis, that he, James Smith, Private, of Company I, 1st

Iiattalion, l.'ith I'. S. Inlantry, did say, when ordered l)y 2d I>ieut.

I'red. M. Lyiide, 22d V. S. Infantry, to the guard honse, "(iod damn

your SOI 1 to hell," or words to that effect; and while on the way to the

K'lard house, did turn around towards the said TJeut. Fred. M. Lynde,

and say: "you damned son of a bitch," or words to that efiect. This

at Fort Leavenworth, Kansas, on or about the 2!Uh day of N()vend)er, l.SGf).

To which char<;es and specifications the accused pleaded as follows:

To the specification of the l.st charge, 2\t>t Guilty.

Tothe 1st charge, Xot Giiilti/.

To the specification of the 2d charge, Xot Guilty.

TolJip 2d charge Xot Guilty.

FINDINO.


accused, James Smith, Private Company I, 1st Battalion, loth V. S.

Infantry, as follows:


<»fdielst charge, Guilty.

[16] Of tlio sjK'cifk'Htion of the 2(1 cliarjio, (Juilfi;, or the 2(1 cliar^T, Gtiiltif.

.Vnd the Court (h)es tlierefore senteiK-e liim, the said James Smith, Pri- vate Company I, 1st Battalion, \'Mi V. S. Infantry, to be confined at hard labor, breakinji; stones, nnder cliar<je of tiie jjjnard, from Keveillc until lietreat, for tiic period C)f six ((>) months, allowinji; one hour each day for dinner, and to forfeit to the I'nited States ten dollars (?10) per month, of his montlily pay, for the same i)eriod.

ISih.—llobert Mitehell, Private Comj)auy (r, 'M V. S. Infantry, dii tiie following eharge and speeilieation :

C11A K(; K—DcKCii inn.

Specification.—In this, that he, llobert Mit(>lK>11, Private Company C, I'xl IJ. S. Infantry, a duly enlisted soldier in the service of the Unilid States, did, on or about the 22d day of September, 18()(), absent himself from and desert said service, and ren»ained absent until on or about the 28th day of September, 18t)(), when lie voluntarily surrendered himseU. Tills at Fort Leavenworth, Kaiisa-:, on or about tlie (hites above speci- iied.

To which charge and specihcation the accused pleaded as follows;

To the specification, Gnillii, except the words "and de-ert."

To the charge, ^ot Guiltii, but guilty of absence witliout leave.

FINDINCi.

The Court having maturely considered the evidence adduced, finds tiic accused, Robert Mitcliell, Private Company (1, :5d V. S. Infantry, as follows : Of the specilicati(m, Gullfii,

with the exception of the words "and desert," and sul>-;titnting for the dates 22d and 28th of September, the 12lli and 22d Se[)tembor respectively.

Of the charge, Not Guiltii, but guilty of absence witlumt leave. i

SKXTKXC'K.

And the Court d(jes therefore sentence hiui, the said Robert Mitchell, Private Company Cr, od U. S. Infantry, to be confined at hard labor, under charge of a guard, for the period of one (1) m(mth, and to forlcil eight (8) dollars per montli, of his monthly pay, for two (2) months.

TI The findings and sentences in the cases of .lohn Keller, Drum M;'- jor, (principal musician,) 3d U. S. Infantry, Privates .John Davis, Com-

[17] pany K, Sd Battalion, lOtli U. S. Infantry, William McNamara, (.'oru- paiiy I, Itit Battalion, VMh U. S. Infantry, Wni. Henry, Coniiiany K, IJd Battalion, 13tli U. S. Infantry, John Williams, Light Company B, 4tli V. S. Artillery, James Smith, Company I, 1st Battalion, 13th U. S. In- fantry, Eohert Mitchell, Company (1, 8d U. 8. Infantry, are ap])roved. The sentences will be duly executed.

The findings and sentence in the case of Peter Tliobahin, leader of the band, 3d U. S. Infantry, are confirmed, except so much as relates to hard labor, which is remitted, it being contrary to the sj)irit of the Kegnlations and to the customs of the service in such cases. Non-commissioned officers are not to be confined, as such, with other prisoners; and the leader of a band, it is considered, has the same relative position among non- oomniissioned officers, as Ordnance Sergeants and Hospital Stewards, who cannot be reduced to the ranks. That portion of the sentence is therefore not approved. The remainder of the sentence will be duly executed.

The findings and sentence in the case of Private Charles Kinloth, Com- pany D, 3d U. S. Infantry, are approved, exce[>t so nuich as refers to confinement in the Penitentiary, such being in violation of (xen'l Orders, Xo. 95, War Department, December 10th, LSOli, is mitigated to confinement at hard labor, under charge of a guard, for one year. The Court liaving recommended the prisoner to the clemency of the Major CJeneral Commanding, owing to his ignoran(;e of the Knglish language and the short time he has been in the service, so much of the sentence as refers to hard labor, confinement, and dishonorable discharge, is hereby remitted. The remainder of the sentence will be duly executed. The prisoner will be released from confinement and returned to duty.

The findings and sentence in the case of Private John Welch, Company C, 3d Battalion, 19th U. S. Infantry, arc confirmed, except so much as requires him to be "indelibly marked," such being in violation oftien- eral Orders No. 9.), W^ir Department, Dec. 10th, IHfitJ, is remitted. The remainder of the sentence will be duly executed.

The findings in the cases of Bugler Charles W. Brotherhead, Light Company B, 4th U. S. Artillery, Privates Edmund Friedel, Company L 3d Battalion, 1.3th U. S. Infantry, William Hasselrass, Comi)any I, 1st

f Battalion, 1.3th I^ S. Infantry, Patrick Donnelly, Company K, 1st Bat- talion, 13th U. S. Infantry, and Michael Ilafford, Company C, 3d Bat- talion, 19th F. S. Infantry, are approved. The prisoners will be released from confinement and returned to duty.

Ihe findings and sentences in the cases of Lance Corporal .John McCoy, Company K, 3d Battalion, 19th V. S. Infantry, and Private Patrick %rnes. Company K, 3d Battalion, 19th U. S. Infantry, are confirmed, except so much as relates to confinement in the Penitentiary, such being

C

i

[18]

in violation of (icncral Orders No. 9"), War I^cpartmcnt, Dec. lOtl), 1866, is mitigated to confinement at hard labor, under charge of a guard, for the ])eriod of one year; at the end of which time they will be dishonorably discharged the service of the United States. The sentences will be dvily executed.

The findings and sentence in the case of Lance Sergeant John McCar- thy, Company I, 13th U. S. Infantry, are approved. Although the prisoner is recommended to the clemency of the Major Gencr;il Commanding, he does not feel that he would, in this case, be justified in extending it. In view of the responsible pcsition the accused held at the time, as Ser- geant of the Guard, having entrusted to his keeping many prisoners, the interests of the service demand that an example should be made, in order that others may realize the responsibilities, and exercise that care, attention and vigilance, necessary to a proper execution of the duties required in such positions.

15y command of Major General HANCOCK

Cnpfain anil Acting Assi.-^fanf Adjutant General.

OFFicrAi,:

Axsistant Adjufanl General.

O. C. ]V1.

s. !l.

HI.

11.

12.

1:5.

James O'Neil, Private Co. E, '.id V. S. Infantry,

(reorfje Tyler, Private Co. A, 7th V. S. Cavalry.

Lewis Miller, Private Co. E, '.id V. S. Infantry,

(ieorjje Williams, Bugler Co. I, 7th T^. S. Cavalry.

Frank Reynolds, Private Co. I, 7tli U. S. Cavalry.

.\ntiiony Cross, Pi-ivate Trooi) K, 7th I'. S. Cavaii-y.

Jolin W. liower, ('orjioral Co E, 7tii I'. S. Cavalry.

Levi Weaver, Private Co. E, 7th V. S. Cavalry.

Frani<lin McKiiiney, Sergeant Co. I>, 7th I'. S. Cavalry.

J(.lin MeMillian, Sergeant Co. 1), 7th V. S. Cavalry.

Frank Penniman, Private Troop C, 7tli V. S. Cavalry.

FVanklin (Ireen, Private Trooj) C, 7th I'. S. Cavalry.

William (Jearhart, Private Co. I, .'5il V. S. Infantrv.

HEADQl^VKTEKS DEPARTMENT OF THE MISSOl'KE » EoKT LKAVKNWOUTII, KANS.\!>, December 29, ISGlJ. 1

• JENEKAL ORDERS, \ No. 85. )

1 He'ore a Ceieral Conrt Martial, convened at Fort Riley, Kansas.

Xdveniher 2Stli. IStUl. pnrsnant to Special Orders, No. 74, Paragraph 2,

Current Scries, from these Ileadipiarters, and of which Rrevet Major

'ifiK'tal Alfred (;ih))<, Major 7th l'. S. Cavalry, is President, were

airaigried iind tried : —

ist. —Private James O'Neil, Company E. 8d W S. Infantry, on the fol- I'lwirii: cli.'irges and s])cciHcations :

Cii A lic, E 1 st— Dexerfioii.

Spccijindldii.—In this, that he, the said Private James O'Neil, Com-

imny E, ,'5(i U.S. Infantrv. a dniv enlisted soldier in the service of the

il

United States, being regularly de:ailed as u member of the Post (Juanl

at Fort Kiley, Kansas, and duly posted as a sentinel over the stable

where the liorses of the band of the 2d V. S. Cavalry were kept, did deêr(

his post and tlie serviee of the United Stales, and did remain ab-eiit

therefrom until apprehended near tiie town of Manhattan, Kansas, mi

the night of the "iOth of June, 18()(), by a party sent in pursuit. 'I'liis at,

i''ort Kiley, Kansas, on or about the liOth day of June, IHlUi.

C'liAiuiE 2d — Coiidart prcJiKliridI ta (jood order (iiid luilitanj dUcipliiie.

Specijjcation.— In this, that he, tlie said Private James O'Neil, Com-

pany E, ;id U. S. Infantry, did steal a U. S. horse, from the stable where

the horses of the band of the 2d U. S. Cavalry were kept, and did retain

the same liorse in liis possession until he was apprehended on the horse

by a party sent in pursuit, after liaving deserted frcjm his proper posi-

This at Fort Kiley, Kansas, on or about the 20th day of June, 18()().


To the si)ecitication of the 1st charge, Not Guiltij.

To the 1st charge, i\ot Guilty.

To the specification of the 2<l cliarge, Not GuUtij.


FINDING.

The Court having maturely considered the evidence adduced, find the

prisoner, Private Jame-; O'Neil, Company K, od U. S. Iniantry, a; lol-

lows : Of the specification of the 1st charge, Guilty.

Of the 1st charge, (luiltij.


except the words following "until."


SEXTENCK.

And the Court does therefoic sentence h!m. Private James O'Neil,

Companv E, :>d U. S. Infantry, to forfeit all pay and allowances that are

or may become due liini, and to be confined in such S;ate Prison or Pen-

itentiarv, as the Commanding (iencial of the Department may ditect, lor

the period of two years.

2d.—Private (icorge Tyler, Company A, 7th 1'. S. Cavalry, on the fil-

jowing charges and specifications :

CHARGE 1st—Strikimj a noii,-eoniuii!<.îoiicd officer while, in the diêliariji' "J

hi.^ duty.

Specification \d.—In this, that he, the said Private (Jeorge Tyler, Com-

pany A, 7th U. S. C'avalry, while under the influence of intoxicating

liquor, and when ordered to the guard liousc, did strike the 1st SerireaiH

If

of his Company, Ilcnry Hall, while .said Ist Sergeant was enforcing hit-

lawTul orders. This in A company quarters, at Fort Kiiey, Kansas, on (ir about the 1st day of October, 186(>,

SiH'ciJication 2d.—In this, that be, the said Private (Jeorge Tyler, Com-

pany A, 7th U. S. Cavalry, when taken to the guard house and turned

over to Sergeant John A. Mather, Company A, 7th U. S. Cavalry, Ser-

};eant of the (Juard, did strike the said Sergeant Mather while he was

confining him. This at Fort Kiiey, Kansas, on or about October 1st,

1866.

Specijicntion 3<i.—In this, that he, the said Private (Jeorge Tyler, Com-

pany A, 7th U. S. Cavalry, did kick Sergeant Frank Ilouben, Company

A, 7th U. S. Cavalry, while the said Sergeant was assisting to arrest him.

This in the c()m[)any tjuarters of the 7th V. S. Cavalry, at Fort Riley. Kansa.s, on or about October 1st, 18G().

Specijimtioii 4th.— In this, that he, the said Private (Jeorge Tyler, Com-

pany A, 7th V. S. Cavalry, did kick Sergeant John .\. Mather, Company

.\, 7tli U. S. Cavalry, Sergeant of the (iuard, while the said Sergeant was

rnnfining him. This at the guard IKJUK', Fort Hiley, Kansas, on or

about October 1st, 1S()().

("H.\i{(iK 2(1—( oridiirt jirejudiridl to (/aod order and inilittiry di.'<ripline.

Spec!tication.—In this, that be, the said Private Oeorge Tyler, Com-

pany A, 7th U. S. Cavalry, when ordered to the guard house by the Ist

Sergeant of his Company, did say to him, "go to hell, you son of a bitch,''

or words to that eflect. This at Fort Kiiey, Kansas, on or about October

l^t, 1866. CilAiUiK .■?(!—I)runlirinit'.'<.t.

Specification.—In this, that he, the said Private (Jeorge Tyler, C/om-

pany A, 7th U. S. Cavalry, was so much under the influence of liijuor as

to conduct himself in a riotous and mutinous manner in his company

iliiarters, and at the Post guard bou.sc. This at Fort Kiiey, Kan.sas, on

or about the 1st October, 1806.

To which charges and sjiecifications the accused pleaded as fcdiows :

To tlio 1st specification ofthe 1st charge, Not Guilty.

To llic 2(1 specification of the 1st charge, Not Guilty.

To the .']d specification ofthe 1st cliarge, Not Guilty.

To the 4th s[)ecificati()n of the 1st charge, Not Guilty.


To the specification ofthe 2d charge, Not Guilty.


To the specification of the -Sd charge, Guilty.

fi) the o(l charge, Guilty.

riMuxci. The Court having maturely considered the evidence adduced, Hnd the

accused, Private Ueorse Tvler. fomjiany A, 7th T'. S. Cavalry, as follows:

or the 1st speciticalion of the 1st charge .Yr>^ (luilli/.

Of the 2d specification of the 1st charge, .V<// Guilty.

Of the 3d specification of the 1st charge, Sot Guilti/.

Of the 4th specification of the 1st charge, Xot Guilti/,

Of the 1st charge, Xot Guilty.

Of the specification of the 2d charge, Guilt if.


Of the s|)ecification of the 3d charge, confirm the plea of the accused and

find him Guilty.

Of the 3d charge. <imfirm the plea (tf the accused, and find liini Guilty.

SENTKXt i:.

And the Court does therefore sentence him, Private (ieorge Tyler, Com-

pany A, 7th I . S. Cavalry, to he confined at hard lahor, in charge of the

Post Guard, for the period of one (1) calender month, and to forfeit ten

(10) dollars of his monthly pay, for the same jieriod.

3d.—Private Lewis Miller. ('oru|auy K. 3d l'. S. In autry, on the lol-

lowing charge ond specificati(ni:

Vll.^Rar.—Cdiiflucf prejurliri'd tn i/nml urdi-r (i:i'l uiiUlnri/ <li.-<'ijiliitr.

Specijicatioii.—In this, that he, Private Lewis Miller, Company E, 3(1

r. S. Infantry, did enter the quarters of Asst. Surgeon \V. IL Forwood,

(■. S. A., and there secretly and stealthily search through his private

trunk, hoxes, drawers, &c., and did take therefrom a gold ring, some sil-

ver coin, valuable mineral specimens, and other articles, the jiroperty el

\V. H. Forwood, and ajipropriate the same to his own ust-. witlxiut tlir

knowledge or consent of the owner. Ai! this a' lort Hiley. Kansas, mi

or about the first week in October, IStiti.

To whicli charge and specification the accused pleaded as follows:

To the specification, A'"/ Guiltii.

To the charge X"> (hiilty.

I INl)IX(i.

The Court having nuiturely considered the evideni-e adiluced. finil the

ai-cused. Private Lewis Miller, Company L, :>d V. S. Infantry, a- follows:

Of the specification, GuiUy.

Of the charge, Guilty.

SEXTKNCE.

And the Court does therefore sentence him. Private Lewis Miller.

(Company E, 3d U. S. Infantry, to forfeit to the I'nited States all pay

M

L'>] ;iii(l allowances that are or may become due him, excejit the jnst dues of

the laundress and sutler, and to he confined in sndi State Prison or Pen-

itentiary, as the Coniniandin}^ OHii'cr of the I)ej)artment may direct, for

ilie period of one year.

4th.—Bugler (ieorjie Williams, Company 1. 7th l. S ('a\ airy, on the

following charge and s|>ecification :

CliARCF.— De^et-tinii.

Speriticntiiiii. — In this, that he, the said Kugler (Jeorge Williams, C'om-

])aiiy I, 7th I. S. Cavalry, a duly enlisted soldier in the service of the

I'nited States, did desert the same, from the camp of the 7th V. S. Cav-

alry, near Yort Riley, Kansas, on or about the Sth day of October, 1866,

absenting himself until i)rought back under a guard on or abotit the 24tli (lay of October, IStit).

To whicli charge and specitication the accused pleaded as follows:

To the specitication, Guiltii.

To the charge Guilt)/.

FINDIXG.

The Court having maturely considered the evidence adduced, confirm

the plea of the prisoner and find him as follows:

or the specification Guilty.

Of the charge Guilty.

SKNTKXCF.

And the Court <h»es therefore sentence him, Bugler (Jeorge Williams,

of Company I, 7th V. S. Cavalry, to forfeit all pay and allowances now

due him, to make good tiie time lost by desertion, to forfeit ten (10)

dollars of his monthly pay for six (6) months, and to walk a ring twenty

i20) feet in diameter, in front of the guard hou.se, from Reveille until Ketrea*, carrying a log of wood on his shoulder, wi'ighing ten (lOi

pounds, two hours o.i and one oti" for one month.

•")tii.—Private Frank Kcynolds, Company I. 7tli \ . S. Cavalry, on the

following charge and specification:

Cn .VK(ii:^/>c.<('/7('i((.

Specification.— In this, that he, the said Krank Reynolds, Private of

< ompany I, 7tb V. S. Cavalry, a duly enlisted man in the service of the

I nited States, did de.-ert the .<ame, from the camp of the 7th I". S. Cav-

alry, near Fort Riley, Kansas, on or about the Sth day of October, 1866,

iiliseiiting himself until brought back under guard on or about the 24tli

<iay of October, 1S6().

To which charge and s])ecifi(ation the accused i>leaded as follows :

fi) the specification Guilty.

in the charge, Gnilfv.

," • 'i:*;: >|;.::

1 ; v\

I

«

[6] FINDING.

The Court having maturely considered the evidence addiced, confirm the plea of the accused, and find him as follows:

Of the specification, iiuiltv. Of the charge, Guilty.

SENTENC'K.

And the Court does therefore sentence him, Private Frank Keynold)-. Company I, 7th U. S. Cavalry, to forfeit all pay and allowances that an- or may become due him, and to be confined at such State Prison, or Pen- itentiary, as the Commanding General of the Department may designate, for three years.

6th.—Private Anthony Cross, Troop K, 7th U. S. Cavalry, on the following charge and specification:

C n A RG E DPUP rtio II.

Specification.—In this, that he, the sai<l Private Anthony Cross, of Troop K, 7th U. S. Cavalry, a duly enlisted soldier in the .-service of the United States, did desert the same from the camp (if the 7th U. S. Cav- alry, near Fort Kiley, Kansas, on or alxnit the Stli day of October, 18f)(i, absenting himself until brought back under guard, on or about the 24(11 day of October, 1806.

To which charge and specification tlie accused pleaded as follows:

To the specification, Guilty. To the charge, Guilty.

FINDING.

The Court having maturely considered the evidence adduced, confirm the plea of the accused, and find him as follows:

Of the specification, Guilty. Of the charge, Guilty.

SENTENCE.

And the Court does therefore sentence him. Private Anthony Cross. Troop K, 7th U. S. Cavalry, to forfeit all pay and allowances that are or may become due him, and to be confined in such State Prison or Peni- tentiary as the Commanding Oeneral of the Department may direct, U>r

three years.

7th.—John W. Bower, Corporal Clompany F, 7th U. S. Cavalry, on the following charge and specification:

CHARGE—Desertion.

Specification.—In this, that he. Corporal John W. Bower, Company F, 7th U. S. Cavalry, having been duly enlisted as a soldier in the service of the United States, did desert the same, at Fort Riley, Kansas, on the 22(i

[7] Hay of Septeinbcr, IS()C>, and did remain absent until apprehended in

Shawnee County, Kansas, on the oth day of October, 186t>. This at or

near Fort Hiley, Kansas, on or about the date above mentioned.

To wliich cliarge and speoilication tlie accused pleaded as follows:

To the specitieation Guilty.

Po the cliar^re, Guilty.

Kixi>iX(;.

Tlie Court lia\ inir maturely considered tiie evidence adduced, eonlirni

ilie plea of the accused, and find him. Corpora! .John W. IJower, Com-

pany E, 7th r. S. Cavalry, as follows: Of the specification, Guilty.


.SKXTEXCE.

And the Court does therefore sentence him, Corporal John W. Bower,

Company E, 7th I'. S. Cavalry, to be reduced to the ranks, to forfeit all

pay and allowances that are or may become due him, except the just dues

of the laundress and sutler, and to be confined for the period of three

years in such State Prison or Penitentiary as may be designated by the

Coninianding (Jeneral of the I)c]tartment.

■Stli.—l,evi Weaver, Private Conij)any L. 7th U.S. Cavalry, on the fol-

lowing chari;e and specification:

C11A IJ(; K—l>r.<ritii»i.

Sperilicctti'iii. —l]\ this, that he. Private Levi Weaver, Company L, 7th

r. S. Cavalry, duly enlisted in the service of the United Slates, did desert

the same on or about the llth day of October, 18(J6, and did remain

absent, until ai>|)rehended at or near Kort Leavenworth, Kansas, on or

about the lOth day of October, 18(5(). This at Fort IJiley, Kansas, on or

about the llth day of Oc'.obe:-, ISGC.

To wliicli cliarge and s[iec:lication the accused pleaded as follows:

To the s|)ecification, Guilty.

To the charge (Uiilty.

FlXI)IX(i.

The Court having maturely considered the evidence adduced, confirm

the plea of the accused, and find him. Private I.,evi Weaver, Company

h, 7th U. S. Cavalry, as follows :

Of the specification Guilty.


SEXTKXCK.

And the Court does therefore sentence him. Private Levi Weaver, Com-

pany L, 7th U. S. Cavalry, to forfeit all pay and allowances that are or

may become due him, except the ju.«t (lne< of the laundress and sutler,

1^. V

W

Vi.,,. I

[8] aiul to be confined in sneh State Prison or Penitentiary as liie C'onunand-

ini; (xencral of the Department may desij^nate, f<»r three years.

ihli.—Franlvlin MeKinney, Serjijeant Conipany !>, 7ih l. S. ('avalrv.

on the following charges and specifications:

CHARGK 1st—DrKiikeiUHsK on dutij.

Specitication.—In this, that he, the said Sergeant Franklin McKiiniey.

Company D, 7th U. S Cavalry, did, while on dnty. as Sergeant of tlu

gnard at the pontoon bridge across the Kepnblican river, near Fort Kiley.

Kansas, become so drnnk as to be nnable to properly j>erform his duties.

This at or near Fort Riley, Kansas, on or about the 2(1 day of Novem-

ber, 1866.

CHARGE 2d—Conduct prejudicial to c/ood order <tnd militury discipline.

Specification.—In this, that he, the said Sergeant Franklin McKiinuy,

Company D, 7th U. S. Cavalry, did, while on duty as Sergeant in charge

of the guard at the pontoon bridge across the Kepnblican i-iver, near Fort

Riley, Kansas, give whisky to the jjrivates of his gnard, and allow tiic

privates of his guard to drink whisky, while on duty. This at or near

Fort Riley, Kansas, on or about the 2d day of November, 1866.

Specification 2d.—In this, that he, the said Sergeant Franklin MeKin-

ney, Company D, 7th U. 8. Cavalry, while on duty in charge of the guard

at the pontoon l)ridge across the Republican river, near Fort Riley, Kan-

sas, and having been instructed to prevent all soldiers, without passes.

from crossing said bridge, did allow soldiers from the garrison at Fori

Riley, Kansas, without passes, to cross the bridge and return. This at or

near Fort Riley, Kansas, on or about the 2d day of November, 1866.


To the specification of the 1st charge, Not Guilty.


To the 1st specification of the 2d charge, Not Guilty

To the 2d specification of the 2d charge, Not Guilty.

To the 2d charge Not Guilty.

The Court having niatnreiy considered the evidence adduced, find ilic

accused. Sergeant Franklin McKimiey, C(irn|iany I), "lli l. S. Cavalry.

as follows:



Of the 1st specification of the 2d charge, Guilty-

Of the 2d specification of the 2d charge, Guilty.

except the words "and return."

Of the 2d charge, ''"'"!'■

■^VStWrr-.

[0] SENTENCE.

And the Court does therefore sentence him, Sergeant Franklin McKin- nev, Company D, 7th U. S. Cavalry, to be reduced to the ranks, to have his chevrons cut from his sleeves in front of the Battalion, to forfeit ten (10) dollars of his monthly pay for six months, and to be confined at hard labor, in charge of the post guard, for one month, each alternate day to walk a ring twenty (20) feet in diameter, carrying a log of wood weighing fifteen (15) pounds, from daylight until retreat, one hour on and one hour oflT.

10th.—John McMillian, Sergeant Coni})!iny 1), 7th U. S. Cavalry, on the following charge and specification :

CHARGE—Breach of arrent.

Specification.—In this, that he, Sergeant John McMillian, Company D, 7th U. S. Cavalry, did, (while under arrest,) leave his quarters and jjost without authority from his commanding (jfficer, after Ketreat, on or about the 23d day of November, 1866, and did go to Junction City, Kansas, and (lid remain ab.^ent until the 21th day of November, 1866. This at Fort Kiley, Kansas, on or about the 23d day of November, 1866.



FINDING.

The Court having maturely considered the evidence adduced, confirm the plea of the accused, and find him. Sergeant John McMillian, Compa- ny D, 7th U. S. Cavalry, as follows:


SENTENCE.

And the Court does therefore sentence hini. Sergeant John McMillian, Company D, 7th U. S. Cavalry, to forfeit ten (10) dollars of his monthly liay for three months, to be confined at hard labor in charge of the guard for one month, alternate days, during the m!)nth, to walk a ring twenty feet in diameter in front of the guard house, from Eeveille until Retrea*, one hour on and one hour oft", carrying a log of wood on his shoulder ^■eighing fifteen (15) pounds.

11th.—Frank Penniman, Private Troop C, 7th U. S. Cavalry, on the following charge and specification:

CHARGE—Desertion.

Specification.—In this, that he, the said Private Frank Penniman, Troop "-) 'th L. S. Cavalry, having been duly enlisted into the service of

[10]

u

the United States, did de.-ert tlie same, and did ab ent liiniself lVi:ni

liis Troop and Ke^^inient, unlil a[)i)reliended and bronjijlit l)ack by a

<;nard, on or about Oc'.ober "ilth, 18(i(). All this on or al)')nt tlie lilst day

of October, 18t)G, at or near Fort Jiiley, Kansas.

To which charge and s[)ecItication tlie accused pleatled a; I'ollows:

To the specification, Guilty.

To the charge, Guiltij.

KrNDINIi.

The Court having maturely considered the evidence adduced, c mlirin

the plea of the accused. Private Fraidv I'enniman, Troop (', Ttli l'. S.

Cavalry, and find him as follows:

Of the specification, Guilty.


SENTENCK.

And the Court does therefore sentence him, I'rivate Frank I'enniniaii,

Troop C, 7th U. S. Cavalry, to forfeit all pay and allowances that are oi-

may become due him, except the just dues of the laundiess and sutler,

and to be confined in such State Prison or Penitentiary as the Command-

ing General may designale, for the jieriod of tlirec years.

12th. followii

ipC, 7th V ( avalrv, nn the -F'ranklin (rreen. Private of Tn

: cliarge and specification :

CH AUCE—Dcsrrtiitll.

Specification.—In this, that he, Franklin (ireen, Private of Troop (',

7th U. S. Cavalry, having been duly enlisted in the service of the Uniteil

States, did desert the same, and did aV)sent himself from his Troop and

Regiment until apprehended and brought back by a guard, on or ahout

October 24th, 186(;. All this on or al>out ilie 21st day of October. IStiti,

at or near Fort Rilev, Kansas.

To which charge and specification the accused pleailed as inllows:


To the charge, tiuilty.

EINOINCl.

Tlie Court having maturely considered the evidence a(Uluced, contiriiu'il

the plea of the accused. Private Franklin Oreen, of Troop C, 7th I . !^-

Cavalry, and find him as follows:

Of the specification, Guillij.


SENTENCE.

And the Court does therefore sentence him, Private Franklin (ueeii,

Troop C, 7th U. S. Cavalry, to forfeit all pay and allowances that are or

[11] iiiav become due him, excejjt tlie Just dues of tlie lauudress and sutler,

and to be eonfiued for tliree years in sueli State Prison or I'enitentiary as

iho ('omm!indin<; (ieneral of tlie I)ej)artment may desi;^nate.

l.''>tii.—William (learliart, Private ('om[)any I, o<i l'. S. Infantry, on

ihe f<illo\vin<; c'l:; rue and sj)eeifi('ation :

('IIAU(;E—yfcjlfi't of (Jutij (IX HI iitliiel.

Spfcification.—In this, that he, tlie said Private William (Jearhart,

( oinpuny I, 'S<\ I . S. Infantry, a nieniWr of the post guard, regularly

detailed for the same, and duly posted as a sentinel on No. 1 at the guard

house, over the jirisoners, did grossly neglect his duty by allowing a juis-

oiur under his charge, viz: Private Kelley, Company I, od l'. S. Infantry,

10 escape. This at Fort Kiley, Kansas, on or about July 2(itli, 1S()0.

To which charge anil specification the accused pleaded as follows;

To the specification, Sot (liii'ty.

To the charge, Sot (Jnilt;/.

FIXDiNd.

Tlie Court having maturely considered the evidence adduced, iind the

accused. Private William (Jearhart, Company 1, '6d U. S. Infantry, as follows:

Of 1 lie sj;ecitication, Not Guiltij.

Of the charge .V"^ Guilt;/.

And the Court does theiefoie acjiiit him, the ^aid William (iearhart,

i'livate of C(imi)aiiy I, od V. S. Infantry.

II The proceedings, findings, and sentences, in the foregoing cases of

Corporal John W. Power, ('om|iany E, 7th l. S. Cavalry, Privates James

O'Neil, Company E, Hd U. S. Infantry, Frank Reynolds, Company I, 7th

r. S. (,'avalry, Anthony Cross, Troop K, 7th I'.S. Cavalry, Levi Weaver,

< (imiiany L, 7tii I'. S. Cavalry, Fiank renniman. Troop C, 7tli l'. S.

< avairy, and Franklin (Jrecn, Troop C. 7tli \ . S. Cavalry, ari'approved, L'xccpt so niucli as rela'es to conlinement in tli<' Penitentiary, such lieing

in violation of (General Orders No. Do, War I)ei>artment, I)ecend)er lOili.

W)C). The sentences are mitigated as follows: To confinement at hard

lalior, under charge of the guard, for the jjcriod of one year, to forfeit t<i

tlie United States all jiay aiid allowance, except the just dues of the laun-

'hess, and necessary fatigue clothing, for the same ]ieiiod. The st'nlen- I'os will he duly executed.

Tlie proceedings, findings, and sentence in the case of Private (ieorge

lyler, Company A, 7tli V. S. Cavalry, are apjjroved. The sentence will '•0 duly executed.

The proceedings, findings, and sentences, in the cases of Sergeant Frank-

lin McKinney, Compnny D, 7th U. S. Cavah-y. and Pugler fJeortre Wil-

to, V

M\\

[12]

liams, Company I, 7tli U. S. Cavalry, are approved, except so much as relates to "walking a ring," and "carrying a log of wood," which is mitigated to ordinary hard labor in charge of a guard, for the same period. The remainder of the sentences will be duly executed.

The proceedings, findings, and sentence, in the case of Private Lewis Miller, Company E, 3d U. S. Infantry, are approved. The Penitentiarv at Jefferson City, Missouri, is designated as the place of confinement. The prisoner is hereby dishonorably discharged from the service of the United States, and will be conveyed under a suitable guard to the Peni- tentiary at Jefferson City, Mo., and turned over to the Warden of said Penitentiary, who will at the same time be furnished with a copy of this order. The commanding officer at Fort Riley, Kansas, is charged with the execution of the above order.

The proceedings, findings, and sentence, in the case of Sergeant John McMillian, Company D, 7th U. S. Cavalry, are confirmed, except so much as requires him to be "confined at hard labor, under charge of a guard," and "walking a ring." It is considered contrary to the spirit and tenor of the regulations to confine a non-commissioned officer, unless lie is first reduced to the ranks. The position is an honorable one, and should not be thus degraded. It is not deemed practical to re-convene the Court. As it is, the remainder of the sentence, though inade(iuate to the offence, will be duly executed. The prisoner escapes from a punisli- nient he justly deserves. The offence being breach of arrest, he should have been reduced to the ranks. He will be released from confinement and returned to duty.

Tlie proceedings and findings in the case of Private William Gearhart, Company I, 3d U. S. Infantry, are confirmed. The prisoner will be released from confinement and returned to duty. Ill The General Court Martial of which Brevet Major (ieneral Al- fred Gibbs, Major 7th U. S. Cavalry, is President, is hereby dissolved.

By command of Major General HANCOCK : W. G. MITCHELL.

Oip/aia and Acting Ax'^ixtanf Adjutdnt General.

OFFICIAL :

Acting Assistant Adjutant General.

1 ' 1

I''

4; '¥


FROM THE

H EA DQ UART E RS

^:^

t^'-i^^^c

^/-^.y^^'^^.

18^

INDEX OF GENERAL ORDERS,

HEADQUARTERS DEPARTMENT OF THE MISSOURI.

NAMES

Adiims, John •!« Adkins. Henry L 11 Alexander, Isiulore 121 Anderson, Williani 94 Aniistroiifi;, Williani <;<>. 101

liahcock, Williiini M Haker, Williani "2 Baker, Lalkyette 14, 85 Ball, Charles 26 Banf^hart. John 70 Banersfield, Richard 94 Barrett, Daniel 38 Barnard, (xedrj^e 57 Barrett, Tlimuas 105 Barrj-, Edward 106 BuTry, John 115 Baunian. Lonis 18 Beard, James H 75 Bellard, Henr^ :W Bishop, William :« Bishoft; Peter 120 Blackman, Seth 104 Bowers, Frederick 33 Bourke, John 33 Boppert, Charles Ill Bovd, Alexander 104 Bradley. Peter 89 Breen, James 94 Bristoe, Harrison 80 Brown, Richard 47 Brown, James 02. 101 Brown, .\brahani 80 Brown, Micah R .41 Brown, Martin 99 Bull, Richard B 121 Burns, John 5 Burke, Hnghe 24 Bush, Henn- 8, 63 Bntehofsky," Geor<,'e 15 Bums, Patrick..'. 34

Cain, DavRoix 120 Campbell, James 47 Carty, James t; CaiT^ Edwird 10(» CaiToll, John 10(i Carter, Williani lO'.l Carney, Patrick 11 Cary, (."harles A (19 Cavenaugh, H. (} 4() Chamberlain, Im 48 Chandler, Robert .32 Chase, Renjamin F 33 Clarke, Joseph H 12(1 Clandins. William F 44, 60 Clayton, Thomas 90 Coiinally. William 11 Cook, James 33 Cos}j;rove. Thomas C 33 Conglilin. Daniel 28. 73 Cox. Samuel B . .12(» Clowley. Thomas . 11 Cozzens, Williani H 8 Crist, Oscar 88, 101

j Crosby, Seth J 105 Crossway, Turner 47 Cuinmings, Owen 3.3 Cmininfj;hain, Michael 95 Curley, Michael 33 Cnsack, Joseph 48 Cutler, Cornelius 5

Daley, James 57 Damer, John .99 Daniels. C. H 5 Daniels, Williani H 91 Davis, Samuel 88 Davidson, J. W 87, 108 Day, Alexander ^I 33 Delaney, Edward 105 Dickson. John 121 Dillon. Edward 105

Doherty, John 100 Doiioghne, James 83, 38 Douloii, John 97 Dorsey, Patrick 99 Dorsey, Ned 33 Dosh,'WiUiani 122 Dougherty, Thomas 44 Dowd, James 24, 106 Dustin. Franklin 26

Elliot, John W 33 Ellis, John 75 Entield, Charles 89 Eutee, Levi 90 Evans, John 36 Evans, Alexander 44, 59 Evans, HeniT Clay 47

Falvey, John 86 Fiimcan, Morgan 17 Finn, Thomas 106 Fisher, Henry E 24, 73 Fisher, John 36 Flannigan, Thomas 44 FoleY, John 66 Freitag, Selig 33 Friend, William C' 67

Gallon, John 97 (iaynor, Peter 24 Geimer, Simon 121 George, Henry 69 Gibson, James 88 Gillett, James M 26 Gillon, Daniel 36 Gillen, Louis 95 Gillespie, James 99 Gordon, Albert 14 Gordon, John 7, 33 Gray, Zebleen 27 Gray, Edward W 44 Green, Thomas E. ( 56 Greenwood, Charles 97 Gueves, Henry 26 Guise, Charles W 107 Guthrie, John B 30

Haberfelder, Ferdinand 100 Hackey, James 110 Hackett, John 119 HamUn, WiUiam 120 Hart, Martin 33 Hart, George 58 Harris, John 61 Haygood, Samuel 109 Heaton, Charles B 120

Heldenried, Kol>ert 89 Hennessey, Joseph 26, 71 Henry. John 38 Henson, John 47 Herman, Joseph 1111 Hill, Thomas 9;") Hodge. Benjamin 17 Hotfman, William 7M Holly, William 88 Howland, George W 81 Hubert, John. 38 Hudson, Caleb 80 Huot, Joseph ■!

Ingraham, Hugh 44 Inman, Henry 114 Irvine, Franklin 5(i Ives. Amos 12(i

Jackstm. Andrew 2(> Jackson, R. T 12". Jacoby, William S 61, 101 Jaraniillo, Jose IIH Jasper, Anthony 90 Jerrard, Joseph 18 Joachin, Peter 21 Johnese, Charles 68 Johnson, Charles 80 Johnson, James KM Jones, William 48, 98

Kalbeck. Daniel 2 Kearney, William 48 Keeghler, John 6!t Kehoe. Sylvester 2fi Keith, Samuel 2(i Kelly, John 24, IOC Kelly, Thomas 38 Kelly, William 90 Kelly, Patrick 90 Kennady. John 2() Kennedy, John 62 Kennedy, Lawrence 33 Keyser, William H 61 Kmdler, Patrick 14 Kilmartin, John H** Kingston, George E 3^ King, Thomas L 47 King, William F 48 King, Thomas 122 Kirker, Max 24 Krause, William 12^ Krossen, James C H'^ Kuhn, John '

Lake, Charles E ^^^

Liiuthani, C'liiulcs A 102 Large, Antonio IH Livtchford, William 107 Lathiun, Alfred 33 Lawson. Taylor 51 Leadendorf, Adolph 20 Leonard. Michael 24 Leonard, Patrick F 8 Lewis, John J 24 Lewis. Joshua 38 X/ewis, Daniel 88 Logan. Edward 94 Loltus, Michael 80 Low, Robert B 33 Lunib, John 4, 9 Lyon. Noah G2

Mackay. Thomas 104 .Maitland, Henrv (i. 47 Maloy, Edgar..' 105 Maney. Patrick... 14 Mantle. Henrv 70 Mansfield, William H 99 Marley, Jerry 33 Martin, James 57 Marshall, James 58. Ill Marlines, Mett-rio 119 Mather. Frederick 24 May, John 2, 90 Maioney. Richard 84, 101 McBeth, Daniel 3(5 McCoy, Francis 33 McCoruiick, James J 44, 92 McCoy, John 34 McConnell, Michael 120 McDugal, Alonzo 38 McFarland, James 75 McGinness, John .18 McGowan, Michael 104 McKeuna, Daniel 2 McMahon, John 95 McNainara, William 50 McNiitt, J 19 Meier, William 47 Miller, Lewis 75 Mitchell, Alexander 47 Mitchell, W. G 87 Mitchell, John J 97 Morgan, Frederick S 33 Mole, James 94 Moore, James 48, 98 Moore, John 58 Mott, William H 33 Meehan, Patrick 24 Mullen, Michael 22 Murphy, Philip 33

Murray. Edward 3:! Muiphy, Dennis 3« Mullen. John . 41 Murphy, Michael (U\ Mulick", Jacob 104 Myers, Jefferson HO Myers, Dennis HO

Nagle, John 1(»(; Nathans. Thomas HO

Oakland, Henry 33 O'Brien. James 22, 71'. O'Brien, Daniel 103 Ochoa, Jesus 119 O'Donohue. John .... 9."), 9« O'(iorman, John 97 O'Neal, Barnard . . . . HH, 101 O'Simonds, Daniel 27 Osmer, Adolj)!! 2(i

Parks, Stephen 11 Panish, Andrew •2(\ Pattee, .\bner ')(; Patoin. Charles 3:> Papoin, Josejih \x Pearce, Patrick 3H Penrose, William H 32 Perry. Thomas HI Peterson, Henrv (' 9o Phelps, Johu W 107 Phillips, Abraham .... (;i. HH Pickens, William A KM, Pierre, Bos IH Points. Charles 95 Pound.s, Samuel 27 Pulford. John 7. 40

Quinman. Patrick .")H

Ransom, Thomas ... 17. 49 Reade, William W 89 Reilly, James 33 Remington, John 3(i Richardt, Wilhelm . . . (il, 101 Ricks, Samuel 109 Riley, John 2f>, 65 Riley, Johu 64 Robbins, George W. ... 102 Robbins, Henrs" .... 12(t Rock, John 110 Ruth, Jacob S 113 Ryan, Stephen L 6H Ryan, Jame.s 84 Rval, William S 115

Sandeis, Biaxtoii . Schloss, Henry Schoeffer, Cliailes . Schupack, John Scliuman, GDttlried . Self, George . . . . Seiber, Frederick 8eymonr, William Sheehau, Daniel .T. Shaw, .Tosei)hus . . Sheridan, Andrew Simmonds, Salarnon E. Sknlly. William . . . Slocnni, Lafayette . . Smith, Alfred 11. . . . Smithurst, Henry I). . Smith, John .... Smith, William . . Smithline. Eugene . Smith, Levi .... Smith. Fraidj .... Snyder, Ernesst . . Snyder, John . . . . Snodgrass. William . Sorzie, Antonio . Spellman. Henry . Stanley. Frederick . . Stanford, Thomas E. . Stafford, George . Stanley, Eben .... Steele, Isaac A. . . Stevens, James . . Stevens. George W. . Stratton, Charles Strnpper, Thomas J. . Sullivan, Michael Sullivan, Thomas . Sutt(Ui, Spencer P. . Sweet, Michael .

i. 73 28 .">()

. 8 :53 :!(■)

fi4 CA •24 28 53 ()1

. 58 2,

. 24 33

. 33 80

. 89 102

24

24 111

. 7!» 113 103

3(1 '.»7

102 . 89 120

. 24 1(K) 105 80

, 73 58 90 47

Tensdii. James S(l Thompson, Eenjaniin E. . . . H Tlnunas, William V i" Thomas, P. K m Trainor, James 24 Transsue, Levi l];) Traynor, Joseph j Tulloeh. James W p,H

Veltman, John Voss, Gharles .

Walker, John P. Walter, Herman . . Warren, (^harles W. Waters, Joseph . . Watson, Thomas Watkins. W^illiam . Webster. Richard Weiiver. Levi . . . . Weber. Philip . . . Wembrecht, Wilhelm White, William Whitley, Thomas . Whitbeck, Leonard White, Charles W. . . Wilson. James F. . . Wilson, Shannon Wilford. John . . . Wilson, George 1st Willhigh, Joseph Williams, ('harles . . Willis, Harrison /

alias Fowler, W. (). \ Williams, Edmund G. Wilson. Charles H.

Ill 107

. 120

. 'm\ 111

. 11.! . 101

. . (11 7i")

. 47 . . '.Ml

. Kill . Jill

. 24 27. 101

. . 44 . fi4

. . SO . !14

. itc,

. 11(1 . 121

Young, James W 7o Yomw, David HO

Tally, Henrv 20 Zobrist, Henry (.1

a. c. :M.

1. IVivate Daniel McKenna, Co. D, 3d U. K. Cavalry. 2. Private Josepli Iliiot, Co. D, M U. S. Cavalry.

3. Private William Paker, Co. 1)^ 3d U. S. Cavalry.

4. Private Lafayette Sloeum, Co. L, 3d U. S. Cavalry.

5. Private Daniel Kalbeck, Co. L, 3d U. S. Cavalry,

ti. Private John May, Co. L, 3d U. S. Cavalry.

ilEADQUAKTERS DEPARTMENT OE THE MISSOURI, 1 EoKT LEAVENWORTH, KANSAS, January 2d, 1867. /

(GENERAL ORDERS,) Xo. 2. )

I Before a General Court Martial, which convened at Eort Union,

New Mexico, Noveniln'r 20th, 186(i, pursuant to Special Orders, No. oti,

Par. I, Series of 1866, from these Ileadcjuarters, and of which Brevet

Major (xeneral Georfre Sykes, Lieutenant Colonel 5th U. S. Infantry, is

President, were arraif,'ned and tried :—

1st.—Daniel McKenna, Private of Co. D, 3d U. S. Cavalry, on the fol- Idwiiijr cluirj^e and specification :

CliAKCiK—Violntion of the idfh Article of War.

Specification.—In this, that he, Daniel McKenna, Private of Co. I), ;W

t. S. Cavalry, while on Garrison Guard at Fort Marcy, New Mexico,

on or about the 19th day of October, 1866, after luvvin^ been duly posted

ivs a peptinel at 2 o'clock \. M., did quit his po.st, without being regularly

telieved, and did remain absent until Reveille on the 20tJi day of Octo-

ber, 186t).. This at Eort Marcy, New Mexico, on or about the 20th day

ofQctpber, 1866,

; To which charge and specification the accused pleaded as follows:

To the specification, OuiUy.

To the charge, Guilty.

■!.^' i|

[2] I-IN'DIXCi.

The Court having maturely considered tlie evidence adduced, finds the accused, Daniel McKeuna, Private of (Jo. D, :^d U. S. Cavalry, as follows:

Of the specification, Guiitt/. Of the charge, Guiltij.

Thus confinniiig his plea. SENTENCK.

And the Court doe^ therefore senteiu-e him, Priva'e Daniel McKenna, Co. D, 3d U. S. Cavalry, to forfeit to the United States tifteen dollars per month of his pay for four months, to be kept at hard labor, in charge of guard, for the same period, and dnring that time to :itlend stable duty.

2d.—Joseph Huot, Private Co. D, od U. 8. Cavalry, on the following charge and specification :

C'HARfiE—Violation of the \hth Article of War.

Specification.—In this, that he, Private Joseph Huot, Co. D, 3d U. S. Cavalry, did, while a meral)er of the Guard at Fort Marcy, N. M., and forming one of the patrol, was ordered to patrol the town of Santa Fe, N. M., become so drunk as to be unable to perform the duties reipiired of said patrol. This at P"'ort Marcy, Santa Fe, N. M., on or about the night of the 29th day of September, 1860.

To whicli charge and specification the accused pleaded as follows:

To the specification, Sot Guilty. To the charge, Not Guilty.

FINl)lX(i.

The Court having maturely considered the evidence adduced, linds the accused, Private Joseph Iluot, Co. D, 8d U. S. Cavalry, as follows:

Of the specification of the charge, Not Guilty. Of the charge, Not Guilty.

Thus confirming his plea. And the Court does therefore acquit him, the said Private Joseph

Huot, Co. D, 3d U. S. Cavalry.

3d.—William Baker, Private of Co. D, 3d U. S. Cavalry, on tlie following charges and specifications:

CHARGE 1st—Violation of the Abth Article of War.

Specification.—In this, that he, Private William Baker, Co. D, 3d U. S. Cavalry, did, while a member of the Guard at Fort Marcy, N. M., and forming one of the patrol, was ordered to patrol the town of Santa Fe, N. M., become so drunk as to be unable to perform the duties required of said patrol. This at Fort Marcy, Santa Fe, N. M., on or about the night of the 29th day of September, 1866.

u

[3] CuAKCiE 2(1—('oiidiirt prejudicial to good^ order and iiiilitary diHcipline.

Specification.—In this, tliat he, Private William Baker, Co. D, 8d Eejft.

r. S. Cavalry, while on jjjuard at Fort Marey, Hanta Fe, N. M., did ab-

sent hiniself" from said f:;uard, and did enter the house of a Mexiean wo-

iiian, a resident of tlie town of Santa Fe, N. M., and take therefrom one

pair of shoes, the pro|ierty of said Mexiean woman. This at Santa Fe,

N. M., on or al)ont the niolu of the 29th day of September, 18(i().

To which charges and s[)eeilications tiie accn.«ed pleaded as fidlows:

To the speeification of the 1st charjie, Not Gxdlty.

To tiie 1st charge, ^ot Guilty.

To the speoitieation of the 2d charge, Guilty.

To the 2(1 eliarffo, Guilty.

Tiie Court hiivint; matni-ely cfnisidered tlie evidence adduced, finds tiie

accused, Private William Baker, Co. I), .">d Kej^t. U. S. Cavalry, as fol-

lows :

Of tlie speciKcation of the 1st charge, Not Guilty.

Of the 1st charge, Not Guilty.

Of the specification of the 2d charge, confirms his plea and finds him Guilty.

Of the 2d charge, confirms his plea and finds him Guilty.

SKNT1;NCK.

And the Court does therefore sentence him, Private William Baker,

iifCo. D, 'M Regt. V. S. Cavalry, to be confined at hard labor for two

months, in charge of the guard, and to forfeit to the Ignited States twelve

ilollars of his pay per month, for that period.

4tli.—Lafiiyette Slocum, Private Cn. L. M 1". S. Cavalry, on the fol-

lowing charges and specifications:

CilAUGK 1st—Desertion.

Specijication.—In this, that he, Lafayette Slocum, Private of Co. L, M

V. iS. Cavalry, having been duly posted a.s a sentinel, did desert said poj^t

and the service of the United States, and did remain absent from said ser-

vice until apprehended and delivered as a prisoner at Fort Craig, N. M.,

I'll or aliiiiit September 2-nh, 1866. This at Albiuineniue, N. M., on or

alidiit the 17th day of September, 18()().

CliAK'iK 2d—Grand Larceny.

Specifu-ittinn.— In this, that he, Lafayette Shieum, Private of Co. L, od

I . S. Cavalry, having been duly posted as a sentinel, did desert said po^t

and the service of the United States, taking with him one (1) horse, and

a comjilete set of arms, accoutrements and cHpiiiimeiits, the property of

tiie United States. This at Albmiuerque, N. M., on or about the 17th

iliiy of September, 1860.

#,,.^''

To which charges and specifications the accused pleaded as follows: To the specification of the 1st charge, Guilty,

except deserting his post, and heing apprehended and delivered up at Fort Craig, N. M., as a prisoner.

To the charge, Gnilty. To the specification of the 2d charge, Guilty. To the 2d charge, Guilty.

FINDING.

The Court having maturely considered the evidence adduced, finds the accused, Lafayette Slocnni, Private of Co. L, 8d U. 8. Cavalry, as follows: Of the specification of the 1st charge, Guilty,

except deserting post, and heing apprehended and delivered up at Fort Craig, N. M., as a prisoner.

Of the 1st charge, Guilty. Of the specification of the 2d charge, confirms his plea, except the words

" having heen duly posted as a sentinel, did desert said post," and finds him (ill ill I/.

Of the 2d charge, confirms his plea, and iinds iiiin dnilty. SENTENCE.

And the Court does therefore sentence him. Private Lafayette Slocura, of Co. L, .3d Regt. U. S. Cavalry, to forfeit all pay and allowances that are or may become dne him, except the just dues of the laundress and sutler, to be confined at hard labor, in charge of the guard, for si.x months, wearing a ball and chain on his left leg, weighing thirty (80) pounds, and a board on his back with the word " thief" on it, and at the expiration of his confinement to have his head shaved, and he drummed out of the service.

5th.—Daniel Kalbeck, Private of Co. L, 3d I'. S. Cavalry, on the following charges and specifications: I . I ■•

CHARDE 1st—Desertion.

Specification.—In this, that he, Daniel Kalbeck, Private of Co. L, 3d IT. S. Cavalry, ha:ving been duly enlisted in the service of thte United (States, did desert said service, and remain absent therefrom until apprt"- hended at Fort Craig, N. M., on or abont September 2oth, 1866. This at Albuquerque, N. M., on or abont September 17th, 1866.

CHARGE 2d—Grand Larceny.

Specification.—In this, that he, Daniel Kalbeck, Private of Co. L, 3d U. S. Cavalry, having been duly enlisted in the service of the Unitecl States, did desert said service, taking with him one (1) horse, and a coni- plet^e set of equipments, arms and accoutrements, the property of the Uni- ted States. This at Albuquerque, N. M., on or about the 17th day of September, 1866. 4yh.^>'

II

H

II

i$

[5] To wliicli ('Iiar<;es and speciticatioiis tlio acciist'd ploacli-d as folhiws ;

To'the specification of tlie 1st charge,..'. '. ....Guilty,

excei)t tlic Words "and remain absent tlierefroni until ai)})rehended at

FortCraig, N. M." ff^U^rf To the 1st charge, ..."Guilty.

To the specification of" the "2(1 charge, Ovilty.

To the 2d charge, .......•...•.• Ouilty.

FINDING. • • •' '••

The ('onrt having niattirely considered the evidence adduced, finds the

accused, Daniel KaliRH-k, Private of Co. L, 3d V. S. CavnlTV, as follows:

Of the specification of the Int charge, confirms his ])lea and finds him GiiifH/.

Of the 1st charge, confirms his ])Iea and finds liini Guilty.

OfthesiMJcification of the 2d charge, confirms his j)lea and finds him Guilty.

Of the 2d charge, contitnis iiis jden and finds lii in .'AAiJ.,*. Gmlty.

SKNTKNCE. ■"♦llSVuV* »■

And tlie Court does tlierefore sentence him, Daniel Kalheck, Private of Co. L, M V. S. Cavalry, to forfeit all pay and allowanci's that are or may

hwoine due him, except the just dues of the laundress and sutler, to bo

lontined at hard labor, in charge of the guard, for si.\ months, wearing a

l«ll and chain on his left leg, weiglung thirty (30) pounds, and aboard

nil his back with the word " thief" on it, and at the expiration of liis

iiiufinenient to have his head shaved, and be drummed out of the .service.

()th.—John May, Private of Co. L, 3d I'. S. Cavalry, on the following

iliarge and specification :

CJIAROK— VioUttin)) of the M\tli Article of War.

Specification.—In this, tiiat he, John May, Private of Co. L, .'W IT. S.

Cavalry, having been properly posted as a sfentinel, was ftiiuid by the

Officer of the Day, Captain James R. Keml)le, 3d V. S. Cavalry, lying

down on tlie ground by his po.st, in a sound sleep. This at .\lbuquerque,

X. M., on the morning of September 9th, 1866.

To whicli charge and specification the accused pleaded as follows :

To the sj)ecification of the charge, Not Guilty.

To the charge Not Guilty.

KINI)IN(;.


iireused, John May, Private of Co. L, 3d U. S. Cavalry, as follows :

Of the specification of the charge, Guilty


SENTENCK.

And the Court does therefore sentence him. Private John May, Co. L.

•'(1 U. S. Cavalry, to forfeit to the United States thirteen dollars ($13.00)

"this monthly pay for the period of six months, and to be confined.

t\m.

< )FFrciAL:

'^1^'

Acting AxKixtant Adjufant (Jemral.

[6] under cliarge of tlie guard, at liard labor, lor the same {leriod, with a hall and chain attached to his leg, weighing twenty (20) pound-.

II The proceedings, findings and sentences in the cases of I'rivatcs Daniel McKenna and William Baker, both of Co. D, :{d V. S. Cavalrv. are approved. The sentences will he duly executed.

The proceedings, findings and sentences in the cases of Privates Lafav- I A ette Slocuni, Daniel Kalheck and John May, all of Co. L, 3d Y. S. Cav- alry, are approved, except so much as relates to wearing a hall and chain, which being in violation of General Orders No. 95, War Department, De- cember 10th, 1866, is remitted. The remainder of the sentence will hv duly executed.

The proceedings, findings and sentence in the case of Private Joseiili Huot, Co. D, 3d U. 8. Cavalry, are approved. The prisoner will he released from confinement, and returned to duty. Ill The (leneral Court Martial of which Brevet Major (rencral (leorge Sykes, Lieutenant Colotiel 5th I'. S. Inl'antry, is I'rt'sident, is hereby dissolved.

By command of Major (iencral II.vxcocK : W. (r. MITCHKl.L,

Captain and Artinf/ Assistant Adjutant (lenrral.

G. C. M. 1. JoyEFH TBAYNOH, Private Co. "II," 3rd U. S. Infantry. 2. JOHN LUMB, Hospital Steward, U. S. A.

GENERAL ORDERS, ^ HDQR'S DEP'T. OP THE MISSOURI, > FORT LEAVENWORTH, KANSAS,

ll No. 4. ) January 9th, 1807.

I Before a General Court Martial, which convened at Fort HARKER, KANSAS, December .'Jtli, 1866, pur.suant to Special Or- ders, Xo. 78, Series of 1866, from tliesc Headquarters, and of which Brevet Major (Jeneral I). S. STANLUY, Colonel 22nd U. S. In* fantry, is President, were arraij^ned and tried—

1. Joseph Traynor, Private, Company "H," 3rd U. S. Infantry, oil the followiufr char<,'e and specifications :

CHARGE. "Couduct to the prejudice of good order and military discipline." SPECIKIIWTIOX. "In this) tliat he, Private .Joseph Traynor, Company "H,'»

3rdl'. S. Infantry, did wilfully and maliciously strike andkick^ corporal and acting 1st sergeant Henry Care, company "H," :Jrd U. S. Infantry, while on the march from Fort Riley, Kansas^ to Fort Ellsworth) Kansas. This near Saline, Kansas^ Julylstj 1866,"

To which charge and specification, the accused pleaded fts fol^ lows:

To the Specijlcation^ "Not Guilty.** To the CHARGE, "Not Guilty."

FINDING : Tlie court liavin^ maturely considered the evidence adduced, finds the accused, Private Jos^yj/i Traynor^ company "H,'* 8rd U. S. Infantry^ as follows l

Of the Spcnficafioni "Not Guilty.** Of tlie CHARr.E, "Not Guilty.'*

And the Coui't does therefore acquit him) the said Private Joseph fraynor, Company "Ih" I^rd U. Si Infantry.

2. John Lximb, Hospital Steward) U* S. A. on the follbwing Charges and specificnfions:

CHARGE 1st. " nninkenncss.' * SPECIb'IGATION 1st. "In this; that he. Hospital Steward Jdlln Lunlb, U. S. A.

did, on or about the 10th day of April, ^86e, become so drunkj as to entirely unlit him for the perlormance of his duties, This While on bo-ard the steamer "it. S. Turner," en-route from St Louis; Mo. to Fort LedtenwoHh; Kdnsas."

Si'ECtFft'ATlOJf 2nd. "In this; lllitt lie, HdSpltitl Ste\<'ard JohnLtimb; U. S. A. did , on or about the 10th diiy of June, 1866, become so drunk a3 to be entirely unlit for the pcrforhiance of his duties. This at Fort Ellsworth, Kansas, on or about the 10th day of June, 1866."

ttLARGE 2nd. ' 'Conduct to the prejudice Df gbbd order and military dicipline. '*

SPECIFIC.VTION Isf. "Ill this; that he. Hospital Stewiird Johti Liimb, U. S. A. did, on or iibout the 16th day of June, 186(), steal and aiipvoin-iatc to his own use, and give to the Hospital attendants, who Mi-ic under his orders, some bottles of porter belonging to the Hos- pital Department, U. S. A. and which were at the time tlicy were stolen, entrusted to his care for safe keeping. This at Fort Ellsworth, Kansas, on or about the IGth day of June, 18GG."

SPECIFICATION'intl. "In this; that lie. Hospital >teward John Lunib, U, S. A. did steal, or assist in stealing, two bottles cd' brandy belonging to the Hospital Department, U.S.A. atFort Kllsworth, Kansas. This at Fort Ellsworth, Kansas, on or about the evening of July 4th,18(M)."

SPECIFICATION 3rd. ' 'In this; that hi>, Hxpit.d Stew.ird J ):i i Uimb, U. S. A. did steal, take for his own use, or give away, four blankets, two

sheets, anemone pillow, belonging to the Hospital Departineut of the U. S. A. at Fort Kllsworth, Kansas. 'Ibis at Fort Ellsworth, Kansas, on or about the 9th day of May, 186(5.''

SPECIFICATION 4th. ' 'In this; that he, Hospital Steward John Lumb, U. S. A. . ditl steal and appropriate to his own use, or gi ve away a bottle of wine or other liquor, belonging to the Hospital Department U. S. A. This at Fort Ellsworth, Kansas, on or about the 9th day of May, 1866."

To all of the charges and specifications the prisoner i)leaded as follows : -'^ot Guilty^ FINDING : The court having maturely consitlered tlie evidence adduced, finds the prisoner Jo/m Lumb, Hospital Steward U. S. A, as follows :

Of the 1st Specification oi \ A CHARGE, ''Guiltii." Of the 2/K1 Specification of 1st CHARGH, ''Guiity.^^ Of the 1st CHARGE, " Guilly." Of the Isl Specification of the 2nd CHABCJE, "Not Guilly." Of the 2nd Specification of 2nd CHARGE, "Not Guilty."^ Of the 3rd Specification of 2nd C HA KGE, " Guilty.''^ Of the 4th Spocification of 2nd CHARGE, "Guilly." Of the 2nd CHARGE, " Guilty."

SENTENCE. And the court docs therefore sentence him, Hospital Steward, John Lumb, V. S. A. to forfeit to tli(^ I'nited Statesall pay and alloAvanccs which are now, or may hccome <liie, excepting tlie just dues oftlie laundress, and that lie he dislionoiably dismissed the service of the Uiuted Slates.

n The proceedings, and findings, in the case of Private Joseph Traynor, Company "H," 8rd U. S. Infantry, are coiilirnitHl. The prisoner will be relcaseil from confinement and returned to duty.

The jiroceediugs, in the case of Hospital Steward Jo^^n Lamb, U.S.A. liaviiiglxjeii laid before the Major Cenei'al ConiniaiidiiiJl) the following is hi.^ act ion thereon:— the 1st charge. drunUeiinesS)

(•

iilone, is not a military offence. Had the charj?o been "Dvunken- iioss to the projiulice ofj^ood order and iriilitary discipliiie," it would have been a proper one. The lindiiigs to the third (8) and foiirtli (4) sjjecitications are not believed to be supported by the evidence. TIK; tindinf,''on tlie 2nd charge is therefore not ap- ])i()vod, nor is the sentence.

HI The (jiencral Court Martial convened by Special Orders \(). 78, >;cries 1S66, from these Headquarters, and of Avhich Ihevct Major (yeneral I). S. STANLEY^ Colonel 22nd U. S. Infantry^ isl'iesicUnt, is hereby dissolved.

By command of MAJOR GKNERAii HANCOCK :

W. G. MITCHELL. Captain and Aclinij Anaintant Adjiiianl Gt-neral.

OFIICIAL :

Acting Asni.stant Adjutant (General.

Til

l)er

a. c. ivi.

M

1. Cornelius Cutler, Private Co. K, M IWtalion, i;5tlt U. S. Tnfiintry.

2. IJraxton Sanders, Recruit 10th U. S. Cavalry.

.S. Joseph Waters, Private Co. K, 8(1 Battalion, 13th U. S. Infantry.

4. C. II. Daniels, Private Co. I, 1st Battalion, 13th U. S. Infantry.

•"). .lolin Kuhn, Private Co. C, 37th U. S. Infantry,

(i. .Jolin Burns, Corporal Co. C, ."{Ttii 1'. S. Infantry.

HE.\I)QrAKTEKS DEP.VKTMENT OF THE MISSOURI, \ FORT LKAVKNWORTH, KANSAS, January 10, 1807. /

(IKXKKAL ORDERS,! No. 5. /

1 Before a (ieneral Court Martial, convened at Fort I.,eavenworth,

Kansas, December 18th, 18G0, pursuant to Special Orders No. Do, para-

graph 0, series of 18GG, from these Headquarters, and of which Brevet

-Major General 1). S. Stanley, Colonel 22d l'. S. Infantry, is President,

were arraigned and tried :

1st.—Cornelius Cutler, Private Comjiuny K, ."xl Battalion, IDth U. S.

Infantry, on the following charge and specification:

('irARcr.—Ncgkct nf duty.

SiKcijirailiiii.— In this, that he, Private Cornelius Cutler, Company K,

•id Battalion, liJth l'. S. Infantry,-did, while on duty as a sentinel, and

wiiile posted over Edward Friedel, Private Company I, 3d Battalion,

13tli U. S. Infantry, and John Smith, Private Company K, 3d Battalion,

loth L. S. Infantry, prisoners, allow' said prisoners to eftect their escape.

Thii< at Fort Leaven worth, Kansas, on or about the 23d day of Novcm- '•er, 18(U).

ryii^'

[2] To wliic'h charge and specification the accused pKnuled as rolh)\vs :

To tlie specification, Xi)t Ciiilii/. To the charge, Xut Guilty.

The Court having maturely considered the evidence adduced, find ilu- accused, Cornelius Cutler, Private Company K, 3d Battalion, llHh V. S. Infantry, as follows:

Of the specification, (tuilti^, but attach no criminality thereto.

Of the charge, JS'ot Guilty. And the Court does therefore accpiit him. Private Cornelius Cutler, Co.

K, :')d Battalion, 19th V. S. Infantry.

2d.—Eraxton Sanders, Kecniit 10th U. S. Cavalry, on the foliowini,' charges and specifications:

CIIAR(;K 1st—Ab.fetice witfwuf leave.

Specification.—In this, tiuit he, Eraxton Sanders, Recruit lOth V. S. Cavalry, did, on or about the night of Novembe.- 20; li, ISOO, absent himself from his (juarters, without leave, and go to the ciiy ol' Leaven- worth, Kansas. This ai the Attache Barracks, Fort I,eavenvvor.h, Kan- sas, on or about the time above specified.

('HARGE 2d.—Conduct to the prejudice of <jood order (tad niilitari/ dixcipliiie.

Specification \xt.—In this, that be, Eraxton Sanders, a Kecruit lOtli l. S. Cavalry, did return from Leavenworth City, on f)r ab(jut the night of November 20th, 18()(), drunk and disorderly, and did refuse to obey the non-commissioned officers of his regiment, when ordered by them to kee[i »piiet and go to bed. This at the Attache Barracks, Fort Leavenworth, Kansas, on or about the dates above specified.

Specification 2d.—In this, that he, Eraxton Sanders, a Kecruit lOtii V. S. Cavalry, was, on or about the morning of November 21st, ISOti, noisy and (juarrelsome, wanting to fight with every man in the quarters. This at the Attache Barracks, Fort Leavenworth, Kansas, on or about the time above specified.

Specification M.—In this, that he, Eraxton Sanders, a Recruit 10th L. S. Cavalry, did, on or about the morning of November 21st, 18()(i, attack all men in the quarters with a razor, and drive them out of the (piarters, and did also attack C'orporal Taylor with the same, abusing and swearing at the non-commissioned officers placed over him, and did refuse to obey all orders given him by them. This at the Attache Barracks, Fort Leav- enworth, Kansas, on or about the time above specified.


(I

I#

[3] To the specitication of the 1st c'liarjjre, Guilty.

To the Isteharse, Guilty.

To tlie 1st speeitieation of the 2d eharge, Not Guilty.

Tothe 2d speci float ion of the 2d charge, Not Guilty.

To the 'M specification of the 2d charge, Not Guilty.


FINDINO.

The Court having maturely considered the evidence adduced, find the

accused, Braxton Sanders, a Kecrnit 10th U. 8. Cavalry, as follows:



Of the 1st specification of the 2d charge, Guilty,

except the words " from Leavenworth City," and the words "and did

refuse to obey the non-commissioned otticers of his regiment when

ordered hy them to keep tpiiet and go to hed."

Of the 2d specification of the 2d charge, Guilty.

except the word "noisy," and the words "with every man in the (juar-

ters."

Of the 3d specification of the 2d charge, Guilty,

except the words "attack all men in the quarters with a razor and drive

them out of tlic <piarters," and the words "witli the same, abusing and

swearing at the non-commissioned ofiScers placed over him."


SENTENC'K.

And the Court docs therefore sentence him, the said Braxton Sanders,

Recruit 10th U. S. Cavalry, to be confined at hard lalmr under ciiarge of

the guard, for six months, and to forfeit his montlily ]>ay for the same period.

3d.—Joseph Waters, Private of Company K, .'5d Battalion, l.Sth U. S.

Infantry, on the following charge and specification:

CHARGK—Leaving Ian poxt, irhile a xentincl, in rinhition of tlie 40/// Artirh'

of War.

Spccijiriitioii.—In this, tiiat he. Private Joi-eph Waters, Company K, .'5d

Battalion, l.Sth U. S. Infantry, having been duly juKsted as a sentinel on

the night of Dccend)er (ith, 1<SOO, did leave his po.st without having been

re^juiarly relieved therefrom. All this at or near Fort Lcavcnwortli,

Kansas, on or about the (itii day of December, 1H60.



To the charge, .- Guilty.

If,

A . ^vf

•^^. (I lii 1 jiliii!

FINDING.

The Court liaviii<j maturely considered the evidenee adduced, conliriii

the plea of tlie accused, Private Joseph Waters, C'ouiiiany K, ;5d I'attalioii,

13tli U. S. Infantry, and find liini as folh)ws:

Of the specification, Gitilti/.

Of the charge, Gullti/.

sf:NTKX('i-:.

And the Court does tlierefore sentence liini, tlie said Private .Joscj)li

Waters, Company K, 8d Battalion, 18th I'. S. Infantry, to he kepi in

solitary confinement, on bread and water, ten days in each month, for tlio

period of three months, putting in the remaining days of each month foi-

three months at hard labor, in charge of tlie guard, and to forfeit all i)ay

for the same period of three montlis.

4th.—Charles II. Daniels, Private Company I, 1st Jiattaiion, lotli U. S. Infantry, on tiie following ciuirges and specifications:

CiiAUc;!-: 1st—Dntiikciiiicss.

Specification.—In tliis, that he, Charles II. Daniels, Privaie Company

I, 1st Battalion, 18th I . S. Infantry, did appear in his (•()mi)any quarters

in a state of intoxication. This at Fort Leaveinvorth, Kansas, on or

about the 8th dav of I)eceml)er, ISlfC).

ClIARfir; 2d—Condiict t II. Daniels, I'rivae C )ni-

pany I, 1st Biittalion, 18lh I'. S. In.antry, did, when ordered to tlie guani

house by 2d Lieut. I. M. Lynde, 22d l'. S. Infantry, under cliarge of Cor-

poral James Oswald and Private William Sensel, both of Comjiany 1,

1st Battalion, 18th U. 8. Infantry, ojienly defy said guard, in the follow-

ing language, viz : "?Hf go with thoxc men ; they can't take me to the guanl

house," or words to that effect, and when taken hold of by said CorponU

James Oswald, and Private William Sensel, did resist, violently thro'v-

ing them off. This at Fort Leavenworth, Kansas, on or about the 8tli

day of December, 186G. Specification 2rf.—In this, that he, Charles II. Daniels, Private of Com-

pany I, 1st Battalion, 18th V. S. Infantry, did say to Lawritz M. Langc,

Lance 1st Sergeant Comi>any I, 1st Battalion, 18th I'. S. Infantry, " 1

will get rid of you, you damned Dutch son of a bitch," or words to that

effect. This at Fort Leavenworth, Kansas, on or about the 8th day of

December, 186().

CHARGE 3d—■Di.irei^pect to hii^ superior officer.

Specification \st.—In this, that he, Charles H. Daniels, Private of Com-

pany I, 1st Battalion, 18th U. S. Infantry, did, while Lieut. I. M. Lynde,

H

n

II

iid V. S. Infantry, was enforcinfj liis order lor said Private (shark's II.

Daniels to go to the jjuard house, call said Lient. I. M. Lynde, "a damned son of a hitch," or words to that effect. This at Fort Leaven-

worth, Kansas, on or about the Hth day of December, 186(i.

Speeijication 2(/.—In this, that lie, Charles 11. Daniels, Private of Coni-

jiany I, 1st Battalion, LSth V. S. Infantry, did, while Lieut. I. M. Lyiide,

tlA V. S. Infantry, was writinjj the order for his confinement, say, " Lieu-

tenant Lynde, you will be .siV'A-of me," and "you'll get enough of nu'

before you get//i;vj(K//( with me," or words to that effect. This at I'ort

Leavenworth, Kansas, on or about the Hth day of December, 18(l(i.


To the specification of the 1st cliarge, UiiHty.


To the 1st specification of the 'Id charge, Nat (hiiliy.

To the 2d specification of the 2d charge, Sut Guilty

To the 2d charge, A'«^ Guilty.

To tiie 1st specification of the 'M\ charge Sot Guilty.

To the 2d specification of the .'^I charge, Not Guilty.

To tlie .Sd charge, Xot Guilty.

FIXI)IN(i.

Tlie Court having luatuicly cousideied the evidence addui'cd, find the

accused, Cliarles 11. Daniels. Priva'e Company I, 1st Hattaliou. IHth I'.

S. Infantry, a- follows:

or tlie siiecilicatiiin of tlie 1st charge Guilty.

i)( the 1st cluirge Guilty.

or the 1st specification of the 2d cliarge Guilty.

or the 2d specification of the 2d charge, Guilty.

Of the 2d charge, fjiiilty.

Ofthe 1st specitication of the ^^d charge, Grdlty.

Of the 2d specification of the Hd charge, Guilty.

Ofthe M charge Gnilty.

SKXTKXCK.

And the Court does therefore sentence him, the .said Charles II. Dan-

iels, Private Company I, 1st Battalion, 1,3th U. S. Infantry, to be confined

Ml solitary confinement, on bread and water, for the period of fourteen

IU) days in each month, for three months, to be kept at hard labor in

charge ofthe guard tlie remaining days of the saUic three months, and to

forfeit all pay for the period of three months.

5th.—John Kuhn, Private Company C, 37th U. S. Infantry, on the

following charges and specifications :

^^ .1

r' U'

¥'

[6] CHARGE lnt—Abt^ence without leave.

Specification.—In this, that lie, John Knlm, ]'rivate Coniiiany C, 87tli

U. S. Infantry, did, withont authority, ahsent hinin-If from his conipanv,

during the night of December 17th, 1866, to December 18tli, 1866, and

did remain so absent until shortly before Reveille roll-call on December

18th, 1866. All this at Fort Leavenworth, Kansas, on <ir about the iSth day of December, 186().

C^HARGE 2d—Conduct prejudicial to good order ami mililarij diaciplint.

Specification 1st.—In this, that he, John Kuhn, Private Company C,

;i7th U. S. Infantry, did steal from the company clothing chest, of Com-

pany C, ;^7th U. S. Infantry, seven (7) flannel shirts, to the value of two

dollars and thirty-two cents each ($2.32), and five (5) pairs of In'^antry

b;)otees, to the value of two dollars and seventy cents ($2.70) each, and

did secrete said shirts in the garret of the quarters of C Comi)any, 37tli

U. S. Infantry, and did dispose of said Infantry bootees. All this at or

near Fort Leavenworth, Kansas, on or about the 17th day of December,

1866.

Specification 2d.—In this, that he, John Kuhn, Private Company (',

87th U. S. Infantry, did, in company with one John Burns, Corporal

Company (.', 37th U. S. Infantry, \)nwu a revolver, worth twenty dollars,

for eight (8) dollars: five (5) dollars in cash, and the balance to be paid

in cash, knowing the said revolver to have been stolen from 1st Sergeant

Jacob Drunini, Company C, 37th U. S. Infantry. All this at or near

Fort Leavenworth, Kansas, on or about December 17th, 1866.

Specification 'M.—In this, that be, John Kuhn, Private Company (,

37th U. S. Infantry, did, while in the quarters of 1st Sergeant Drumni,

Company C, 37th U. S. Infantry, for the purpose of getting a pass signed, take the keys of the company clothing chest from the mantel-piece, and

did take said keys away with him, subsequently unlocking said clothing

chest with said keys, and stealing therefrom certain articles of clothin);,

viz: two pair of shoes, valued at $13.o(), and seven flannel shirts, valued

at $16.24. All this at Fort Leavenworth, Kansas, on or about the ITtli

day of December, 1866.

To which charges and .specifications the accused pleaded as follows:

To the specification of the 1st charge, Gniltii.

To the 1st charge, Guiltii-

To the 1st specification of the 2d charge, Gttilti/,

except the words " and five (o) pairs of Infantry bootees, to the value oi

two dollars and seventy cents ($2.70) each," and "and did dispose "I

said Infantry bootees."

H

M

I

T(i the 2(1 specifioation of tlie 2d charge, Ouilti/.

except the words, "knowing the said revolver to liave been stolen from 1st Sergeant Jaeoh Drumni, Company C, .S7th U. S. Infantry."

To tiie M speeitieation of the 2d charge, Guiltij.

except the words, "live pairs of shoes, valued at $13.50."

To the 2d charge Guilt;/.

KIN'l)IX(i.

Tlie (Joiirt having niaturely considered the evidence adduced, find the ai't'iised. Private John Kuhn, Company C, .'17th V. S. Infantry, as follows :

Ot'the specification of the 1st charge, Guilty.

Of the 1st cliarge, Guilty.

Of the Is^ s|)ccitication of the 2d charge, Guilty^

except the words, "and five pairs of Infantry bootees, to the value of

two dollars and seventy cents," and the words "and did disjxtse of said

Infantry bootees."

Of the 2d sjiecitication of the 2d charge, Guilty,

except tlie words, "knowing the said revolver to have IKHMI st(den from

1st Sergeant Jacob Driimm, Coni^iany C, .'iTth Infantry."

or the 'M s[)e«'ifica"ion of the 2d charge, Guilty,

except the words, "five pairs olshoe-*, value<l at i?l.'5.")0, and."

Of the 2d charge, Guilty,

.•SKN'TEXCK.

And the Court does therefore sentence him, the said Private John

K'uhii, Company C, 37th U. S. Infantry, to be dishonorably discharged

tiie service of the Fnited States, and to be confined in such military

prison as the ('(mimanding (Jeneral of the Department may direct, for the

jieriod of one year.

6th.—John Hums, Corporal Company C, o7th I'. S. Infantry, ou tlie

following charges and specifications:

CiiAiiCJK 1st—Absence without leave.

Specification.—In this, that he, John Burns, Corporal Company C, 37th

V. S. Infantry, did, without authority, absent liimself from his coiupany,

during the night of December 17th, 18t>(>, to December 18th, 18(16, and

did remain absent until shortly before Reveille roll-call on December

IHth, 1866. All this at Fort Leavenworth, Kansas, on or about the 18th

day of December, 18(>t).

' HAROE 2d—Conduct to the prejudice of f/ood order and military di.'<cipline.

Specification.—In this, that he, John Hums, Corporal Company C, 37th

L'- S. Infantry, did steal from the room of 1st Sergeant Driunm, Company

', 37th U. S. Infantry, a revolver, valued at twenty dollars, and did, in

company with one John Kuhn, Private Company C, 37th U. S. Infantry,

[8] pawn said revolver for eight (8) dollars—five dollars easli, and the balance to he paid in cash, knowing said revolver to he the property of 1st Sergeant Drunim, Company C, 37th U. S. Infantry. All this at Fort Leavenworth, Kansas, on or about the 17th day of December, 18(56.


To the specification of the 1st charge, Not Guilty. To the 1st charge, Not Guilty. To the specification of the '2d charge, Not Guilty. To the 2d charge, Not Guilty.

FINDING.

The Court having maturely considered the evidence adduced, find the accused, Corporal John Burns, Company C, 37th U. S. Infantry, as follows : Of the specification of tiie 1st charge, Guilty. Of the 1st charge, Guilty. Of tlie specification of tlie "id charge, Not Guilty. or the "id charge,. Not Guilty.

Sf;NTENCE.

And tiie Court does therefore sentence him, the said Corporal John Burns, Company C, 37th U. S. Infantry, to be reduced to tlie ranks, and to forfeit to tlie United States his monthly pay for tlie period of one month.

II The proceedings and findings in the case of Cornelius Cutler, Pri- vate Company K, 3d Battalion, 13tli V. S. Infantry, are approved. The prisoner will be released from confinement and returned to duty.

The proceedings, findings, and sentences, in the cases of Corporal John Burns, Company C, 37th I'. S. Infantry, Private Joseph Waters, Com- pany K, 3d Battalion, 13th U. S. Infantry, and Braxton Sanders, Recruit 10th U. S. Cavalry, are approved. The sentences will l)e duly executed.

The proceedings, findings, and sentence, in the case of Private Charles H. Daniels, Com])any I, 1st Battalion, 13th V. S. Infantry, having been laid before the Major General Commanding, the following is his action thereon. Drunkenness, alone, is not a military offence. The proceedings | A and findings on that charge are therefore disapproved. The Court having found the prisoner guilty of the remaining specifications and charge. and the punishment being deemed proper for the offences alleged and proved, the sentence is approved, and will be duly executed.

The proceedings, findings and sentence, in the case of Private Jolin Kuhn, Company C, 37.th U. S. Infantry, are approved. The Penitentiary at Jefferson City, Missouri, is designated as the place of ccmfinenient, to which place the prisoner will be conveyed under suitable guard, and

[9] turned over to tlie Warden of said Penitentiary, who will at the same time be furnished with a copy of this order. Tlie commanding officer at Fort Lcavenworth, Kansas, is cliarged with the execution of the above (ircler.

Tlie (ieneral Court Martial, of which Brevet Major General D. S. Stan- lev, Colonel '2'2d U. S. Infantry, is President, is hereby dissolved.

Bv command of Major (General HANCOCK : W. G. MITCHELL,

Captain and Acting Assistant Adjutant General.

OFFICIAL :

Actinij Assistant Adjutant General.

iU

LE

Sp m S. 18( th(

chi

II

G. C. M.

GENERAL ORDERS, ) HDQB'S DKP^. ar THR Mxr-sovm, }■ FORT LEAVEN WOKTH, KANSAS,

Na. 6. > January 10th, 1867.

i Before a General Court Martial, wlvich cauvenod at Fork LE AVFNwoRTii, KANSAS, Xovcmber IDtli 1866, pursuant ta Special Orders No. 69, Par. 5, S. 1866, trom these Headquarters, and of which Brevet Colonel ROBERT NUGENT, Captain 13th U. IS. Inlautr.v, is President, and which i"c-convcnod January 3rd, 1H67, pursuant to Special Order No. 107, Par. 2, S. 1866, fiom these Headquarters, was arraigned and tried:—

James Carty, Recruit, 10th U. S. Cavalry, on the following charge and specifications:

CHARGE. "ConAuct prejudicial to good order uud military discipline." SPECIFICATION 1st. "In this; tliat he, JAMES CAUTV, Recruit, 10th U. S.

Cavalry, did, on or about the 28th day of October, 18G6, without authority, sell to a citizen of Leoveuworth City, Kansas, the following articles of government property, issued to him for his own use, viz. one cavalry overcoat, valued at $14,50, one blanket, valued at $7, and one pair of cavalry trowsers, valued at $5,90, the proceeds of which, he, the said JAMES CAUTY, Recruit, 10th U. S. Cavalry, did appropriate to his own use."

SPECIFICATION 2nd. "In this; that he, JAMES CARTV, Recruit 10th U. S. Cavalry, did, ou or about the 28th day of October, 1866, without authority, convey or carry away from the quarters of said regiment, two cavalry overcoats, one belonging to Private Chaiies Dougherty, and the other to Private Henry Evans, 10th U.S. Cavalry,, which he, the said JAMES CARTY, Recruit, 10th U. S. Cavalry, sold to a citizen of Leavenworth City, Kansas, and appropriated the proceeds tohia own use. Said overcoats being new, and worth $14,50 each. All this at or near Fort Leavenworth, EaneaB, on or about Cctotier 30,1£C6''*

^

\§ i

I

Towhichi d>argo ami speciftcatioiiS: ttie- accusodf ple«<iied (^

'■'Nut (iviH]fr To the tst SpecificoiUm of thoChavjyOv To tlw"^ 2}u\ ^peeifieation of tho Cliavgic^ To tie CHARGIC,

FiNDXxft: Tlic Court having m.ituroly cor* Hlored tlieevi- tltMice acltUicctl, fir.d the aecuscwl^Jawics Coety^ Reeruit, lOtk U. S. [Cavalry, as folio-ws :

Of the 1st Spreificfiiion, "G«i//t/,"^ with tke exception of tlie words 'Mssuccl to liliu lor his own u-ô, viz : one b4.inket valnoil at .$7,iUKl oue pair ol tavah'v trowsers vahted at $o^90." Of the 2ii(li Sjêcyication, "-Guitti/^'^ with the exceptiou of tli(^ words, ^'rwo Cavalry ovi-rvonts, one iH'louging to I'rivateChai'les I)ou<iliertv,inid the other lol'rivat^ Henry Kv:in«-v 10th II. 8. (âvalrv," also exi(^)tin<i: tlic ■worils ".s.'iid overcoats l>ciiig new and worili $'li,o(i each," and substitntinj* therelor.respectively for tliese sentences, the words, '"oite cavalry ovrc(.;it, beloiij^r- i gtol'rivate Ciiarles DongluMiy. lOthl'. S. Cavalry,'" and '-said overcoat being new and worth $,14,50." Of the CHARGE, ''Guilty.''

SKNTEXCJ: : And the Court do therefore sentence him, the B(i'H\. JamesCaity, IMvate 10th U, t>. Cavalry, to he continedat hard labor forthe period of two (2) months, and to forfeit to the United btates eight (8) dollars per uioutli of his monthly pay for three (3) mouths.

If ThP proceedings, finding's, ami sentence, in the case of James Carty, lUtli II. S. Cavalry, are a[»proved ;—'J he sentence will he dnly exeented.

in The Conrt of-winch Brevet ColonelliouKHT XLCIKN'T- Cap^tulu 13th U, S. lidantry, is Presîdont, is hereby dissolved.

l>y commaud of MAJOK GKKERAL, HANCOCK:

W. G. MITCHELL. Captain and Acting Assiatant Adjutant Generals

OFIICIAL :

Acting Assistant AdjuUml General.

•r HEADQUAKTERS DEPARTMENT OF THE MISSOURI, I

FORT LEAVENWOBTH, KANSAS, January 10, 1867. J

GENERAL ORDERS,) No. 7. /

I Before a fxeneral Court Martial, convened at Fort Leavenworth, Kansas, December IStfi, 18G6, purs^uant to Special Orders No. 95, paragraph 6, series of 1866, from these Headquarters, and of which Brevet Major General D. S. Stanley, Colonel 22d U. S. Infantry, is President, wsa arraigned and tried :

1st Lieutenant John Pnlford, 37th V. S. Infantry, on the following charges and specifications:

CHARGE 1st—Conduct to the prejudice of r/ood order and viilifctry discipline.

Specification IM.—In this, that he, tlie said John Pnlford, 1st Lieuten- ant 19th U. S. Infantry, being directed by Captain Robert Ayers, 19th L'. S. Infantry, in the absence of the Adjutant and commanding officer, to report the result of Reveille and Tattoo roll calls of his company to the senior officer present, did refuse to report as directed by Capt. Ayers, he, Capt. Avers, being in the execution of his office, and say to Capt. Ayers when directed to report, "I will take the matter into consideration," or words to that effect. This at Fort Leavenworth, Kansas, on or about the 22d of November, 1866.

Specification 2d.—In this, that he, the said John Pnlford, 1st Lieuten- ant 19th U. S. Infantry, being directed by Captain Robert Ayers, 19th U. S. Infantry, to report the result of Reveille and Tattoo roll calls of his company, in the absence of the Adjutant and commanding officer, to the senior officer present, did fail to report the result of Tattoo roll call of his company to the senior officer present, Captain Avers, at Tattoo on the 22d, 23(1, and 24th of November, 1866. Tiiis at Fort Leavenworth, Kansas,

(I on or about the dates above specified.

Specification 3c/.—In this, that he, the said John Pulford, Ist Lieuten- iint 19th U. S. Infantry, did, when called upon three times by Captain Ay^rs, pass on, affecting not to hear, and did, when an enlisted man of Company H, 3d Battalion, 19th U. S, Infantry, was sent to him with a "oessage, presenting Captain Ayers' conii)limcnts, and desiring to see him, return by the messenger to Captain Ayers, the following verbal message :

•jive my compliments to Captain Ayers, and tell him if he wants to see

w

V

[2] me, to come where I am," Captain Ayers beinp; in the execution of his office. This at Fort Leavenworth, Kansas, on or about tlie 24th of No- vember, 1866.

CHARGE 2d—Disobedience of orders.

Specification.—In this, that he, the said John Pulford, 1st Lieutenant 19th U. S. Infantry, when told by Captain Robert Avers, that he, Cajv tain Ayers, wislied to see him officially, did reply: "If you wish to see me, come here," or words to that effect; and upon Captain Avers ordering Lieut. Pulford to come to him as desired, he, Lieut. Pulford, did positively refuse to do so, saying: "Sir, I positively refuse, and if you wish to see me, come here," or words to that effect; and when Captain Ayers requested Lieutenant Jones, 19th \j. S. Infantry, to take notice of Lieu- tenant Pulford's conduct, he, Lieut. Pulford, did say: "Yes, Mr. Jones, take notice of it," or words to that effect. All this at Fort Leavenworth, Kansas, on or about the 24tli of November, 1866.


To the 1st specification of the 1st charge, the accused entered a special plea, as follows: And now comes the accused and respectfully asks this lionorable Court

that he be not required to plead to this specification, for that there is no allegation therein showing Captain Ayers to have been in command of the Regiment or Battalion, or in any way authorized to issue such orders to Lieut. Pulford; and for the further reason, that if sufficiently .specific, it does not support the charge, it being a sj)ecification to a charge of " Disobedience of orders," which is a capital offence, so declared by the 9th Article of War, and not cognizable under the charge of "Conduct to the prejudice of good order and military discipline," as set forth in the 99th Article of War, (See Holt's Digest, page 26.)

The Court was cleared for deliberation, and upon re-opening the doors, it was announced that the Court decided to receive the plea to this specification, in bar, so far as it does not allege that Capt. Aj^ers was the senior officer present. The Court also decided the 1st specification under charge 1st, faulty, in this, that it alleges two distinct offences.

To the 2d specification of the 1st charge, the accused entered the following special plea: And now comes the accused, and objects to being required to plead to

the 2d specification under charge 1st, for that there is a material alteration made in said specification since being served with a copy of charges and specifications, of which he had no notice until called upon to plead.

The Court was cleared for deliberation, and upon re-opening the doors it was announced that the Court decide that the objection offered by the accused to pleading to the 2d specification, 1st charge, will not be sus-

[3] tiiined; and that it" the accused desires additional time in wiiich to plead

to said spei'itication, the Court will grant it, and a true copy of the charges

upon which tlie accused is arraigned will he furnished him at once.

The accused stated that one hour delay would be sufficient: whereupon

the Court directed the Judge Advocate to furnish a copy of the charges

and specifications upon which the accused was arraigned, to he furnislK^I

(luring the recess, to the accused, and then the Court took a recess for one

liour. Upon the re-assenihling of the Court, the accused heing recpiired to

plead to the 2d sjjecification under charge 1st, offered the following:

And now comes the accused and objects to heing re(piired tt) plead to

any charges and specifications that differ from the cojjy furnished to the

accused, which copy he now offers the Court, together with the letter of

transmittal, and asks that the same be spread upon the record ; for that

if the copy furnished to the accused be not correct, he has been arraigned

and required to plead to charges and specifications of which he has had

no notice, and has not been served with a copy. (See iJcnet. page lO'.i.

Also Holt's Digest, page 122, par. H.)

The Court overruled the objection of the accused to ])leadin',' ;o tlii

specification, but granted the request that the copy of the cliarge-; and

specifications, and the letter of transmittal, which were rurnished tl-.c

accused, should be spread upon the record.

The accused then pleaded :

To said 2d specification of the 1st charge Xof (luHUi.

To the 3d specification of the Isi charge, tlu' aci-uscd enleicd the fV>llow-

ing special plea:

And the accused further asks this honorable Court, that he be not

required to plead to od .specihcation of the 1st charge, foi- that so much

of the specification as alleges that Lieutenant Pulford did pass on, affect-

ing not to hear, when called three times by Captain -Ayers, does not sup-

port the charge, for there is no allegation that he did hear, when called,

iir did intend any disobedience or disrespect, and without which there

can no criminality attach, and which must be alleged to authorize a Court to fake cognizance of it as an offence. (See JJenet, page 101-2.) And to

the remainder of the specification lie asks that he be not required to plead,

iiiid that it be stricken out, for that he, as a commissioned officer, is not

required to take official cognizance of verbal orders, transmitted through

iin enlisted man. And further, that he be not required to plead to the

^holeorany part of this specification, for that there is no allegation

"howing Captain Avers to have been in command of the Kegiment or

TOttalion, and authorized to issue such orders. The Court cannot pre-

stime, from an allegation, that a line officer, "being in the execution of

authorized to issue orders and receive reports from com])any his offic

commanders, unless supported by further allegations of authority. And further, that this specitication should have been laid under a charge under the 9th, and not under the 99tli Article of War, as referred to in objection to specification 1st. And further, that the specification is objection- able for duplicity.

•The Court was cleared for deliberation, and upon re-opening the doors it was announced that the Court decide that the objection ofi'ered by the accused to pleading to the 3d specification, 1st charge, be t^astaiiied, for the reasons only, that the said specification does not allege that Captain Ayers was the commanding officer of the Battalion or Regiment at the time the alleged offence was committed; and that the accused be not required to make a further plea to said specification.

To the 1st charge, Not Ouilly.

To the specification of the 2d charge, the accused ofl'ered the following special plea: And the accused further asks this honorable Court, that so much of the

first part of the specification to 2d charge, as follows, to wit: " when tolil by Captain Ayers, 19th Infantry, that he. Captain Ayers, wished to Fee him officially, did reply : 'if you wish to see me, come here,' or words to that efli'ect," and so much of the latter part of the same as follows, to wit: "And when Captain Ayers requested Lieutenant Jones, 19th U. S. In- fantry, to take notice of Lieutenant Pulford's conduct, he, Lieutenant Pulford, did say: 'Yes, Mr. Jones, take notice of it,' or words to that effect," be stricken out, for that they are not necessary to, and do not support the charge. And further, that he be not required to plead to this specification, in whole or in part, for that there is no allegation showinf,' Captain Ayers to have had authority to so order Lieutenant Pulford. And further, that this specification should also contain an allegation that Captain Ayers was at the time " in the execution of his office." (See Holt's Digest, 9th Art. of War, par. 2.)

The Court was cleared for deliberation, and upon re-opening the doors, it was announced that the Court decide that the objection to pleading to this charge and specification, offered by the accused, be SUSTAINED, for the reasons, and on the grounds, that the said specification does not allege that Captain Ayers was the commanding officer of the Battalion or Regiment, at the time of the alleged oflence; and further, that the specification does not set forth or allege that Captain Ayers was in the execution of Ins office, at the time the alleged offence was committed.

To the 2d charge, the accused was not required to plead.

FINDING.

The Court was then cleared for deliberation. The pleas in bar to tlio 1st and 3d specifications of charge 1st, and to charge 2d, having been

iitlmitted l)y tlie ('<nirt, no evidence was intnidufod on those charges and ■specifications, and they were not considered l»y tlie Court.

After mature deliberation upon tlie evidence adduced, the Court finds the accused, 1st Lieutenant John Pulford, 19th U. S. Infantry, guilty of the facts set forth in tlie '2d specification of the 1st charge, but attach no criminality thereto.


And the Court does therefore acquit him, 1st Lieutenant John Pulford. 19th U. S. Infantry.

n The pritceedings and findings in the foregoing case having been laid before the Major (General Commanding, the following is his action tiicrcon:

It is believed in order to have brought the accused, Lieutenant John Pulford, 19th U. S. Infantry, to a proper accountability for refusing to obey the orders of his superior officer, as alleged in the 1st and 3d specifications of the 1st charge, he siiould have l)een tried under the 9th .Article of War. At the same time, it is considered an offence triable muler the 99th Article of War, to have used tiie language alleged in these specifications, and as far as these allegations are concerned, it does not seem necessary that the Court should have accepted the pleas in bar of trial, .submitted by the accused. Captain Ayers was a superior officer of the same Regiment as Lieutenant Pulford, and known to him as such, and therefore Lieutenant Pulford had no right to question his authority. before yielding obedience to the same. Whether Captain Avers had the authority to give the order, was a matter for after consideration. Had lie exceeded his authority, he could have been held accountable. Captain Ayers being the senior officer present on parade, had a right to give an order of the nature in question; and to have exonerated Lieutenant Pul- ford from a disobedience of the order, it was certainly necessary for him to show that Captain Avers was not the senior pre.sent. The 9th Article of War does not require that an officer should be in command of his Reg- iment or Battalion, to enable him to give a legal order; the senior officer present has a right to give an order when he deems the intere.sts of thi service require it. The regulations also require that all the duties of tin permanent commander shall devolve on the temporary commander.

In regard to the 2d specification, which was tried, it was found by tin Court that the accused had disobeyed a peremptory order he had received. to report the roll calls of his company to the senior officer present, but in the findings it attaches no criminality thereto. It is not understood how the Court could have arrived at this conclusion from the facts proved, and it is difficult to understand how disci{)line is to be maintained among troops, when juniors are permitted to treat with contempt the orders ol

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[6] their superiors; and it is not believed that it is a safe rule for juniors tu be guided by the decisions of this Court, in tliis case. It is believed, however, that this specitication should have been tried under the Utii Article of "War, and not under the 9!)th.

In regard to the 2d charge and its specification, the ruling of the ('ouit in admitting the plea in bar of trial, is disapproved. The charge " Diso- bedience of orders," was eminently proper—and under the 9th Article of War. The fact of Captain Ayers saying to the accused, " I wish to sec you officially," is a sufKcient expression to intimate that he Avas in "the execution of his office," and fully legalizes the specification. If the Coiirl had proceeded to try on this charge and specification, (which they should have done,) and sentenced the accused to be dismissed the service, it would have been approved at these IIead(juarters.

The accused, 1st Lieutenant .John Pulford, lUth U. S. Infantry, will W released from arrest and returned to duty.

By command of Major (rencral HANCOCK : W. (r. MITCHELL,

Captain and Actiutf Axxixtant Adjutant General.

OFFICIAL :

Acting Anxixfant Adjutant General.

11

G. C. ]M.

1. John Schupack, 2d class Private, Detachment of Ordnance. 2. Patrick F. Leonard, Private Co. E, U. S. Engineer Battalion. 3. Henry Bush, Private Battery C, 3d U. S. Artillery. 4. Benjamin E. Thompson, Private Co. E, U. S. P^ngineer Battalion. 5. William H. Cozzens, Recruit 38th U. S. Infantry. 6. John O'Donoghue, 2d class Private, Detachment of Ordnance.

,/iii

HEADQUARTERS DEPARTMENT OF THE MISSOURI, 1 FORT LEAVENWOKTH, KANSAS, January 11, 1867. /

GENERAL ORDERS, \ No. 8. /

I Before a General Court Martial which convened at Jefferson Bar- racks, Mo., pursuant to Special Order No. 55, paragraph III, Series 1866, from these Headquarters, and of which Brevet Brig, (xeneral P. Morri- son, Colonel U. S. Army, is President, and which re-convened pursuant to Special Orders No. 89, paragraph X, Series 1866, from these Head- quarters, were arraigned and tried :—

1st.—John Schupack, 2d class Private of the Detachment of Ordnance at St. Louis Arsenal, on the following charge and specification:

CHARGE—Desertion.

Specification.—In this, that he, John Schupack, a 2d class Private of the Detachment of Ordnance, stationed at St. Louis, Mo., a duly enlisted soldier in the service of the United States, did absent himself from and desert the said service, on or about the 1st day of July, 1866, and did remain absent therefrom till apprehended and brought back on the evening of the 25th day of October, 1866.


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[2] To the specification, Guilty.

To tlie charge, Guilty.

FIXDING.

Tlie Court having maturely considered tlie evidence adduced, confirm

the plea of the accused, and find him, John Schupack, 2d class Private

of the Ordnance Detachment; as follows:



SENTENCE.

And the Court does therefore sentence him, 2d class Private John Schu-

pack, of the Detachment of Ordnance at 8t. Louis Arsenal, to forfeit all

pay and allowances now due or to become due him ; to be dishonorabiv

discharged the service of the United States, to be confined at liard labor

for six (6) months, at such place as the Commanding Oeneral of the De-

partment may direct.

2d.—Patrick F. Leonard, Private of Company E, V. S. Engineer Bat-

talion, on the following charges and specifications:

C'HAR(;E Lst—Drunkennexx.

Specijication.—In this, that he, Private Patrick F. Leonard, of Com-

pany E, v. S. Engineer Battalion, was drunk in ranks at Tattoo on tlii'

evening of the 29th of October, 1866. This at the Engineer Depot, Jeffer-

son Barracks, Mo.

C'HAKtiK 2d—Mutinouti (tnd inxubardinate conduct.

Specijication 1st.—In this, that he, Private Patrick F. Leonard, of Com-

pany E, U. S. Engineer Battalion, liaving been ordered by the Sergeant

of the guard, Sergeant Charles Smith, of Company E, V. S. Engineer

Battalion, to go with him to the guard house, did refuse, offering at the

same time violence, and using insulting language toward said Sergeant ol

the guard. This at Jefferson Barracks, Mo., on or about October 29th,

1866.

Specijication 2d.—In this, that he, Private Patrick F. Leonard, of Com-

pany E, U. S. Engineer Battalion, having been ordered by his superior

officer, Lieutenant James C. Post, L^ S. Engineer Battalion, to go with

the Sergeant of the guard and be quiet, (the said Lieut. Post being in the

execution of his office,) did attempt to take off his coat, and seize hold of

the said Lieut. Post, saying at the same time, "God damn you, I am a

better man than you are," or words to that efl'ect. This at the Engineer

Depot, Jefferson Barracks, Mo., on or about the 29th of October, 1866.

To which charges and specifications the accu.sed pleaded as follows:

To the specification of the 1st charge, GuUty-

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To the Ist ispec'itication of'tho 2(1 charge, Not Guilty.

To tlie 2d specification of the 2(1 charge, Not Guilty.

To the 2(1 charge, Not Guilty.

l-INDINU.

The Court liaving maturely considered tlie evidence adduced, find tlie

ucrused, Private Patiick F. Leonard, of Company l->, I'. S. Engineer Bat-

talion, as follows:

Of the sjiecification of tlie 1st diarge, Guilty.


Of the 1st specification of tlie 2d charge, Guilty.

Of the 2d specification of tlie 2d charge, Guilty.

Oftiie 2d ciiarge, Guilty.

SKNTENCK.

And the Court do tlierefore sentence him. Private Patrick F. Leonard,

of Company E, U. S. Engineer Battalion, to fqrfeit ten (10) doUars of ids

monthly pay per month, for six months, and to be contiiKnl at hard labor

for the same ])eriod.

M.—Henry lUisli, Private Battery C, :U] V. S. Artillery, on the follow-

ing charges and sj)ocifications:

( 'HAKC^K 1st—DiKcrfion.

S}»ecijication.—In this, that he. Private Henry Bush, of Battery C, I5d

r. 8. Artillery, a duly enlisted soldier in the service of the Ignited States,

(lid desert or attempt to desert the same, on or about tlie Dth day of Octo-

lier, 180(5. This at JcHerson Barracks, Mo.

CHAR(JI-: 2d—Tlic/I.

Specijicfttion Is/.—In tliis, that he, Private Henry Bush, of Light Bat-

tery C, M U. S, Artillery, did (eloniously steal, take, or carry away, one

(1) pantaloon (Cav.) of the value of .S-">.!)(>, the proj)erty of William

lirown. Private of same c )mpany, with the intent to ap|)ropriate the

same to his own use and beiielit. This at Jefferson Barracks, Missouri. on or iihnut the ilth day of ()c;ol)er, IHtJfi.

Specijic(ili(,n2(l.—lu this, tliat he. Private Henry Bush, of Light Bat-

tery C, 3d U. S. Artillery, did feloniously steal, fake, and carry away

with the intent to apj)roj)riate tlie same to his own use i.nd benefit, tw<< I-) pants (citizen) of the value of ."^y.no, ,me (1) vest (citizen) of the value

'»f?l 00, three (8) shirts of the value of .$3.()0, one (1) carpet l)ag of tlic

value of $2.50, the jiropcrty of 'William (Jrimes, Private of same com-

pany and regiment. This at Jetlc-rson Barracks, Mo., on or about the i'tli of October, ]8()t).

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To whicli charges and specifications the accused pleaded as follows:

To the specification of the 1st charge, Not Ouilty. To the 1st charge, Not Ouilty. To the 1st specification of the 2d charge, Not Guilty. To the 2d specification of the 2d charge, Not Guilty. To the 2d charge, Not Guilty.

FINDING.

The Court having maturely considered the evidence adduced, finds the accused. Private Henry Bush, Light Battery C, 8d U. S. Artillery, as follows:

Of the specification of the 1st charge, Guilty. Of the 1st charge, Guilty. Of the 1st specification of the 2d charge, Guilty. Of the 2d specification of the 2d charge, Guilty. Of the 2d charge, Guilty.

SENTENCE.

And the Court do therefore sentence him. Private Henry Bush, Light Battery C, 3d U. S. Artillery, to be dishonorably discharged from the U. S. service, to forfeit all j)ay and allowances now due him, or to l)econie due him from the United States Government, and to be confined at hard labor for three (3) years, at such place as the Commanding Oeneral of the Department may designate.

4th.^Benjamin E. Thompson, Private Company E, I'. S. Engineer Battalion, on the following charge and specification:

CHARGE—-Dexertiny hitf (juard.

Specification.—In this, that he. Private Benjamin E. Thompson, Com- pany E, U. S. Engineer Battalion, did, after having teen duly posted as a sentinel, desert his post, and remain absent therefrom until after tin' time at which he should have been duly relieved. This at the Engineer Depot, Jefferson Barracks, Mo., on the morning of the 5th of November, 1866.

To which charge and specification the accused ]>leaded as follows:

To the specification, Guilty. To the charge, Ouilty.

FINI)IN(t.

The Court having maturely considered the evidence adduced, confirm the plea of the accused, and find him, Benjamin E. Thompson, Private Company E, U. S. Engineer Battalion, as follows:

Of the specification, guilty. Of the charge, Guilty.

[5] SENTENCE.

And the Court do therefore sentence him, Private Benjamin E. Thomp- son, Company E, U. S. Engineer Battalion, to be confined at hard labor, in charge of the Engineer guard, for six (6) months.

oth.—William H. Cozzenw, Recruit 38th U. S. Infantry, on the following charges and specifications:

CHARGE 1st—Mutinous conduct.

Specification.—In this, that he, Recruit William Cozzens, 38th U. S. Infantry, did forcibly and threateningly resist, and use insubordinate lan- jjuage toward Hospital Steward Charles Swallow, U. S. A., while he, (Steward Swallow,) was in the discharge of his duty. This at Jefferson Barracks, Mo., October 20th, 1866.

CHARGE 2d—Disobedience of orders.

Specification.—In this, that he. Recruit William Cozzens, 38th TJ. S. Infantry, after being re})eatedly ordered by Hospital Steward Charles Swallow, U. S. A., to be quiet, did refuse to obey, but continued to talk and use language prejudicial to good order and military discipline. This at Jeft'erson Barracks, Mo., October 20th, 186G.

To which charges and s{)ecifications the accused pleaded as follows:

To the specification of the 1st charge, Not G-uilty. To the 1st charge, Not Guilty. To the specitication of the 2d charge, Not Guilty. To the 2d charge, A^ot Guilty.

FINI)IN(;.

The Court having maturely considered the evidence adduced, confirm the plea of the accused, and find him, William 11. Cozzens, Recruit 38tli U. S. Infantry, as follows:

Of the sj)ecification of the 1st charge, Not Guilty. Of the 1st charge, Not Guilty. Of the specification of the 2d charge, Not Guilty. Of the 2d charge, Not Guilty.

And the Court do therefore acipiit him, the said William H. Cozzens, Kecruit 38th U. S. Infantry.

6th.—John O'Donoghue, 2d class Private of a Detachment of Ordnance, stationed at St. Louis .Vrsenal, Mo., on the following charge and specification :

CHARGE—Larceny.

Specification.—In this, that he, John O'Donoghue, a 2d class Private of the Ordnance Detachment, stationed at St. Louis Arsenal, Mo., did felo-

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[6] niously steal, take, and carry away from the repair-shop at said Arsenal one (1) Colt's Army Pistol, valued at nineteen dollars and thirty-one cents, ($19.31) with intent to appropriate the same to his own use. Said pistol being taken from about his person soon after. This at St. Louis Arsenal, Missouri, on the loth day of November, 1866.



FINDING.

The Court having maturely considered the evidence adduced, confirm the plea of the prisoner, and find him, John O'Donoghue, 2d class Pri- vate of the Ordnance Detachment at St. Louis Arsenal, as follows:

Of the specification, Gnitty. Of the charge, Guilty.

SKNTENCE.

And the Court do therefore sentence him, 2d class Private Joim O'Don- oghue, of the Ordnance Detachment stationed at St. Louis Arsenal, to bt- confined at hard labor for sixty (60) days, in charge of the guard at the St. Louis Arsenal.

II The proceedings, findings, and sentence in the case of 2d class Pri- vate John Schupack, Detachment of Ordnance, are approved. That portion of the sentence wiiich relates to "be dishonorably discharged," will read as follows: "to be dishonorably discharged at the expiration of lii~ confinement." The guard house at Jefierscm Barracks, Missouri, is designated as the place of confinement. The prisoner, with liis descriptive roll, will be turned over to the cjuinianding officer at Jefierson Bar- racks, Missouri, who is charged with the execution of the above order.

The proceedings, findings, and sentences, in the cases of Private Patrick F. Leonard, Company E, U. S. Engineer Battalion, Private Benjamin Iv Thompson, Company E, LI. 8. Engineer Battalion, and 2d class Privati' John O'Donoghue, Detachment of Ordnance, are approved. The sentences will be duly executed.

The proceedings, findings, and sentence in the case of Private llenn Bush, Light Battery C, 8d U. S. Artillery, are approved. The Peniten- tiary at Jefferson City, Missouri, is designated as the place of confinenieni, to which place the prisoner will be conveyed inider suitable guard, and turned over to the Warden of said Penitentiary, who will at the sanu- time be furnished with a copy of this order. The commanding officer at .Jefferson Barracks, Missouri, is charged with the execution of the sanu'.

[7] The proceedings and findings in the case of Kecruit William H. Coz-

zeus, 38th U. S. Infantry, are confirmed. The prisoner will he released from confinement and returned to duty.

By command of Major (leneral IIAXCOCK : W. a. MITCHELL,

Captain and Acting AHsixtant Adjutant General.

OFFICIAL:


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ll.

G. C. M. JOHN LU.MK, llosijital Steward V. S. A.,

IIExVDQUAKTERS DEPARTMENT OF THE .MLS.sOi:JM. FORT LEAVENWOBTH, KANSAS, January I6//1, 1«87.

GENERAL ORDERS, )

No. 9. ) I Before a General Court ^lartial wliieli eoiiveiled at

Fort Harker, Kansas, January 3rd, 1867. jjursuant to Special Orders, Xo. 105, Parafrrai)Ii 4, Series, 1866, from these Headquar- ters, audof wliicli IJrevet Major General A. GIRBS, Major 7th U. S. Cavalry, is President, was arraigned and tried:

JOHN LUMIS. Hospital Steward U. S. A., on the following charge and speeitication :

CHARGE:

"Breach of arrest.'^ SPECiriCAllOX : "In this ; that he, Hospital Stfwarfl joiiN l.L'MI?, U. S. A.,

liaviiii^ bt'en duly pUiccd in arrest, did, on or about the niglit of Sep- tember 2ord, 1860, break his arrest, mid remain absent until on or about the morning of September 25tli, this at Fort Ellsworth, Kansas, on or about the night of September 23rd, 1806.''

To which cliargc and specification the prisoner pleaded as follows:

To the Specification, To the Charge,

''Guilty." ''Guilty.'^

FINDING

M

The Court having maturely considered the evidence adduced, "outirmthe plea of the prisoner, and llnd hira, Hospital Steward JOHN LUMR, U. S. A., as follows :

Of the Specification, Of the Charge,

''Guilty." "Guilty."

SENTENCE:

And the Court docs therefore sentence him. Hospital Steward JiiiiiiLumb, U. S. A., to be dishonorably dismissed the service of the United States, with loss of all pay and allowances IIOAV due or ^hat may become duo him, except Ihe ji!6t diics of the liiuhdix'^s aucl sutler.

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TT....... The proeeeding^s, findings, and sentence, in the c^se of Hospital Stewftrd JOHN LUMB, U. S. Army, are confirmed, So miifli of &aid sentence as requires fovfoifW'o of all pay, and al- JowanctH now due, or to become due, is hereby remitted.

Jt is not tlvougbrt to be correct to use tlie words "disraissod" or "dislionorably dismissed" Avlicn it is intended to discharge any ])ersoii from ithe sorvife wko, is not a Commissioned Officer, but us in this case, rlic intention of tlio sentence is clear,.the prisaner i will be discharged the service of the United States. ' By command of MAJOR GENERAL HANCOCK :

^Y. G. MITCHELL. Captain and Acling Assistant Adjutant Gentml

OFFICIAL

Acting Assistant Adjutant Gentrah

.

G. C. M.

WILLIAM CONNALLY, Private, Co. "K," 87th U. S. Infantry, THOMAS COWLEY, Private, Co. "K," 87th U. S. Infantry. STEPHEN PARKS, Private, Co. "A,"3rdU. S. Cavalry. PATRICK CAKNKV, Private, Co. "C," 37th U. S. Infantry. HENRY L. ADKINS, Private, Musician 3rd U. S. Infty. Band.

HEADQUAHTERS DEPARTMENT OF THE MISSOURI. FORT LEAVENWORTH, KANSAS, January 22ud, 1867.

GENERAL ORDERS, ^

No. 11. S

I Before a General Court Martial, which convened at Fort Leavenworth, Kansas, January 10th, 1867, pursuant to Special Or- ders No. 5, Paragraphs, Current Series, from these Headquarters, and of wliich Brevet Brigadier General FRED. MYERS, Major aud Q. M. U. S. Army, is President, were arraigned and tried :

1 William Connolly, Private, Co. "K," 37th U. S. Infantry, on the following charge aud specification :

CHARGE: ''Neglect of duty as a sentinel."

•JPKCIKICATION : "In this ; Uiat he. Private William Connally, Compan) "K," 37th U. S. Infantry, while on duty as a guard and posted over Private John Kuhn Co. "C," 37th U. S. Infantry, a prisoner awaiting sentence, did suffer said prisoner Kuhn, to effect his escape Thia at Fort Leavenworth, Kansas, on the 27th day of December, 1866."

To which charge and specification, the accused pleaded as fol lows:

To the Specification, " Guilty." To the Charge, " GuUty."

FINDING :

The Court having maturely considered the evidence adduced,

2

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Of the Specitlcation, Of the Uliarge,

To the Specification, To tlie Cliarge,

find the accused Private WiUiam Connally, Company "K," 37th U. S. Infantry, as follows :

" Guilty:'

SENTENCE :

And the Court does tlierefore sentence him, Private William Connally, Company ''K,"371hU. S. Infantry, to forfeit ten (10) dollars per month of his monthly pay for two months, and to bo I coulined at hard labor, in charge of a guard, for one niontli.

2. ... Thomas Cowley, Private Co. **K,"37th U. S. Infantry, | on the following charge and speciticatiou:

CHARGE:

"Neglect oj duty as a sentinel.^^ SPECIFICATION : "In this ; that he, Private Thomas Cowley, Company "K,"

37th U. S. Iiifiintry, being a member of tlie guard, regularly mounted, and having been duly jjlaced as a .sent inel in charge of certain prisoners, did carelessly and negligently sutler anil permit iiiie of said iirinonpis, Private Willuun^ of Co. "E," ;5rd Cavalry, to make his escape and desert the service of tlie United States. This at I'ort Leaveaworth, Kimsas, on or about the 2-lth day of December, 18CU ''

To which charge and speciticatiou the accused pleaded as follows :

" Guilty:' "Uuitly:'

FINDING :

The Court having maturely considered the evidence adduced, find the accused, Private Thomas Cotoley, Company '*K,"37thL\ S. Infantry, as follows:

Of the Specification, ''Guilty:' Of the Charge, " Guilty."

SENTENCE:

And the Court does therefore sentence him. Private Thonm Cowley, Company "K,"' 37th U. S. Infantry, to forfeit ten (10) dollars per month, of his monthly pay for two months, and to be confined at hard labor under charge of a guard for one month.

3 Stephen Parks, Private, Company "A," 3rd tT, 8. Cavftl- ry, on the following charge and specifications :

CHARGE:

"Desertion:' SPECIFICATION Ist, "In this ; that he, Private Stephen Parks, Company "A, '

;jrdU. S, Carah-y, a duly enlisted soldier in the service of the Unit«l States, did absent himself from, and desert said service at or near Vaii- buten Afka., on ot about the 0th day of May, 18t5G, and did remain ab-

I

Bent until apprehinded, on or about the 10th day of May, 1866."

SPKCinCATIOX i-'nd, "In this ; that he. Private Stiphcn Parks, Company "A" 3rd U. S. Cavalry, u duly enlisted soldier in the service of the United States, (lid absent hiinseli'froni, and desert said service at or near Shaw- nee Town, Indian Teniiory, on oral>out the 20th day of July. 1660, and did remain absent until apprehended and delivered to the Commanding Officer at Fort Smith, Arkansas, on or about the 30th day of July, 18(i6.

To which cliarge and specifications the accused pleaded as follows:

To the 1st Specification, "Gvilly." To the 2nd Specification, "GuUti/." To the Charge, "Guilty."

FINDING :

The Court havinj^ niaturclx cotiRidered the evidence adduced, find the accused Private Sitphm Parks, Company "A," 3rd U. S. Cavalr)', as follows:

Of f heist Specification, "Gm7/?/" Of the 2nd Spccitidation, "Gvil'y." Of the Charge, • "Guiliy."

SENTENCE:

And the Court docs therefore sentence him, Private Stephen Parks, Company *'A," ."ird U. S. Cavalry, to forfeit all pay and allowances now due, or thatm;iy become due, (except the jnst dues of the sutler and laundress.) to be confined at hard labor, breaking stones at tlie Guard House at Fort Lcavcnworth, Kansas, under charnfo of a soutiucl, daily for one (1) year, (Sundays cxcopted) from Reveille to Ketreat, one hour beiufr allowed for dinner each day. To be kept on bread and water during the first fourteen daysofeacli month of the la^t six months of his punishment, and tlioa to be drummed out of service.

4 Patrick Carnci/, I'rivatc Company "C," 37tli U. S. In- fautry, on the following charge and si)ccilicatiou :

CHARGE:

"Desertion.'* HPKCiricATlON ; "In thti; that he, Private Patrick C&rney, Company "C,"

HI 37th U. S. Inliinfry, (latr 3r(l Battalion, 19th U.S. Infanlry,) a duly ' ■ enlisted .soldier iu tlie .service of the United StAtes did de.sert the flame

oa or al)out tin- sih day of December, ]»G(>, and did surrender himself on or about December 25th, IbWj. All this at ornear Kfirt I-eavenWortii, Kan.<i!is. "

To which charge and spccificatiou the accused pleaded as fol-

Tt) the Spccificatiou, 'Not Guilty.'!

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to the Charge, "Not Guilty." FINDING :

The Court havingmaturclycoiisidorcd the evidence adduced, find the accused Private Patrick Carney, Company ''C," 37th U. S. Infantry, as follows :

Of the Specification, "CJuilty." Of the Charge, " Guilty."

SENTKNCE:

And the Court does therefore sentence him, Private Patrick Carney, Company '*C," 37th U. S. Infantry, to forfeit all pay and flllowances, novr due, or that niny boconie due, (cxocpt the just dues of the sutler and laundress,) to be confined at liard labor, breaking stones at the Guard House iit Fort Lmvcinvorth, Kun- sas, under charge of a sentinel, dnily for one (1) year, (Sundays excepted,) from Keveille to Iletr. at. o.ic hour being allowed for dinner each day. To be kept on bieud and water dni-ing the tirst fourteen days of each month of the last six months of his punishment, and then to be drummed out oi the service.

6 Hiury L. Adkins, Private, Musician 3rd U. R. Infantry Band, on the following chai'ge and specification :

CHARGE;

"Disobedience oj Orders." SPECIFICATION! "In this; that he, Private Henry L. Adkins, MnsiciiinSnl

U. S. Infantry Band, havinj; been ordered by his commanding officer, and Lieutenants. W. nonsall, 3rd U.S. Infantry, Acting Adjutant, with other musicians of the Baud to perform at an olUcers Ball ou the night of tlie 4th of January, 1867, did fajil and neglect to be present and to obey said order. This at Fort Leavenworth, Kansas, on or about llie ■tth day of January, 1867."

To which charge and specification the accused pleaded as follows :

To the Specification, ''Not Guilty.'' To the Charge, "Not Guilty."

FINDING t

The Court having maturely considered the evidence adduced, find the accused Private Henry Lv Adkins^ Musician 8rd U. S. In* fantry Band, as follows:

Of the Specification, "Gw%." Of the Charge, "Gn%."

SENTENCE »

And the Court does Iherefore sentence him, Private Henr^l" A*mmy Musiniftn ard XJi Sx Infantry Band, to forfeit to the United

Iff

states ten (10) dollars pei- month of his monthly pay for ono montli and to bo held in solitary confiiicnicnt on broad and water for fourteen (14) days, at the Post Guard House at Fort Leaven- wortb, Kansas.

II... The proceedings, findings, and sentences, in the oases of Privates JViUiam Connally, Company "K," 37th U. S. Infantry, Thomas Cowhy, Company "K," 37tli U. S. Infantry, Stephen Parks, Company "A," ord U. S. Cavalry, and Patrick Carney, Company <'C," S7th U. S. Infantry, are approved. The sentences will bo duly executed.

The findings, and sentence in the case of Private Henry L. Ad' kins, Musician, Band 3rd U. S. Infantry, are disapproved. There i^ not sufticient evidence to prove the pi'isoncr guilty of disobedience of orders. He was directed to i)lay on a particular night, and there is no evidence to show tliat he was not ready and willing to pliiy on that night; and it is clearly shown that the Band wa? not called on to play on that occasion. Again it is proven tiiat on the next night Friday, when the Band did play the prisoner did not receive any orders from any source whatever, and from the fact of the Adjutant telling him to take charge on Thursday, and General Hofl'man ordering another man to take charge on Friday nicrht, it is a fair inference that they were separate and distinct affairs; and there is nothingin the proceedings to show a wilful iutcut on the part of the prisoner to disobey an order.

The prisoner will be released from confinement and restored to duty.

By command of MAJOB GKNERAL HANCocit t

W. G. MITCHELL. Captain and Acting Aasiatant Adjutant Gerierol*

*f

OFFICIAL : ■^n^c

j C{/ ///- ^^^^'^^ Assistant Adjutant GmtraU

■ li i ' U

M

II

a. c. Ml.

1. Lafayette Baker, Private Co. I, 7th U. S. Cavalry. 2. Albert Gordon, Private Co. H, 7th U. S. Cavalry. 3. Patrick Kindlen, Private Co. D, 7th U. S. Cavalry. 4. Patrick Maney, Private Co. D, 7th U. S, Cavalry.

HEADQI\\KTP:RS DEPAKTMENT OF THE MISSOUKI, ■) FORT LKAVKXWOUTII, K \N< V< .Ijinuury 24, 1867. J

(tENEEAL ORDERS, \ No. 14. j

1 Before a General Court Martial, which convened at J^ort Riley, Kansas, January 8th, 1867, i)ursuant to Special Orders No. 5, paragraph 1, Current Series, from these Headquarters, and of which Brevet Major • ieneral G. A. Custer, Lieut. Colonel 7th L^, S. Cavalry, is President, were arraigned and tri(>d:

1st.—Lafayette Baker, Private Company I, 7th U. S. Cavalry, on the following charge and specitication :

CHARCJK—Desertion.

Specificatiun.—In this, that he, the said Lafayette Baker, Private Com- pany I, 7th L^. S. Cavalry, having been duly enlisted as a soldier in the «ervice of the United States, did desert the same at Fort Riley, Kansas, 'm or about the 9th day of October, 1866, and did remain absent until iipprehended and brought back to Fort Riley, Kansas, December 7th, 1866. Thirty (.30) dollars paid for his apprehension. This at or near Fort Riley, Kansas, on or about the 9th ^ny of (Ibtober, 1866.

To which charge and specitication the accused pleaded as follows:

To the specification, Guilty. To the charge, Gtiilty.

¥i

\. I

[2] FINDING.

The Court having maturely considered the evidence adduced, find tlio accused, Lafayette Baker, Private Company I, 7th U. 8. Cavalry, as follows :

Of the specification, Guilh/. Of the charge, Gviltij.

SENTENCE.

And the Court does therefore sentence him, the said Private Lafayetie Baker, Company I, 7th U. S. Cavalry, to be confined at hard labor for the period of one (1) year in the guard-house, at such Posts as his company may be serving during that time, and to forfeit all pay and allowances now due, or that may become due during the period of iiis punisli- ment, except the just dues of the sutler and laundress.

2d.—Albert Gordon, Private Company H, 7th U. S. Cavalry, on tlu' following charge and specifications :

CHARGE—Conduct prejudicial to (food order and tnilitarn tUxcipliiie.

Specification Ixt.—In this, that he, the said Private Albert Crordoii, II Company, 7th U. S. Cavalry, did wilfully strike Sergeant Henry Daltoii, Quartermaster Sergeant of II Company, 7th U. S. Cavalry, said Sergeant Henry Dalton being then in the discharge of his duty. This at Fort Riley, Kansas, on or about the 2d day of December, 18(5().

Specification 2d.—In this, that he, the said Private Albert Gordon, II Company, 7th U. S. Cavalry, did use threatening and indecent language towards Sergeant Henry Dalton, Quartermaster Sergeant of H Company, 7th U. S. Cavalry, saying: "Dalton, I will remember this against you," or words to that effect; also: "Sergeant Dalton, you shall sufi'er for this," or words to that effect. The said Private Albert Gordon also called tlu' said Sergeant Henry Dalton "a God damned son of a bitch," and "u cock sucker," *r words to that eflect. This at Fort Kiley, Kansas, on or about the 2d day of December, ISHfi.

To which charge and specifications the accused pleaded as follows:

To the 1st specification, Guiltii. To the 2d specification, Guiltn- To the charge, Gnilt;!.

FINDING. The Court having maturely considered the evidence adduced, find the

accused, Private Albert Gordon, Company H, 7th U. S. Cavalry, as follows : Of the 1st specification, t^"'"''^' Of the 2d specification, Gui'^.i/. Of the charge,.. ^»'""-

SENTKNCE.

And the Court does therefore sentence him, Private Albert Uordon,

Company H, 7th U. 8. Cavalry, to forfeit all pay and allowances now

due, except the jnst dues of the huindress. To forfeit fourteen (14) dol-

larsi per month of his monthly pay for three (3) months, and be confine<l

for the same period at hard labor, under charge of the Post or Kegimental suard, the last fourteen (14) days of his confinement to be i)laced in xoli-

lanj continement on bread and water.

od.—Patrick Kindlcn, Private Company D, 7th V. S. Cavalry, on the

following charge and si»ecification:

CHARGE—Conduct prejudicial to good order and military dlaclpllne.

Specification.— In this, that he, Private Patrick Kindlen, of Company

D, 7th U. S. Cavalry, did assist in taking two horses, saddles and bridles

complete, the projicrty of the United States, and for which Brevet Cup-

tain E. K. "VVells, 1st Lieutenant 2d U. S. Cavalry, is responsible, from the company stables, without permission from his commanding officer,

and (lid sell or otherwise dis})()se of them to a citizen living near Fort

Kiley, Kansas, with the intention of defrauding the Ignited .Slates of sai«l

property. This at Fort Pilcy, Kansas, on or about the evening of Decem-

ber 15th, 186(5.

To which charge and sped(ication the accused i)leaded as fcdlows :

To the specification, , .....<...-;.. Not Guilty.

To the charge, ,.}.i?..M.i..: Not Ouilty.

KTNDINO.

The Court having maturely considered the evideiu-e adduced, find the

accused, Private Patrick Kindlen, Comjiany I), 7fh P. S. Cavalry, as follows:

Of the specification, Ouilty.

with the excepti(m of the words: "and sellor otherw-f^P' Of the charge, • Guilti/,

SENTENCE.

And tlie Court does therefore sentence him, the said Private I'atrick

Kindlen, of Company D, 7th U. 8. Cavalry, to forfeit all pay and allow-

ances now due him, except the just dues of the laundress and sutler, to be

contined at hard labor, under charge of the guard, at such post as his

Kegiment or company may be serving, for the period of five (5) month.s.

to forfeit fourteen ($14) dollars ix?r month of his monthly pay during this

i»enod, and to be placed in solitary confinement, on bread and water, for

Ihe last fourteen (14) days of his confinement. " -^

4th.—Patrick Mancy, Private Company D, 7tli U. 8. Cavalry, on the '"llowing charge and specification :

CHARGE—Conduct prejudicial to good order and military dificipline.

Specification.—In this, that he, Private Patrick Maney, Companv D, 7th U. S. Cavalry, did assist in taking two horses, saddles and bridles t;omplete, the property of the United States, and for which Brevet Cap- tain E. R. Wells, 1st Lieutenant 2d U. S. Cavalry, is responsible, from Uie company stables, without permission from his commanding officer, and did sell or otlierwise dispose of them to a citizen living near Fort Riley, Kansas, with the intention of defrauding the United States of said property. This at Fort Riley, Kansas, on or about tlie evening of Decem- ber loth, 1866.

To which charge and specification the accused pleaded as follows: To the specification, Not Ouilty. To the charge, Not Ouilty.

FINDING.

The Court having maturely considered the evidence adduced, find the accused. Private Patrick Maney, Company D, 7th U. S. Cavalry, as follows : Of the specification, ^'ot Guiltii. Of the charge, Not Uuilti/.

And the Court does tlierefore acquit him, the said Private Patrick Maney, Company D, 7tii U. S. Cavalry.

11 The proceedings, findings and sentences in the cases of Privates La- I'ayette Paker, Company I, 7th U. S. Cavalry, Albert Gordon, Company II, 7th U. S. Cavalry, and Patrick Kindlen, Company D, 7tli U. S. Cav- alry, are confirmed. The sentences will be duly executed.

The proceedings and findings in the case of Patrick Maney, Companv D, 7th U. S. Cavalry, are approved. The prisoner will be released frmii confinement and returned to duty.

III......The U^eral Court Martial, of which Brevet Major General G. A. Custer, Lieutenant Colonel 7th U. S. Cavalry, is President, is herebv dissolved.

By command of Major General HANCOCK : W. G. MITCHELL,

Captain and Acting Assistant Adjutant General.

t

t a. c. M.

(ieorge Biitcliot'skv member of Co. T, 8tli T'. S. Inliiiitrv.

HEADQUARTERS DEPARTMENT OF THE MISSOURI, \ Yoin LKAVENWOKTH, KAN.SAS, January 24, 1807. j

GENERAL ORDERS,) No. 15. /

1 Before a General Court ^lartial, wliieh convened at Fort Rlis.«, Texas, December 20th, 1866, pursuant to Special Orders No. 78, paragraph 3, Series 1866, from these Ileadcjuarters, and of which Lieutenant Colonel Alex. Duncan, 12r>t]i U. S. C. T., is President, was arraigned and tried:

George Butchofsky, a member of Company I, Sth U.S. Inantry, on the following charge and specifications :

CHARGE—Denertion.

Specification Ist.—In this, that he, George ButchofskfPlii niCTuber of Company I, Sth U. S. Infantry, and a duly enlisted soldier^fcr the service of the United States, did desert said .service. This at or near Fort Bliss, Texas, on or about the 29th of March, 1861,

Specification 2d.—In this, that he, George Butchotsky, a jnember of Company I, 8th U. S. Infantry, and a duly enlisted soldier in the service of the United States, did desert, leave or abandon said service again.st the commands of his superior and commanding officer. This at or near Fort Bliss, Texas, on or about the 29th of March, 1861.

To which charge and specifications the accused pleaded as follows :

To the 1st specification, Not Guilty. To the 2d specification, Not Guilty. To the charge, Xnf Gnilttj.

J.ih^l

L/; V

[2] FINDING.

The Court having maturely considered tlie evidence adduced, finds the accused, (xeorge Butclioisky, a member of Com))any I, cStli I'. S. Infantry, as follows:

or the 1st specification, Guilty. Of the 2d specification, Guilty,

with the exception of the words "against the command of his superior and commanding otficer."


SENTENCE.

And tlie Court does therefore sentence him, George Kutchofsky, a meiii- her of Company I, 8th U. 8. Infantry, to forfeit all pay and allowances now due or that may become due him from the United States, except the amount of the just dues of the sutler and laundress, and to be dishonorably discharged the service of tlie United States.

II The proceedings, findings and sentence in the foregoing case are approved. The sentence will be duly executed.

Ill The (leneral Court Martial, of which Lieutenant Colonel Alex- ander Duncan, I'iSth U. S. C. T., is President, is hereby dissolved.

By command of Major General HANCOCK : W. G. MITCHELL,

Captain and Acting A.'^sistant Adjutant General.

^Actiw) Aa.si.^tant Adjulunt General.

O. C. M.

1. William V. Thomas, I'rivatt- Co. K, 2(1 Halt. ITtli V. S. Infantry.

•I. Tlioinas Kan.-ioin, Private Co. A, 8d U. S. Cavalry.

.'). Benjamin Ilofljê, Private Co. E, 8d l'. S. Cavalry.

4. Morjân J-'inncan, Private Co. I, .'{7tli I'. S. Infantry.

IIK.\I)QrAKTKHS DKP.Vin.MKNT OF TIIK MISSOUJil,) Four Li;.\VK\\V()i{TH. KANSA.X, .Jannary 2!*, ISdT. j

(iKNEKAL OK'DKKS, i Xo. 17. )

1 Before a (ieneral Court Martial, wliieh convened at Fort Leaven-

wdrth, Kansas, .January lOtli, 18(57, pnrsnant to Special Orders, No. ■'), I'ar. 3, Current Series, from these Headcjnarters, (»f whieh Brevet Brijjâ-

(lier Genentl Fred. Myers, Major and (^. M. U. S. .\rniy, is President,

and whieh re-eonveiicd January 21st, 18(57, pursuant to Special Orders,

No. 17, Par. 2, Current Series, from the.«e Headquarters^jnere arraigned :uid tried :— ^

1st.—William V. Thomas, IVivate Co. K, 2(i liatt. 17tli V. S. Infantry, 111! the folhtwinj; charge and specilication :

CiCAKfiK—Desertion.

Specijicalion.— In this, that he, Private William V. Thomas, Co. E,

l"th U. S. Infantry, a duly enli.sted soldier in the .'service of the United

*>tatefi, did ahsent himself from and de.sert said service at Fort Leaven-

worth, Kansas, on or about the 7th day of November, 1866, and did re-

main absent until apprehended and delivered to the commanding officer

at Fort Leavenworth, Kansas, on or about the loth day of November,

1866. Thirty ($30) dollars paid for hi.s apprehension.

To which charge and specification tlie accused pleaded as follows:

y

%

[2]

y

To the spec!itioiiti(jn, Xnf fJulU,, but guilty of "absence without leave."

To the charge, A"*,/ (JHUtij. FlNlUXd.

Tlie Court liaving maturely considered the evidence adduced, rtnds the accused, Private William V. Thomas, Co. E, "id Ratt. ITtli T. S. Iniantrv, as follows: Of the specitication, Guiltif

except the words " did desert." Of the charge, i\«j< Guiltij^

but guilty (tf " absence without leave." SENTENCE.

And the Court does tlierefore sentence him. Private William Y. Thoai- as, Co. E, 17th U. S. Infantry, to forfeit ten (10) dollars per month of his monthly pay for four months, and to be contined at hard labor, under charge of a guard, for two (2) months.

2d.—Thomas Hansom, Private Co. A, od U. S. ('axalry, on tlie I'olh.w- ing charge and speciiication :

C n AK(; E—Di'Kt'idon.

Saecificatidn.—In this, that he, Private Thoma< Kansom, Co. \, W\ V. S. Cavalry, a duly enlisted soldier in the service of the United Sta'es, did absent himself from, and desert said service at or near SeuUyville, Indian Territory, on or about the 13th day of June, ISGtl, and did renniin ah.-cnt until apprehended and delivered to the commandiiig officer of F<u-t Smith, Arkansas, on or about the Hfth day of July, lS(j(l.

To which charge and specitication the accused jdeaded as follows: To the specification, A'o< Guilty.

but guilty of "absence without leave." To the charge, i^'"' ^^"'%-

FINDtXCi.

The Court having maturely considered the evideiu-e adduced, liiids \\w accused. Private Thomas Hansom, Company A, 8d V. S. Cavalry, a-; follows : Of the specification, '^^'"'"!/'

except the words, "did desert." Of the charge, Sot Guilty,

but " guilty of absence without leave." SENTENCE.

And the Court does therefore sentence him, Private Thomas Kansom, Company A, 3d U. S. Cavalry, to forfeit ten (10) dollars per month of hifi monthly pay for four months, and to be confined at hard labor under charge of a guard for two (2) montlis.

[3] 8d.—Benjamin Ilodfô, Conipany E, .'5(1 U. S. Cavalry, on the following

tliarfje ami sjiecitication : ("irAKGE.—Dexertion.

Specijicatloit.—In this, that he, I'rivate Benjanun Hodge, Conipany K,

ltd U. S. Cavalry, a duly enlisted soldier in the service of the United

States, did ahsent himself from, and desert said service at or near oeully-

ville, Indian Territory, on or about the 12th day of June, 186G, and did

remain absent until apprehended at or near Fort Smith, Arkansas, on or

iiboiit the 3Uth day of June, 1H()6.


To the specification, Not Guilty,

hut guilty of "absence without leave."


FIXniNO.

Tlie Court having nuiturely considered the evidence adduced, finds the

aociised, Benjamin Hodge, Company K, 3d U. S. Cavalry, as follows:

Of the specification, Guilti/,

except tlie words "did desci't."

Of the cliai-ge, Not Guilt;/,

l)ut guilty of " ab ence without leave."

SIONTKNCK.

And the Court does therelbie .-cntence him. Private Benjamin Hodge,

Compuny E, IJd U. S. Cavalry, to forfeit ten (10) dollars per month of his

monthly pay for four (4) months and to be coritined at hard labor under

eliargoof a guard for two (2) months.

4th.—Morgan Finncau, I'rivate Company 1, liTth l'. S. Infantry, on

the following charge and s{)ecihcation :

CHARGI".— Condurt prejudicial to good order and military dii^cipline.

'Specijinition.—In this, tluit he, I'rivate Morgan Einncan, Company I,

:>"th U. 8. Infantry, did behave in a disorderly manner and make use of

violent and improper language towards Private John Jones, Company I, ■^'th r. S. Infantry, with the intention and purpose of provoking said

Jones to strike him, said Einnean, to wit: That while said Jones was at

(ûpper in the Company mess-room, said Private Einncan did go into the

Company kitchen and bring out a large butcher knife, endeavering to

eonceal it behind him, and then addressed said Jones thus: "Get up and

strike me; you are a white-livered (or Welch) son of a bitch," or worda

to that effect, and did continue to curse said Jones, calling him a Welch

son of a bitch, or words to that eflect, until said Jones had left the mess-

room. This all at Eort Leavenworth, Kansas, on or about the 23d day of Iêcember, 1866.


L4J To the specification, Not Guiltij. To the charge, AW Guiliy,

FINDING.

Tlie Court having maturely considered the evi(k»nce adduced, finds tlu' accused, Morgan Finncan, Company I, ,S7tli I'. S. luiantry, as follows: Of the specification, Guiltij,

except the words: "endeavoring to conceal it hehind him." Of the charge, X,,t Guiltij,

but guilty of a violation of the twenty-fourth Article of War. SENTKNOE.

And the Court does therefore sentence him, Morgan Finncan, Conipiinv I, 37th U. 8. Infantry, to be reprimanded by his company commander.

II The proceedings, findings, and .sentences in the cases of Priviitts William V. Thomas, Comj)any E, 2d Battalion, 17th U. S. Infantry, and Thomas Hansom, Company A, 3d V. S. Cavalry, are ai)})roved. Tin: sentences will be duly executed.

The proceedings, findings, and sentence in the case of Private Benja- min Hodge, Company E, 3d U. S. Cavalry, are approved. The Court having recommended the prisoner to the clemency of the Major General ('ommanding, the sentence is hereby remitted, and the prisoner will lie released from confinement and returned to duty.

The proceedings, findings, and sentence in the case of F'rivatc Morgan Finncan, are disapproved. Although the Court was re-convened to (direct its proceedings, and its attention called to the 24th Article of War, under which it now finds the prisoner guilty, it has entirely overlooked the punishment prescribed by it. This want of attention is considered quite inexcusable, and in consequence of it, the offender must go nnpun- ished. The prisoner will be released from confinement and returned to duty. Ill The General Court Martial, of which lirevet Brigadier General Fred. Myers, Major and Q. M. U. S. Army, is President, is hereby dissolved.

By command of Brevet Major General W^M. HOFFMAN:

W. G. MITCHELL, (Japfain and Acting AftxiManf Adjutant General.

OFFICIAL : y^ ^^ y^V->y f


G. C. ]M.

1. Bos Pierre, rrivate of Co, (», oth U. S. Infantry. 2. Josepli Jerrurd, Private Re^t. Kand, oth U. S. Infantry. 3. Josepli I'apoin, Private Kegt. Band, 5tli U. S. Infantry. 4. Antonio Large, Private Co. G, oth U. S. Infantry. .'). John McCrinness, Private Co. E, 8d U. S. Cavalry. t). Louis Baiinian, Private Co. E, .Sd IT. S. Cavalry.

IIKAIKJIAKTEUS DEPARTMENT OE THE MISSOURI, "1 Four LKAVKNWORTU, KANSAS, Ecl)rnary 4, 1807. /

UENEKAL ORDERS,! No. 18. J

t Before a General Court Martial which convened at Fort Stunner, New Mexico, January 3d, 1867, pursuant to Special Orders No. 98, para- j,'iaph I, Series 18t)H, from these Headquarters, and of which Brevet Lieut. Colonel .John V. DuRois, Captain .3d I'. S. Cavalry, is President, were arraigned and tried:—

1st.—Bos Pierre, Private of Company G, .")tli l'^. S. Infantry, on tin following charge and specification :

CHARGK—Desertion.

Specification.—In this, that he, Bos Pierre, a IVivate of Company (i, •)th Rcgt. U. S. Infantry, and a duly enlisted .soldier in the .service of the United States, did desert .said service. This at Fort Siunner, New Mex- ico, on or ahout the 4tli day of November, 1866.

To wliieli charge and specification the prisoner pleaded as follows :

To the specification, Guilty. To the cliarge, Guilty.

m:

V U'

[2] FINDINO.

The Court having maturely considered the evidence adduced, finds the prisoner, Bos Pierre, Private of Company G, oth U. S. Infantry, as follows :


SKNTENCE.

And the Court does therefore sentence him. Private Eos Pierre, Com- pany G, 5th U. S. Infantry, to he confined at hard labor, in charge of the guard, for the period of six (6) calendar months, to wear a ball attached to his left leg by a chain three (3) feet long for the same period, and to forfeit to the United States fourteen ($14.00) dollars of his monthly pay for the period of three (3) months.

2d.—Joseph Jerrard, Private Regimental Band, 5th U. S. Infantry, on the following charge and specification :

CHARGP:—Desertion.

Specification.—In this, that he, Pi'ivate Joseph Jerrard, Kegiinental Band, 5th U. S. Infantry, having duly enlisted in the service of the United States, did desert the same at Fort Sumner, New Mexico, on or about the 3d day of November, 1866, and did remain absent until apprehended and brought back on or about the 6th day of November, 1866.



FINDING.

The Court having maturely considered the evidence adduced, finds the prisoner, Joseph Jerrard, Private Regimental Band 5th U. S. Infantry, as follows:


SENTENCE.

And the Court does therefore sentence him. Private Jose])h Jerrard, Regimental Band 5th U. S. Infantry, to be confined at hard labor, in charge of the guard, for the period of six (6) calendar months, to wear a ball attached to his left leg by a chain three (3) feet long, for the same period, and to forfeit to the United States fourteen ($14.00) dollars of his monthly pay for three (3) months.

3d.—Joseph Papoin, Private Regimental Band 5th U. S. Infantry, on the following charge and specification :

[3] C H A RGE—Desert ion.

Specification.—In this, that he, Private Joi-eph Papoin, Eegimental

Band oth U. S. Infantry, liavinj;; duly enlisted in tlie service of the United

State?!, did desert the same at Fort Sunincr, New Mexico, on or ahout the

od day of Novemher, 18t)(), and did remain ahsent until apprehended and

l)i()uglit hack on or ahout the 6tl» day of Novemher, 186().

To which cliarf^e and specification the prisoner pleaded as follows:

To the specitication, Guiltu.

To the charge, Gvilty.

FINDINCi.


inisoiier, Joseph Papoin, Private Kegimental Jiand oth U. S. Infantry, as follows:

or the specification, Guilty.


SKNTKNCK.

And the Court does therefore sentence him, Joseph Papoin, Private

Kegimental Band otli U. 8. Infantry, to be confined at hard labor, in

charge of the guard, for the period of KIX ((J) calendar montlis, to wear a

lial! attached to his left leg by a chain three (3) feet long, for the 8ame

period, and t(i forfeit to the Ignited States fourteen ($14.00) dollars of his

monthly pay for the period of three (3) months.

4th.—Antonio Large, I'rivate of Company (r, oth U. S. Infantry, on

tlie following charge and specification:

Cii A R(iK—Dcsfrtion.

Specification.— In this, that he, Antonio Large, Private of Company G,

•>lh U. S. Infantry, and a duly enlisted soldier in the service of the United

i^tates, did desert said service. This at Fort Sunnier, New Mexico, on or

abont the 4th day of Novemher, 18(;<i.




FINDING.

The Court having maturely consideTed the evidence adduced, finds the

prisoner, Antonio Large, Private of Company G, 5th U. S. Infantry, as follows:



If )i

11

!#■

rV^ ,

SKNTKNC*:.

And tlie Court does tlierefore sentence him, Antonio Large, Private of Company Cr, utii U. H. Infantry, to be confined at iiard lai)or, in charge of the guard, for the period of six (6) calendar niontlis, to wear a ball attached to his left leg by a chain three (3) feet long, for the same period, and to forfeit to the United States fourteen ($14.00) dollars of his niontlilv pay for the period of three (3) months.

5th.—John McCiinness, Private Com[)any E, 3d U. S. Cavalry, on the following charge and specification :

CHAROK—Violation of the AyytJi Article of War.

Specification—In this, that he, John McGinness, Private Company P^, 3d U. S. Cavalry, being detailed from picket to look for a stray horse, did go to Chase's Eanche and there get so drunk as to be unable to ride propecjy or do any other duty. This at Chase's Kanche, New Mexico, on or about the 19th day of September, 1866.


To the specification, Guiltij. To the charge, (juiltij.

FJXDlNCi.

The Court having maturely considered the evidence adduced, finds tlie prisoner, John McGinness, Private Conipany E, 3d U. S. Cavalry, as follows:

Qf the specification, , Gmltij. Of the charge, Gnillij.

KKNTENCK.

And the Court does therefore sentence him. Private .John Mctiinness, Company E, 3d U. S. Cavalry, to be confined at hard labor, in charge of the guard, for the period of three months, to be turned over to his company commander for all drills and company duties during this period ot confinement.

.6th.—Louis Bauman, Private Coni{)any E, 3d U. S. Cavalry, on the fplioWiiig charge and specification :

CHARGE—Violation of the ioth Article of War.

Specification—In this, that he, Louis Bauman, Private Com])any K, 3d Eegt. U. S. Cavalry, being detailed from picket to look for a stray horse, did go to Chase's Ranche, and there got so drunk as to be unable to ride properly or to do other duty. This at Chase's Ranche, New Mex- ico, on or about the 19th day of September, 1866.

ifi:

LO To wiiic'h c'liarf>e iind spoi'ificatidn tlie prisoner jiloaderi as fcillows:

Tn the specification, Ginlft/.

To tiic ciiai-Kc, Guilty.

FINDING.

The Court iiaviiiii inatnrelv considcreii tiic evidence adduced, linds the

iirciised, l.ouis IJauinan, I'rivati' Conijianv K, .'Id l'. S. Cavalry, as fol-

lows:


Of the charfje, Guilty.

SI:N TKNCK.

And the Court does therefore sentence him, J'rivate Louis Eaunian,

Company E, -id V. 8. Cavalry, to he confined at lutrd labor, in charge of

the guard, for the period of three months, to he turned over to liis com-

pany cnnnnander for all drills and <'ompany duties during this period of

cnnfineinent.

II The proceedings and findings in the cases of Privates Bos Pierre,

Ciimpany (i, •')th V. S. Infantry, Antonio Large, Company (J, ^th V. S.

InTiuitry, Joseph I'a|ioin and Joseph Jerrard, Kegimeutal I?and oth V.

S. Infantry, are a])proved, and the sentences confirmed, exce)>t so much

as relates to wearing a "hall and chain," which ))eiug in violation of (ien-

eral Orders No. 1>"), War I)ei)artment, Decemher H»th, IWtJ, is remitted.

The prisoners having heen recommended to the clemency of the Com-

mander of the Depart meut hy the memhers of the Court, on the ground

of their not understanding the English language, or the obligation of the

oath of enlistment, the Hrevet Major General Commanding is i)leased to

remit one-half the period of confinement and one-lialf the .stoppage of pay,

in each of these case-; though he is not satisfied that to accept such an

excuse for the offence of de.sertion, is a good j)recedent. The remainder of the sentences will he duly executed.

The proceedings in the cases of Privates John McCJinness, Company E,

•M L. S. Cavalry, and Louis lianman. Company E, 'Ad V. 8. Cavalry, are

disapproved. The sentences are not in conformity with the 45th Article

of War, which limits the punishment for "drunkenness on duty," to

'corporeal punishment." The confinement must be incidental to the

corporeal punishment, and not i)art of the .sentence, a.s hard labor, carry-

"ig a loaded knapsack, Ac, &v., the prisoner being necessarily in charge

"' a guard during the execution of the sentence. The prisoners will iiccordingly be released from confinement and returned to duty.

[6] HI The (Jeneral Court Martial of wliich Ilrovet Lieut. Colonel John V. DuBois, Captain o<l V. S. Cavalry, is President, is hereby dissolved.

Ey command of IJrevet ^[ajor (reneral WM. HOFFMAN : C1[AUX( EY ArcKEEVKK,

As.ilfitaiit Adjutaitt (reneral.

OFFICIAL :

Avtlncj A!<!<i.<taiit AJJiitiint (ienend.

G. C. M. Peter Joachim, Private, Light Battery ''C," 3d U. S. Artillery.

HEADQUAETEKS DEPARTMENT OF THE MISSOUEL FORT LEAVENWOBTH, KANSAS, February 14th, 1867,

GENE UAL ORDERS, ) NO. 21. i

I Before a (jeiicral Court Harilul, c<«ii\eu('u ai -leiier- 8on Barracks, Missouri, Noveiub;ir 5th, 1666, pursuant to Spe- cial Orders, No. 55, Parag^raph 111, Series, iaOG, Iroiii these Headquarters, and wliich reconvened pui-suant loSpeeial Or- ders No. «9, Paragraph X, Scries 1866, IVoiu these Headquar- ters, and of which Brevet Brigailier General P. MORRISON,

Colonel U. S. Army, is President, was arraigned and tried:

Pet»r Joachim, Private of J^ight Battery -'C," 8d U. S. Ar- tillery, oil the following charge and specitication:

CJIAROK—''JJiserlion."

Specification.—"In this; that lie, Peter Joic'iim, Vr'waie of Light Battery "U," 3d L'. S. Artillery, a duly enlisted soldier in the service of the United ^ tates, did absent hiiiiseh iroin, and desert the same at Jeflersou Barracks, Missouri, on or about the 15th day of November, Isiitt, and did remain absent till apprehended, on or about the iJth day of November, i»66, at East Saint Louis, Illinois. Thirty dollars reward paid lor his apprehension."


To the Specitication, To the Charge,

"Not Ouilty." "Not Gtdtty."

FINDING :

The Court having maturely considered the evidence adduced, find the prisoner, Private Peter Joachim, Light Battery

If!

L-' , '

%

[2] ''C," 3d U. S. Artillery, a^ follows

Of the Specification, Of the Charge,

" Guilty." "Guilty."

SiaSTEMGE :

Aud the Court does therefore sentence him, Private Ptt^ Joachim, Light Battery "C," 34 U. Ss, AHiilery, to forfeit teu (10) dollars per moath of his montldy pay for six months, and to be confined at hard labor for the same pei-iod, at such place as the Commanding General of the Department may direct,

11 The proceedings, findings, aud sentence in the case of Private Peter Joachim, Light Battery "C," 3dU. S. Artillery, are approved. The Guard House at JeflTerson Barracks, Mis- so«rij is designated as the place of confinement, and the sentence will be duly ox<3outGd there.

Ill The General Court Martial of which Brevet Brig- adier General P. MOBKIBON, Colonel U S. Army, is Presi- dent, is hereby dissolved. By Command of MAJOR GEJSKBAL. HANCOCK :

CHAUNCEY McKEEVEU, Assi.Htant Adjutant General.

OFFICIAL :

Acting Amstant Aftjutaiit General.

u

I {}. C. M.

1. James O'liricn, J'rivatc, Compauy ''E," 3d U. S. Infantry, 2. Michael Mullen, Private, Troop 'B,' 7th U. IS. Cavalry.

HEADQUARTEES DEPARTMENT OF THE MISSOUEI. FoKT LKAVENVVOKTH, KANSAS, February 14th, 1867.

GENERAL ORDERS, NO. 22.

I..... Before a (leneral Court JMartial, which fonveiied at Fort Lyon, Colorado Tcrrilory, December 27th, 1866, pur* siiaiii to Special Orders. No. 92, rara<,n-apli 1, Series 1866, Iroiii these Headquarter^;, and of which Captain W. P, lloBESON, 7tli U. S. Caviilry, is I'resident, were arraigned and tried :

1st.—James O'Brien^ Private, Company '*E," 3d U. S. Inr fautry, on the folIovviny\charge and specilication :

CHAKOK—^'J)escrUun." Specification.—"In this ; that he, Private JMz/tfs O'Brieii, Com-

pany "E," 3d U. S. Infantry, a duly enlisted soldier in the fiwvice of the United States, did on or about the 18th day of Scpteinbei', 1866, absent himself froui and desert said service, aud (lid remain absent until apprehended (in eiti7,ens clothes) on or about the 20th day of September, 1866. This at Camp near Junction City, Kansas."

To which cluii-jre and s])ecilica(ion the accused i)lcaded as follows;

To the Specilication^ "Xot (Miiilti/."' To the Cliar^'-e, -"Ao/ (MIIIU)/."

FINDINC;. The Court having maturely considered the evidence addu-

•ced, liuds the accused. Private James (/Brien, Company "E," '5d U S. Infantry, as lollovvs :

Of the Specification, ""GaiZ/t/." OftheChar;^v, "Guill'y.''

SKNTEKCll- Aud the Court does therefore sentence bin), Private Jamett

O'Brien, Company "i:," 3d U. S. Infantry, to be confined for six Calendar mondis, to forfeit all pay and allo\vances which <'ue now or may become due him, u:!til the expiration of that period, excc[)t the just dues of the laundress and sutler, and tim\ to be disJionorably discharj^fed the service.

[2]

1l|lif f

\" i

2.—Michael MuUen, Private, Trooi) "B/' 7th U. S. Caval- ry, on the following- cliarg^e and specification :

CHARGE.—''Desertion.'' Specification.—''In this; that he, Michael Mullen, Private,

Troop *'B/' 7th U. S. Cavalry, haviiij'" been duly enlisted in tiie service of the United states, did absent himself and desert the same on or about the ;50tli day of November 1866, and remain absent nntil arrested, on or about.the 1st day of Decem- ber, 1866, some ten (10) miles from Fort Lyon, Colorado Ter- ritory, (where his troop was st itioncd,) concealed in a train returning to Fort Leaveinvorth, Kansas, by an armed party of Cavalry, sent in pursuit. This at Fort l^yon, Colorado Territory, on or about the ;30th day of November, 1866."

To which charge and spccitication the accused pleaded as follows:

To tlic ISpccification, "Not ijuiUy." To tiie Charge, "■Not Guilty."

riNDIXG : The Court baring maturely considered the evidence ad-

duced, linds the accused, Private .Utr/ja?/ Mullen, Troop "15," 7th U. S. Cavalry, as follows:

Of the Specification, "Guilty." Of the Charge, •' Giiilty."

SENTENCE: And the Court does therefore sentence him. Private Mi-

chael Mullen, Troop "B," 7th U. S. Cavalry, to be confined for six Calendar months, and to forfeit all pay and allowances, (except the just dues of the laundress and sutler,) for the same period.

II The proceedings, tindlngs, and sentences in the foregoing cases of Privates Jam^s O'Brien, Company "^'E," 3d U. S. Infantry, and Michael Mullen, Company "B," 7th U. S. Cavalry, are approved. The sentences will be duly executed.

Ill The General Court Martial, of which Captain W. P. RoBESON, 7th l^ S. Cavalry, is President, is hereby dissolved.

By Command of MA.TOR GENERAL HANCOCK:

CHAUNCEY McKEEVER, Asgistant Adjutant Gtneral.

OFFICIAL:

Acting Attittant Adjutant General.

»ii

Il«

O. C. M

1. .liiiiR's F. Wilson, l*rivate ('()iii})aiiy I), 8<1 U. 8. Cavalry. 2. Daniel J. Sheelian, Private Company I), ',kl U. 8. Cavalry, ;>. Michael Sullivan, I'rivate Company J), 8(1 U. S. Cavalry. 4 Henry E. Fi.-^her, Private Company I), 'Ad U. fS. Cavalry. •"). Alfred H. Smith, Private (,'ompany D, Hd U. S. Cavalry. t). Patrick Meelian, Private Company C, oth U. S. Infantry. 7. .lame.-! Stevens, Musician ('omi)any C, 5th L'. S. Infantry. S. Michael Leonard, Private Comjjany C, oth U. S. Infantry. !t. Peter (iaynor, Private Comjjany C, 3d U. S. Cavalry.

111. John J. Lewis, Private Company I), M U. S. Cavalry. 11. James Dowd, Private ('ompany C, oth U. S. Infantry, \'l. John Kelly, Artificer Company C, '5th V. S. Infantry. K5. JiunesTrainor, ('orporal Com])any C, ')th V. S. Infantry. 14. Ernest Snydcr, Private Comj)any I, 5th I'. S. Infantry. 1'). Frederick Mather, Private Company P, .S'd \J. S. Cavalry. It). IIu<jh Burke, Private Company A, lid V. S. Cavalry. 17. Max Kirker, Private Company .\, -Ul V. S. Cavalry.

HEADQUAKTEKS DEPARTMENT OF THE MISSOURI, ) FORT LE.VVENWOKTH, KAX.'^AS, February 18, 1867. /

GENERAL ORDERS, 1 No. 24. J

^ Before a General Court Martial, which convened at Fort Marcy, •N'ew Mexico, January 7th, 1867, pursuant to Special Orders, Number 93, Paragraph 2, Series 1866, from these Headtjuarters, and of which Brevet Colonel Henry C. Bankhead, Captain 5t1i U. S. Infantry, is President, «ere arraigned and tried :

■ '>^ .^,4! •

|!.d '« '\-

[2] 1st.—James F. Wilson, Private Company D, 3d U. S. Cavalry, on the


CHARGE 1st—Absence without leave.

Specification.—In this, that lie, James F. Wilson, a Private of D Com- pany, 3d Kegiment of Cavalry, did absent himself from " Water," " Stable" and " Drill" Calls of company, and did remain absent until arrested in the town of Santa Fe, New Mexico, by 1st Sergeant Louis Plaiss, Company D, 3d U. S. Cavalry, he, said James F. Wils(m, Private of Company and Eegiment aforesaid, being at the time a Sergeant of Company D, 3d U. S. Cavalry. This at Fort Marcy, Santa Fe, New Mexico, on or about the 5th day of October, 1866. CHARGE 2d—Conduct to the prejudice of good order and military dixciplint-.

Specification.—In this, that he, James F. Wilson, Private Company I), 3d Regiment U. S. Cavalry, did, while under arrest, escape from the guard placed over him, and go into the town of Santa Fe, New Mexico, and did remain absent until arrested, in citizen's clothing, by Sergeant Major James Mahedy, 8d Regiment F. S. Cavalry. This at Fort Marcy, New Mexico, on or about the 5th day of October, 1866.

CHARGE 3d—Desertion.

Specification.—In this, that he. Private James F. Wilson, Company I), 3d Regiment U. S. Cavalry, while in confinement in the guard-lionse ai Fort Marcy, New Mexico, did desert the service of the Ignited States, l)y breaking out of the guard-house aforesaid, on or about the morning of the twenty-fourth day of October, 1866, and did remain absent until about the thirty-first day of October, 1866, when he, said Private James F. Wil- son, voluntarily surrendered himself. This at Fort Marcy, Santa Fe. New Mexico, on or about the 2-lth day of October, 1866.


To the specification of the 1st charge, Guiltii- To the Ist charge, Guilty. To the specification of the 2d charge, Guiltji. To the 2d charge, Guiltti. To the specification of the 3d charge, Guilty.

except the words "did desert the service of the Fnited States." To the 3d charge, Not GuiHn-

FINDING.

The Court having maturely considered the evidence adduced, finds the accused. Private James F. Wilson, Company D, 3d U. S. Cavalry, «f^ follows: Of the specification of the 1st charge, confirms his plea, and nnd>

him , G^i-^^'y- Of the 1st charge, confirms his plea and finds him Gnuty-

[3] Of the specification of the *J<1 charge, contimis his plea and finds

him Guilty. Of the 2d charge, confirms his j)lea and finds liini Guilty. Of the specification of the 'M ciiarge, Guilty. Of the 3d charge, Guilty.

SENTENCE.

And the Conrt does tlierefore sen;enct> liini, Private James F. Wilson, Company D, 3d U. S. Cavalry, to make good the time lost hy desertion. to forfeit to the United States all pay and allowances due him at the time of desertion, except the just dues of the laundress and sutler, and to be confined at hard labor, in charge of the guard, for the period of six (6) months, to forfeit to the United States ten (10) dollars per month of his monthly pay for the same ]>eriod.

2d.—Daniel J. Slieehan, Private Comj)any I), 3d U. S. Cavalry, on the following charges and specifications :

CHARCJE Ixt—(oriducf prejudicial to good order and military diicipliue. Specification.—In this, that he, Private Daniel J. Sheehan, Company

D, 3d U. S. Cavalry, did go into the town of Santa Fe, New Mexico, and while in a state of intoxication, enter the store of T. II. Hopkins, Post Sutler, and did use violent and threatening language to said T. H. Hop- kins, and did break and injure part of the furniture of the above named store. This at Santa Fe, New Mexico, on or about the 7lh day of Octo- ber, 1866.

CHARGE 2d—Desertion. Specification.—In this, that he, Private Daniel J. Sheehan, Company I),

•M U. S. Cavalry, while in confinement in the guard-house at Fort Mar- ly. New Mexico, (the station of his company,) did desert the service of the United States, by breaking out of said guard-house, on or about the 21th day of October, 1866, and did remain absent until about the 31.st day of October, 1866, when he, said Private Daniel J. Sheehan, voluntarily surrendered hiniself. This at Santa Fe, New Mexico, on or about the 21th day of October, 1866.

To which charges and specifications the accu.sed pleaded as follows: To the specification of the 1st charge, Guilty. To the 1st charge, Guilty. To the specification of the 2d charge, Guilty,

except the words "desert the service of the United States." To the 2d charge, Not Guilty.

FINI)IN(i.

The Court having maturely considered the evidence adduced, finds the accused, Private Daniel J. Sheehan, Company D, 3d U. S. Cavalry, as follows:

t /'

ift

[■t] Of the specification of tlie 1st cliarf^e, confirms liis i)k'a, and finds

him Guilty.

Of the 1st charge, confirms his plea, and finds him Guilty,


Of the 2d charge,. Guilty.

SP:NTENCE.

And the Court does therefore sentence him. Private Daniel J. Sliee-

han. Company D, 3d U. S. Cavalry, to make good tiie time lost by

desertion, to forfeit to the United States all pay and allowances due

him at the time of desertion, except the just dues of the laundress and sutler, and to be confined at hard labor, in charge of the guard, for the

period of six (6) months, forfeiting to the United States twelve (12) dol-

lars per month of his monthly pay for the same period.

3d.—Michael Sullivan, Private Company I), 3d U. S. Cavalry, on the


CHARGE 1st—Absence u'ithout leave.

Specification.—In this, that he, Private Michael Sullivan, (,'ompany D,

3d U. S. Cavalry, did absent himself witliont proper authority, from

" Keveille," "Water," "Stable," and "Drill" Calls of his company, on

or about the 5th day of October, 186(5, and did remain absent until ar-

rested in the town of »Santa Fe, New Mexico, by 1st Sergeant I^onis Plaiss,

Company D, 3d Regiment U. S. Cavalry, he, the said Private Michael

Sullivan, being at the time a Corporal of Company D, 3d U. S. Cavalry.

This at Santa Fe, New Mexico, on or about the otli day of October, lS6(i.

CHAR(;E 2d—Desertion.

Specification.—In this, that he, Private Michael Sullivan, Company P,

3d U. S. Cavalry, while in confinement in the guard-house at Fort Maicy,

New Mexico, did desert the service of the United States, by breaking

out of said guard-house, on or about the morning of the twenty-fourth

day of October, 1866, and did remain absent until about the thirty-tirst

day of October, 1866, when he, said Private Michael Sullivan, volunta-

rily surrendered himself. This at Fort Marcy, Santa Fe, New Mexico,

on or about the 24th day of October, 1866. To which charges and specifications the accu.sed pleaded as follows:

To the specification of the Ist charge, Guilty.


To the specification of the 2d charge, Guilty,

except the words "did desert the service of the United States.'

To the 2d charge, ^'ot Guilty-

FINDING. The Court having maturely considered the evidence adduced, finds the

accused, Private Michael Sullivan, Company D, 3d U. S. Cavalry, iii*

follows:

[5] Of the specitic'iitioii of tlie 1st oliarge, confirms his pica ami finds

him Guilty. Of tiie 1st charge, confirms his plea and finds him Guilty.



8KNTf:NCE.

And the Court does therefore sentence him. Private Michael Sullivan,

('onipany T>, 3d U. S. Cavalry, to make good the time lost hy desertion,

to forfeit to the United States all pay and allowances due him at the time

of desertion, except the just dues of the laundress and the sutler, and to

be confined at hard lahor, in charge of the guard, for the period of six (6)

months, forfeiting to the United States ten (10) dollars per month of his

monthly pay for the same period.

4th.—Henry E. Fi.sher, Private Company D, 8d V. S. Cavalry, on the


CuAKfiK 1st—Abneuce without leave.

Speeijication.—In this, that he, Henry E. Fisher, Private Com{)any D,

;i(lU. S. Cavalry, did absent himself from "Water," "Stable," " Re-

treat," and " Tattoo " Koll Calls of his company, withf^tit proper per-

mission. This at Fort Marcy, New Mexico, on or about the Gth day of Octo))er, ISdC).

Cii.\K(;E 2d—Desertion.

Speeijication.—In this, that he, Henry E. Fisher, Private Company D,

M U. S. Cavalry, while in confinement in the guard-house at Fort Mar-

cy, New Mexico, (the station of his company,) did desert the .service of

the ['nited States, by breaking out of said guard-house, cm or about the

iiioiiiing of the 24th day of October, ISO*), and did remain absent until

about the 31st day of October, IStifl, when he voluntarily surrenderi'd himself.


T(i the specification of the 1st charge, Guilty.

T(i the 1st charge, Guilty.

T(i the specification of the 2d charge, Guilty,

except the words "did desert the service of the United State.s."


FINDINC;.


acTusod, Private Henry E. Fisher, Company D, 3d U. S. Cavalry, as follows:

"f the specification of the 1st charge, confirms his plea, and finds ''•m Guilty.

'^f the 1st charge, confirms his plea, and finds him Guilty.

k I

[6] Of the specification of the 2d charge, Ouilty. Of the 2(1 charge, Guilty.

SENTKNCE.

And the Court does therefore sentence him, Private Henry E. Fisher, Company D, 3d U. S. Cavalry, to make good the time lost by desertion, to forfeit to the United States all pay and allowances due him at the time of desertion, except the just dues of the laundress and sutler, and to be confined at hard labor, in charge of the guard, for the period of six (6) months, forfeiting to the United States ten (10) dollars per month of his monthly pay for the same period.

.5th.—Alfred B. Smith, Private Company D. 3d V. S. Cavalry, on the following charges and specifications :

CHARGE 1st—Conduct prejudicial to good order and military discipline.

Specification.—In this, that he, Private Alfred B. Smith, Comjjany D, 8d Regiment U. S. Cavalry, did absent himself from his company and post, and did go into the town of Santa Fe, New Mexico, after " Taps, " on or about the night of the seventeenth day of October, 1866, withoui proper permission, in direct violation of Post Orders, No. 7, dated Head- quarters Post of Fort Marcy, Fort Marcy, New Mexico, September 30th, 1866, he, said Private Alfred B. Smith, being at the time a Corporal oi D Company, 3d Regiment U. S. Cavalry.


Specification.—In this, that he, Private Alfred B. Smith, Company D, 3d Regiment U. S. Cavalry,while in confinement in the guard-house at Fort Marcy, New Mexico, (the station of his company,) did desert the service of the United States, by breaking out of the guard-house aforesaid, on or about the morning of the twenty-fourth day of October, 1866, and did remain absent until about the thirty-first day of October, 1866, when he voluntarily surrendered himself.


To the specification of the 1st charge, Not Guilty. To the 1st charge, Not Guilty. To the specification of the 2d charge, Guilty.

except the words "did desert the service of the United States." To the 2d charge, Not Guilty.

FINDING.

The Court having maturely considered the evidence adduced, finds the accused. Private Alfred B. Smith, Company D, 3d U. S. Cavalry, as follows: Of the specification of the Ist charge, Not Guilty. Of the 1st charge, ^ot Guilty.

[7] Of the specification of the 2d charge, Ouilty. Of the 2d charge, Ouilty.

SENTENCE.

And the Court does tlierefore sentence him, Private Alfred B. Smith, Company D, 3d U. S. Cavalry, to make good the time lost by desertion, to forfeit to the United States all pay and allowances due him at the time of his desertion, except the just dues of the laundress and sutler, and to be

I I tontined at hard labor, in charge of the guard, for the period of five (5j months, forfeiting to the United States ten (10) dollars per month of his monthly pay for the same period.

6th.—Patrick Meehan, Private Company C, otli U. S. Infantry, on the following charge and specification:

CHARGE.—Desertion.

Speeijicadon.—In this, that he. Private Patrick Meehan, Company C, ■Jth Infantry, U. S. A., having been duly enlisted into the service of the United States, did desert tjie same. This at or near Fort Wingate, New- Mexico, on or about the 12th day of December, 1866.

To which diargc and specification the accused pleaded as follows: To the specification, Not Guilty. To the charge, Nut Guilty.

FINDING.

The Court having maturely considered the evidence adduced, finds the accused, Private Patrick Meehan, Company C, 5th U. S. Infantry, as follows: Of the specification, Guilty. Of the charge Guilty.

SENTENCE.

And the Court does therefore sentence him. Private Patrick Meehan, Company C, 5th U. S. Infantry, to make good the time lost by desertion, lo forfeit to the United States all pay and allowances due him at the time "f desertion, excej)! the just dues of the laundress and sutler, and to be • onlined at hard labor, in charge of the guard, for the period of five (5) months, forfeiting to the United States ten (10) dollars i)er month of his montiily pay for the same period.

"th.—James Stevens, Musician Company C, 5th Infantry U. S. Army, <in the following charges and specifications :


Specitication.—In this, that he, Musician James Stevens, Company C, ■1th Infantry U. S. Army, having been duly enlisted into the service of the United States, did desert the same. This at or near Fort Wingate. -^'ew Mexico, on or about the 12th day of December, 1866.

[8] CHARGE 2d—StealUiy public property.

Specification.—In this, that he, Musician Janies Stevens, Company C 5th Infantry I^. S. Army, a deserter from tlie service of the United States did feloniously take from the Post of Fort Winarate, New Mexico, a Mu- sician's sword, the property of the United States. This at or near Fort Wingate, New Mexico, and on or about the 12th day of December, lS6fi.


To the specification of the 1st charge, Not Guilty. To the 1st charge, Not Guilty. To the specification of the 2d charge, Guilty. To the 2d charge, Guilty.

FINDING.

The Court having maturely considered the evidence adduced, finds tlu' accused. Musician James Stevens, Company C, 5th U. S. Infantry, as follows: Of the specification of the 1st charge, Guilty. Of the 1st charge, Guilty. Of the specificatio)! of the 2d charge, confirms his plea, and finds

him Guilty. Of the 2d charge, confirms his i)lea, and finds him Guilty.

SENTENCK.

And the Court does tlierefore s-entence him. Musician James Slovens, Company C, 5th U. S. Infantry, to make good the time lost by desertion, to forfeit to the United States all pay and allowances due him at the time of desertion, except the just dues of the laundress and the sutler, and to be confined at hard labor, in ciiarge of the guard, for the period of tive (5) months, forfeiting to the United States ten (10) d(dlars per month of his monthly pay for the same period.

8th.—Michael Leonard, Private Company C, 5th U. S. Infantry, on the following charges and specifications :

CHARGE 1st—Dessert ion.

Specification.—In this, that he. Private Michael Leonard, Company (', 5th Infantry U. S. Army, having been duly enlisted as a soldier in the service of the United States, did desert the same. This at or near Fort

Wingate, New Mexico, on or about the 12th day of December, 1860.

CHARGE 2d—Stealing public property.

Specification.—In this, that he. Private Michael Leonard, Company C, 5th Infantry U. S. Army, a deserter from the service of the United States. did feloniously take from the Post of Fort Wingate, New Mexico, a musket, the property of the United States. This at or near Fort 'Win- gate, New Mexico, on or about the 12th day of December, 1800.

M

[9] CHARGE 'M—Enticimj Holdiern to denert the service of the United States. Specification.—In this, tliat he, Private Miciiael Leonard, Company C,

otli Infantry U. S. Army, did entice Musician James Stevens and Pat- rick Meelian, of Company C, oth Infantry U. S. Army, to desert the service of the United States, stating, among other things, that he (Leon- ard) "knew the road to Texas, and that they could find work tliere." This at or near Fort Wingate, New Mexico, on or about tlie 2d day of December, 1866, and on or about the J2th day of December, 1860.

To which cliarges and specifications the accused pleaded as follows :

To the specification of the 1st charge, Not Guilty. To the 1st charge, Not Guilty. To the specification of the 2d charge, Not Guilty. To the 2d charge, >. Not Guilty. To the specification of the lid charge, Not Guilty. To the Zd charge, Not Guilty.

viainnG.

The Court having maturely considered the evidence adduced, finds tlie acfiised, Private Michael I^eonard, Company C, oth 1'. S. Infantry, as I'ollows:

Of the specification of the 1st charge, Guilty. Of the 1st charge, Guilty. Of the specification of the 2d cliarge, Guilty. Of the 2d charge, Guilty. Of the specification of the 3d cliarge, Not Guilty. Of the 3d charge Not Guilty.

SKNTKN'CE.

And the Court does therefore sentence him. Private Michael Leonard, Company C, oth U. S. Infantry, to make gocxl the time lost by desertion, to forfeit to the United States all pay and allowances due him at the time of desertion, except the just dues of the laundress and the sutler; and to he confined at hard labor, under charge of the guard, for the perio<l of tive (.j) months, forfeiting to the United States ten (10) dollars per month of his monthly pay for the same period.

!Hh.—Peter Gaynor, Private Company C, 3d U. S. C'avalry, on the following charge and specification:

CHARGE—Conduct to the prejudice of good order and military discipline.

Specification.—In this, that he. Private Peter Craynor, Company C, 3d U. S. Cavalry, a prisoner in charge of the guard, did strike and kick Cor- pwal James Trainor, of Company C, 5th Infantry, U. S. Army, knocking nim senseless and cutting him seriously. This at Fort Wingate, New ■'^lexico, on or about the 24th day of December, 1866.

B

i^i

[10]


To the specification, Not Guilty. To the charge, Not GnUty.

FINDING.

The Court having maturely considered the evidence adduced, finds tlu' accused, Private Peter Gaynor, Company C, 3d U. S. Cavalry, as follows:

Of the specification, Not Guilty. Of the charge, Not Guilty.

And the Court does therefore acquit him, said Private Peter Gaynor, Company C, 8d U. S. Cavalry.

10th.—John J. Lewis, Private Company D, 3d U. S. Cavalry, on tin- following charges and specifications : CHARGE 1st—Violation of the 2'M section of the Act of Congress, approved

March 3d, 1863,/or enrolling, and culling out the national forces and for other purposes.

Specijication.-—In this, that he. Private John J. Lewis, Company 1), Htl U. S. Cavalry, did sell, barter, exchange or pledge clothing, furnished liy the United States to Private James Stanton, (Company D, 3d U. S. Cav- alry. This at Santa Fe, New Mexico, on or about the 2oth day of De- cember, 1866,

CHARGE 2d—Conduct prejudicial to good order and military discipline.

Specification.—In this, that he. Private John J. Lewis, Company D, 8(1 U. S. Cavalry, did, on or about the night of the 25th of December, 1866, steal from the company quarters at Fort Marcy, New Mexico, a lot ot clothing belonging to Private James Stanton, of the same company, luul which had been issued to him (Stanton) as a part of his military equipment, and he, the said Lewis, did sell, barter, and pawn the said clothing in the town of Santa Fe, New Mexico, on or about the 25th of December, 1866, and did appropriate the proceeds of said sale, barter or pawn, to his own use.

To ■which charges and specifications the accused pleaded as follows:

To the specification of the 1st charge, Not Gmlly. To the 1st charge, Not Guilty. To the specification of the 2d charge, Not Guiltij. To the 2d charge, Not GuilUj.

FINDING.

The Court having maturely considered the evidence adduced, finds tlu' accused, Private John J. Lewis, Company D, 3d U. S. Cavalry, as follows:

»l

[11] of the specification of the 1st charge, OuilUj. Of the 1st charge, Guilty. Of the specification of the 2d charge, Not Guilty. Of the 2d charge, Not Guilty.

SENTENCE.

And the Court doe« therefore sentence him, Private John J. Lewis, Company D, 3d U. S. Cavalry, to he kept in solitary confinement, on bread and water, for fourteen (14) days, and in addition, to be confined at hard labor, in charge of the guard, for two (2) months; forfeiting to the United States eight (8) dollars per month of his monthly pay, for the same period.

11th.—James Dowd, Private Company C, oth U. S. Infantry, on the fdllowing charge and specification:

CHARGE—Conduct prejudicial to good order and military discipline.

Specification.—In this, that he. Private James Dowd, Company C, otli r. S. Infantry, did, without provocation, strike Corporal James Trainor, (if Company C, 5th Infantry, U. S. Army, did threaten to kill the said Corporal James Trainor, and did take a nnisket from his (juarters, as he stated, for that i)urpose. This at Fort W'ingate, New Mexico, on or about the 24th of December, 1866.


To the specification, Not Guilty. To the charge, Not Guilty.

FINDINfl.

The Court having maturely considered the evidence adduced, finds the accused, Private James Dowd, Company C, 5th U. S. Infantry, as follows;


And the Court does therefore acquit him. Private James Dowd, Com- pany C, 5th U. S. Infantry.

12th.—John Kelly, Artificer, Company C, 5th U. S. Infantry, on the following charge and specification:


Specification.—In this, that he, Artificer John Kelly, Company C, 5th Infantry, U. S. Army, did, without any provocation, go behind Corporal James Trainor, of Company C, 5th U. S. Infantry, as the latter was stoop- ing to get something from under his bunk, and did kick the said Corpo- ral Trainor in the chest, and threaten to kill the said Corporal Trainor,

r L 'iPr

[12]

of Company C, 5th Infantry, U. S. Army. This at Fort Wingate, New Mexico, on or ahout the 27th day of December, 1866.

To whicli charge and spocilication the accused pleaded as follows:

To the specification, Not Ouilhj. To the charge, Not Guilty.

FINDING.

The Court having maturely considered the evidence adduced, finds tlie accused, Artificer John Kelly, Company C, 5th U. S. Infantry, as follows:


SENTKNCE.

And the Court does therefore sentence him, Artificer John Kelly, Com- pany C, 5tli U. S. Infantry, to be confined at hard labor, under charge (if the guard, for the period of three (8) montlis, and to forieit to the United States ten (10) dollars per month of his monthly i)ay for the same period.

13th.—James Trainor, Corporal Company C, 5th U. S. Infantry, on the following charge and specification :

CiiABOE—Atimult with intent to kill.

Specification.—In this, that he, James Trainor, Corporal Company C, 5th U. S. Infantry, did twice shoot with a pocket revolving pistol, Pri- vate Jeremiah Scannell of Company C, 5th Infantry, U. S. Army, inflicting upon the said Scannell two dangerous wounds, one of which was capable of causing death. This at Fort Wingate, New Mexico, on or about the 24th day of December, 1866.


To the specification, Guilty. To the charge, Guilty,

except the words: "with intent to kill."

FINDING.

The Court having maturely considered the evidence adduced, finds the accused, Corporal James Trainor, Company C, 5th I'. S. Infantry, as follows:

Of the specification, confirm his plea and finds him Guilty. Of the charge, confirm his plea and finds him Guilty,

of conduct to the prejudice of good order and military discipline.

SENTENCE.

And the Court does therefore sentence him, Corporal James Trainor, Company C, 5th U. S. Infantry, to be reduced to the ranks as a private

• I

M

[13]

sentinel, to be kept in solitary continenient, on bread and water, for four-

teen (14) days, and in addition to be confined at hard labor, in charge of

the guard, for six (6) months, forfeiting to the United States thirteen (13)

dollars per month of his monthly pay for the same period.

14th.—Erne.st Snyder, Private (.'onipany I, ')tli I'. S. Infantry, on the

following charge and specifications:

CHARGE—Conduct prejtuUcidl to good order and )iiUll<try discipline.

Specijication 1st.—In this, that he, Ernest Snyder, Private Company I,

■itli U. S. Infantry, having been detailed and in charge of the Post Bake-

house at Fort Union, Xew Mexico, did, in violation of the orders of the

Post Treasurer and Superintendent of the Bakehouse, .sell bread, being

savings of flour accruing to Bakehouse, without his knowledge or author-

ity, and did fail to render any account of said sales. This at Fort I^nion,

Xew Mexico, on or about the 7th and 8th days of November, 1866.

Specijication 2d.—In this, that he. Private Ernest Snyder, ("omi)any I,

")th U. S. Infantry, being detailed and on duty in charge of the Post Bake-

lioiise at Fort I'nion, New Mexico, did draw from the C't)nimissary De-

jiurtnient, eight hundred and sixty-six pounds of flour, being savings

accruing to the Bakehouse for the month of Sej)tember, 1866, and did in

a fraudulent manner dispose of said flour, and failed to account to the

Post Treasurer and Superintendent of Bakehouse for the same. All this

at Fort Union, New Mexico, on or about the 1st to 10th days of October.

1866, inclusive.

Specification '6d.— In this, that he. Private Ernest Snyder, Company I,

•)th U. S. Infantry, being detailed and on duty in charge of the Post Bake-

house at Fort Union, New Mexico, did .sell bread, being savings of flour

accruing to the Bakehouse, and failed to turn over the amount received

to the Superintendent of the Post Bakehouse, or to account to him for the

same, but converted the proceeds to his own use. All this at Fort Ihiion,

New Mexico, on or about the 7th and 8th days of November, 1866.

To which charge and specifications the accused j>leade(l as follows:

Til the 1st specification Not Guilty.

To the 2d specification Not Ouilty.

To the 3d specification Not Guilty.

• Totheeharge, Not Guilty.

KiNjnx(;.

The Court having maturely considered the evidence adduced, finds the accused. Private Ernest Snyder, Company I, oth U. S. Infantry, as follows :

Wthe 1st specification, Not Ouilty.

r L >'*

',.

V.' '■'

[ ^4 ] Of the 2d specification, Guilty^

except the words: "in a fraudulent manner dispose of said flour and " but attach no criminality thereto.

Of the M specification, Not Guilty. Of the charge, Not Guilty.

And the Court docs therefore ac(piit him. Private Ernest Snyder, Com- pany I, 5th U. S. Infantry.

15th.—Frederick Mather, Private Company B, 3d IT. 8. Cavalry, on the following charge and specification:

CH ARG E—Desertion.

Specification.—In this, that he. Private Frederick Mather, Company B, 3d U. S. Cavalry, did, on the 3d day of November, 186G, desert his company at Fort Craig, New Mexico, and did not return until apprehended on or about the 6th day of November, 1866, at Fort Seldon, New Mexico.

To which charge and specification tlic accused pleaded as follows :


KINDIXC.

The Court having nuiturcly considered the evidence adduced, finds the accused, Private Frederick Mather, Com]>any K, 3d U. S. Cavalry, as follows:

Of the specification, confirm his plea and finds liim Guilty. Of the charge, confirm his plea and finds him Guilty.

SEXTENCK.

And the Court does therefore sentence him, I'rivate Frederick Matlur. Company B, 3d U. S. Cavalry, to make good the time lost by desertion; to forfeit to the United States all pay and allowances due him at the time of desertion, except the just dues of the laundress and sutler, and to be c(mfined at hard labor, under charge of the guard, for the period of live (5) months, forfeiting to the United States ten (10) dollars per month ot his monthly pay, for the same period.

16th.—Hugh Burke, Private Company A, 3d U. S. Cavalry, on the following charges and specifications:

CHARGK 1st—De.^ertion.

Specification.—In this, that he. Private Hugh Burke, Company .^,'ii' U. S. Cavalry, did desert his company and did not return until apprehended. This at or near Fort Bascom, New Mexico, on or about tlie 16th day of September, 1866.

CHARGE 2d—Conduct prejudicial to (jood order and militaru di-tcipline.

[15]

Specification.—In this, that he, I'rivjite llufjh Hiirke, Company A, 3d

U. S. Cavalry, did desert his company and ttdoniously take away (me

nistol, the property of tlie United States, in p<»ssession of a fellow soldier. All this at or near Fort Baseom, New Mexico, on or abont the ]()tli day

of September, ISlK!.


To the f<pecifioation of the 1st charpe, JSiot Guilty.

Ijl To the 1st charge, A'o< Guilty.

I To the specification of the 2d charjje, Aot Guilty.

I To the 2d charge Not Guilty.

KINDIXO.


acnised. Private Hugh Burke, Company A, 3d U. S. ('avalry, as follows:

Of the specification of the 1st charge, Guilty,

except the word "desert," substituting therefor the words "absent him-

self without leave fron)."

Of the 1st charge Not Guilty,

hut guilty of absence without leave.

Of the specification of the 2d charge Guilty,

excepting the words: "desert his comj)any and."

or the 2d charge, Guilty.

.SKXTKNCK.

And the Court does therefore sentenci> him, I'rivale lliigh 15urke, Com-

jiiuiy A, .3d U. S. Cavalry^ to IK' confined at bard labor, under charge of

tlie guard, for the jHjriod of two (2) months, and to forfeit to the T'nited

States twelve (12) dollars JKT month of his monthly juiy for the same

l>eriod.

17th.—Max Kircher, I'rivate Comimiiy A, .'^1 U.S. Cavalry, on the

following charges and sjKX'iticafions :

CIIAR<;K 1st—Desert id I).

Specification.—In this, thiit he. Private Max Kircher, Company A, .3d

n. S. Cavalry, did desert his company, and did not return until apprehend- d. All this at or near Fort Pascom, New ]Srexico, on or abr>nt the Ifitb

of September, 1SRH.

CHARGE 2d—Conduct jirrjndlridt to gimrl order and niililnry di.-<riplinr.

Speeification.~h\ this, that be. Private Max Kircher, Company A, ;^l

'• S. Cavalry, did desert his company, and feloniously take away one

pistol, the property of the United States, in jxissession of a fellow-soldier.

All this at or near Fort Pascom, New Mexico, <u) or about the Ifith day

"f September, 1866.

To which charges and specifications the accused j)leaded as follow.s:

[16]

To the specification of the 1st cliarge, 2fot Guilty To the 1st charge, Not Guilty. To the specification of the 2d charge, Not Guilty. To the 2d charge, Not Gvllty.

FINDING.

The Court having maturely considered the evidence adduced, finds ttie accused, Private Max Kircher, Company A, 3d U. S. Cavalry, as follows:

Of the specification of the 1st charge^ Guilty, except the word "desert," and suhstituting therefor the words "absent himself without leave from."

Of the 1st charge, Not Guilty, but guilty of " absence without leave."

Of the specification of the 2d charge, Guilty, excepting the words "desert his company and."

Of the 2d charge, Guilty. SENTENCE.

And the Court does therefore sentence him, Private Max Kircher, Company A, 3d U. S. Cavalry, to be confined at hard labor, undercharge of the guard, for the period of two (2) months, and to forfeit to the Uni- ted States twelve (12) dollars per montli of bis monthly \}ny for the same period.

V, \ . \ II The proceedings, findings, and ^\ntenc<;!\ in the tases of Privates James P". Wilson, Company\l1l> ;Vl" I'. S. Cavalry, Dadliel J. Sheehan, Company I), 3d V. S. Cavalry, Michael Sullivan, Comj)an's^D, 3d U. S. Cavalry, Henry E. Fisher, Company D, 3d V. S. ('avalry, Alfred B. Smith, Company I), 3d V. S. Cavalry, Patrick Meehan, Company C, oth U. S. Infantry, Musician James Stevens, Company C, oth U. S. Infantry, Private Michael Le<mard, Company (.', 5th T^. S. Infantry, Artificer John Kelly, Company C, 5th U. S. Infantry, I'rivales Frederick Math- er, Company B, 3d U.S. Cavalry, Hugh Burke, Company A, 3d U. S. Cavalry, and Max Kircher, Ccmipany A, .3d U. S. Cavalry, are approved. The sentences will be duly executed.

The proceedings and findings, in the cases of Privates Peter Gaynor, Company C, 3d U. S. Cavalry, James Dowd, Company C, 5th U. S. In- fantry, and Ernest Snyder, Company I, 5th U. S. Infantry, are cdn- firmed. The prisoners will be released from confinement, and returned to duty.

In the case of .John J. Lewis, Private of Ccmipany D, 3d U. S. Caval- ry, it is believed that the specification to the 1st charge should not have been laid as a violation of section 23, of the Act of Congress, approved March 3d, 1863, as it is considered that this law was intended for a diflfer- ent purpose. It is believed it might have been j)roperly laid under

«i«

[17] the 99th Article of War. It is thought, from the evidence, tliat the pris-

oner should have been found guilty of the specification of the 2d charge, and of the 2d charge. The proceedings are therefore disapproved. The

prisoner will be released from ccmfineinent, and returned to duty.

In the case of .lames Trainor, Corporal Company C, oth V. S. Infan-

try, the finding to the specification is approved. It would have been

I proper for the Court to have expressed, in direct terms, that they found

fit tlie prisoner not guilty of the 2d charge, but guilty of " conduct to the

I prejudice of good order and military disci{)line." The intention of tiie Court appearing to c(»rrespond thereto, their findings are confirmed, and

Corporal James Trainor, Company C, ^th U. IS. Infantry, will be reduced

to the ranks as a private soldier. The remainder of the sentence will be

duly executed.

Ill Tiie (icnerai Court Martial of whicli Hrcvct Colcinel Henry C.

Bankhead, Captain oth I . S. Infantry, is Tresident, is hereby dissolved.

By conuuand of Major (Jeneral HANCOCK:

CHAUN( EY McKKf:VEK, AKxistanf Adjutant (jleiieru/.

OFFICIAL :

•^^^^

Actin(j A-'<Ki.'>tant Adjutant General.

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•I

G. C. M.

]. John I'. Walker, I'd Lieutenant 22(1 U. S. Infantry.

HP:ADQUARTERS DP:PARTMENT OF THK MISSOUKI, \ FORT LKA VEX WORTH, KANSAS, February 1!>, 18()7. /


I Before a General Court Martial, convened at Fort Leavenwortli Kansas, January 22, 1867, pursuant to Special Orders, Number Ki, Para- graph 5, Current Series, from these Headquarters, and of which Brevet Major General D. S. Stanley, Colonel 22(1 V.^. Infantry, is President, was arraigned and tried :

1st.—Second Lieutenant John P. Walker, 22d C S. Infantry, on the following cliarges and specifications :

CHARGE Ist—('miflucf unberntiiiiHj an njirer <ind <t (/ciitlemdn.

Specijictttlon \at.— In this, that he, 2(1 Lieutenant .John P. Walker, 22d C S. Infantry, did, in the billiard-room at the sutler's store, begin and Migage in a (piarrel and fight with T'^riah Oraff, a citizen employed in lite (Quartermaster's Department, and did, after having been separated frdiii the said Uriah (rraff, by parties present, without provocation renew 'he quarrel with said LTriah Oratt", or (jther parties. This on or about tin' night of the IGth of January, 1867, at Fort Leavenworth, Kansas.

''^pecitication 2rf.—In this, that he, 2d Lieutenant John P. Walker, 22d l^-S. Infantry, did, in the billiard-room at the sutler's store, without pro- ^iicatinn, make use of insulting and abusive language to 1st Lieutenant ''W.Graham, 10th U. S. Cavalry, CiUling him a "God damned nigger '"'"ofa bitch," or something to that effect, and did, at the same time, ■"tempt to assault the said Lieutenant (Jraham, and did afterwards con- 'iiiiie to address grossly abusive and insulting language to the said Lieu-

U'

mufl m

[2] tenant Graham. This on or about the night of the 16th of January, 1867 at Fort Leavenworth, Kansas.

Specification 3d.—In this, tliat lie, 2d Lieutenant Jolin P. Walker, 22d U. S. Infantry, did, after the occurrences recited in the preceding specification, again, without provocation, address grossly insulting and ahusivi' language to, or towards, the said Lieutenant Grah-ani, and did with violence, assault him, and having been separated from the said Lieutenant Graham, by officers and others present, did repeatedly renew, or try to renew, the assault; all this without provocation, and in a manner unbecoming an officer and a gentleman. This on or about the night of the 16th of January, 1867, at Fort Leavenworth, Kansas.

CHAKGE 2d—Disobedience of the orders of his superior officer.

Specification.—In this, that he, 2d Lieutenant John P. Walker, 22d l'. S. Infantry, having engaged in a quarrel, or fray, in the billiard-room at the sutler's store, and having in consequence been repeatedly ordered bv his superior officer. Captain and Brevet Brigadier General W. H. Pen- rose, 3d v. 8. Infantry, being in the execution of his office, to desist from said quarrel, or fray, and to remain quiet, did disobey, and persist in disobeying said order. This on or about the night of the 16th of January, 1867, at Fort Leavenworth, Kansas.

CHARGE 3d—Violation of the 27th Article of War.

Specification.—In this, that he, 2d Lieutenant .John P. W^alker, 2'2d \. S. Irtfantry, having engaged in a quarrel, or fray, in the billiard-room at the sutler's store, and having in consequence been ordered by his superior officer, Captain and Brevet Brigadier General W^. II. Penrose, 3d U. f<. Infantry, to his quarters in arrest, did refuse to obey said order, and did say to the said General Penrose, in reply: " What the hell have you to do with me? I '11 be damned if I do," or words to that efl'ect. This on or about the night of the 16th of January, 1867, at Fort Leavenworth, Kansas. CHARGE 1st—Drunkenness, to the prejudice of good order and vLilitary dix-

cipline.

Specification.—In this, that he, 2d Lieutenant John P. Walker, 22d I. S. Infantry, did enter the billiard-room at the sutler's store, in the presence of officers and citizens, while in a state of intoxication. This on or about the night of the 16th of January, 1867, at Fort Leavenworth, Kan- sas.


To the Ist specification of the 1st charge, the accused pleads in bar ot trial as follows:—that the specification, if proved, will not sustain the charge, and therefore prays the Court to reject it for defect in being law under that charge. It is questionable whether a quarrel with a citizen

• 1

[3] can at any time be regarded as a military offence, for it is certain that if it result in injury to the citizen he has prompt remedy in the civil courts; but if it be allowed that in the present instance a military offence was (ommitted, it seems certain that the facts set forth in this specification, since they allege no conduct affecting the honor of the accused, can only sustain a charge laid under the 99th Article of War. It will be noticed that the specification does not state that the accused, at any time, during

§'"4 the progress of the alleged quarrel with Uriah Graff", a citizen employed "in the Quartermaster's Department," behaved himself in a manner unbecoming an officer and a gentleman,—hence the gist of the offence must be supposed to lie in his having quarreled with a citizen employed in the Quartermaster's Department. As this is an incident likely to arise at almost any time in the experience of almost every officer of the service, thrown into contact with men not subject to discipline, it would be a most dangerous admission to concede that such an act constituted a dishonorable or infamous offence.

To sustain this plea, the accused refers to the decisions of the Judge Advocate General. See Holt's Digest, page 44, Chave, Art. I.

The Court being cleared, after mature deliberation, sustained the plea "f the accused, and rejected the 1st specification of the 1st charge.

To the 2d specification of the 1st charge, the accu.sed pleads in bar of trial upon the specification, a want of specification as to matter which !?• of prejudice to the rights of the accused, and therefore prays the Court t(i reject it as defective. The specification alleg:es that the accused called 1st Lieutenant G. W. Graham, 10th U. S. Cavalry, a "God damned nig- );erson of a bitch," or something to that eft'ect. Now, there is nothing to that effect except the creature described in those words. Other words may be used to describe the same creature, and hence it is admissible in specifications to use the phra-se "or words to that effect," which leaves the araised certain as to what fact is to be proved against him; but admitting the term "something to that effect," where there is nothing else to that effect, is opening the door to any epithet which may l>e imagined and which the accused cannot anticipate; and further, it is alleged that the uccused "did afterwards continue to address grossly abusive and insulting language to the said Lieutenant (Jrahani." This is manifestly inad-

I j| missible, since it leaves the accused n^ knowledge of the language he is expected to disprove; moreover, it is proper for him to know what was this language, or its ofTect, since, if recited, it might be comi>etent for him 'o plead in bar of trial that it was not "grossly abusive and insult- "ig; and finally, the accused is entitled to know what was this language in order that he may be able to plead an r(?(/'/r/o('.s'convict, or acquit, if sgain arraigned for any }>ortion of it, as he is liable to be while it is left 'lins indefinite.

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[4] The Court being cleared, after mature deliberation, sustained the plea

of the accused, and the 2d specification of the 1st cliarge was therefore rejected.

To the .3d specification of the 1st charge, the accused pleads in bar of trial upon this specification, want of specification as to matter, to the prejudice of the rights of the accused, and therefore prays the Court to reject it as defective. The phrase "did after the occurrences recited in the preceding specification, again," is of course inadmissible, since the preceding; specification supposed to have been referred to, has been rejected and thrown out by the Court; and every specification should be complete in itself. The phrase "address grossly insulting and abusive language t<i, or towards, the said Lieutenant txraham, and did with violence assault him," etc., etc., through the specification, is also inadmissible, as shown in the exceptions taken to the 2d specification of the 1st charge. The accused claims the right to know exactly, or to what etlect, was the language used, and also in what manner he did with violence assault: first, to enable him to plead in bar of trial to said language, or to such manner of assault, if competent, or, second, to disprove the alleged language, and manner of assault, and third, to plead "aw<re/oi« convict, or acquit," if again arraigned for the same language or manner of assault.

The Court being cleared, af.er manure deliberation, sustained the jdea of the accused, and the od specification of the 1st charge was therefore rejected.

To the 1st charge the accused pleads in bar of trial upon the charge, tha* there is no specification to sustain it, and therefore prays the Court to reject it.

The Court, without being cleared, sustained the pica of the accused, and the 1st cliarge was therefore rejected.

To the specification of the 2d charge, and to tlie 2d charge, the accused pleads in bar of trial upon this specification and charge, multiplication oi charges, to the prejudice of the accused, and therefore prays the Court to reject the specification and the charge as defective. The specification ol the 3d charge, and the 3d charge, manifestly cover all misconduct tiuit could have taken place in the alleged efforts of Captain and Brevet Brig- adier General I'enrose to quell the alleged disorder, and the efl'ort to detach portions of such alleged misconduct to form the ground-work ol different charges, is evidently contrary to the spirit of justice. If a quarrel had taken place, each particular word and gesture during its progre.'^s, might, under this theory, be laid under separate charges. It is not considered necessary to i)lace this in a clearer light. (See Holt's Digest, Charge II.)

The Court being cleared, after mature deliberation, declined to sustain the plea of the accused.

»14

M

[5] The accused then pleaded as follows:

To the specification of the '2d charge, SDI Guiltij.

To the 2d charge ^ot Oniltij.

To the specification of the .Sd charge, 'Sot Guilty.

To the 3d charge, Sot Guilty.

To the specification of the 4th charge, Not Guilty.

To the 4th charge, Not Guilty.

KINDlNd.

The Court having maturely considered the evid^^ncc adduced, tinds the

accused, 2d Lieutenant .John I*. Walker, 22d l'. S. Infantry, as follows:


f)f the 2d charge, Guilty.

Of the specification of the M charge, Not Guilty.


Of the specification of the 4th ciiarge, Not Guilty.

0rthe4th charge Not Guilty.

SKXTK.NCK.

And the Court does therefore sentence the said 2d Lieutenant John I*.

Walker, 22d V. S. In'antry, to forfeit his pay proper for one (1) month.

The Court is thus lenient in consideration of the loose manner, as appears

from the evidence, in whicii Urevcl I'riL'adier General IVnrose gave his orders.

The Court directed the following to be made a part of its record :

The Court, injustice to itself, desires to invite the attention of the Ma-

jor General Commanding the Department, to the extraordinary course

pursued by the commanding officer of this Post, in reference to important

papers called for l)y the Court. It is not the province of the Court to

I'omment on this matter, as it feels that the Major General Comnnuiding

knows best how to protect the dignity and rights of a Court >Lirtial convened by himself

11 The proceedings in the foregoing case having been laid before the

Major (reneral Commanding the Deitartment of the Missouri, the following is his decision thereon :

The action of the Court in sustaining the plea of the accused in bar of

trial to the 1st sjjecification of the Ist charge, is not believed to liave Wen

in accordance with the law in the case. In the plea, it is contended that

tlie specification, if proved, would not sustain the charge. But it would

liave been admissible under present decisions of the Court to have found

tlie accused, if the specification were proved, not guilty of the charge

under the 83d Article of War, but guilty of "conduct to the prejudice of

good order and military discipline," under the 99th Article of War. The

[6] question is also rai-ed, the combat occnrrinjr with a citizen, whether this be a military offence. In this case, Mr. Graft'is a military employee, and as such is subject to the Rules and Articles of War the same as if he were commissioned, and cannot be considered a citizen in that light. But even if the fray occurred witli a citizen, the conduct of an officer towards him might be unbecoming an officer and a gentleman, as well as if the party were in the military service, or prejudicial to good f)rder and military discipline, especially at a military post; and the officer might, if his conduct were sufTered to pass unnoticed, be privileged to commit such offences with impunity upon this class of individuals. It is not considered that the conduct of an officer should necessarily affect his honor to make him subject to a charge laid under the 83d Article of War. An officer may be guilty, in the heat of passion, of conduct properly laid under this Arti- cle, without affecting his honor. The term " honorable," seems to relate to offences of an entirely different character. Although dishonorable cctnduct is " conduct unbecoming an officer and a gentleman," the con- verse of the proposition is not always true. It is not necessary that it should have been stated in direct terms, in the specification, that tlie accused behaved himself in a manner unbecoming an officer and a gentleman, when the facts stated are sufficient, if proved, to cover that charge. It is believed in this case, that the facts stated are sufficient to bring the specification under that charge. See Holt's Digest, p. 20. Benet on Courts Martial, p. 275. O'Brien on Courts Martial, p. 159. Decision of Judge Advocate General Holt, of November 15th, IHfiG, on question referred to him from Head(iuarters Department of the Missouri, Novem- ber 7th, 1866. Dellart on Courts Martial, pp. 373, 374.

In the case of the plea in bar of trial, of the accused, to the 2d specification of the 1st charge, the action of the Court in sustaining the plea, is not held to be in accordance with the law in the case.

The specification seems to have been made as specific, in describing the language used by the accused, as such language could be described and recollected by persons surrounding the parties, in the heat of excitement. And there is sufficient in the specification, if proved, to make it an offence under the 83d Article of War. The onus of proving c-ertain language is* with the prosecution, and it would have been for the Court to decide after the evidence, whether the allegations were proved, or whether "something to that effect " was sufficiently proved to sustain the offensive word? alleged in the specification. The authorities admit that the use of the phrase "or words to that effect," to define an offence in connection with the use of certain language, is sufficiently accurate for a specification; and it is believed that the use of the words "or something to that effect, in this case, was appropriate. See O'Brien on Courts Martial, p. 24y,

^

m

[7J

paragrapli heginiiin!? : " Perhaps a fair critericjii," t'et-. Dellarion CourU Martial, p. 2!»4.

The 3d sijecifioation should have hcen complete in itself, in which case the phrase "after the occurrences recited in the preceding f>{)ecification" would not have become a question when the preceding specftication waa ruled out. The use of those words had reference oi\]y to the order in wiuch certain events occurred, and constituted no part of the offence alleged in the specification, and might have been thrown out by the Court without affecting the validity of the specification. It is believed tliat the use of "grossly insulting and abusive language" towards an officer may be an offence, and could have been tried, although the exact terms in which the insult is given, be not recited. The onus of proving the words rests with the prosecution. Even had the Court thrown this out for gen- erality, there was still sutfieient left in the specification, of a specific character, to constitute an offence if proven. It is deemed better for Courts Martial to enter into the merits of a question before them, through evidence rather than to refuse to entertain charges on the ground of doubtful questions of law. It is not expected that the same accuracy should prevail military as in civil courts, and it is better to have an officer tried upon in the merits of the case, than to allow it to go by default, unless it is clear that injustice would be done the accused if tried nj)on the allegations as presented.

It appears in this case, that the Judge Adyocale «lid not contest the |)leas of the accused in bar of trial to the specifications above referred to. It is therefore presumed that he was either not sati.sfied that the specifications were correctly drawn, or that he preferred the Court t<^ decide the tpiestions of law, without giving advice. The Judge Advocate, in supi>ort of the former supposition, also states that he did not feel authorizxjd to alter or amend the charges for certain reasons allegotl. If the Judge Advocate believed the sjiecitications correctly drawn, it would seem to have been an appropriate time for him to have contested the pleas of the accused. It was particularly an appropriate occasion for advice, and as there were abundant authorities on the subject, it only required time to prepare a reply, which could have been asked for, as it is well known the Judge Advocate was equal to such an occasion. The authorities are so clear that the Judge Advocate has a right to alter and amend the charges previous to arraignment, so as to make them, in his opinion, technically correct, either with or without reference to the authority ordering the ^ourt, that it seems unnecessary to pursue the subject farther than to refer to the decisions supporting this opinion. See Benet on Courts Mar- tial, p. 102. Holt's Digest, p. 122. O'Brien, p. 231.

In reference to the remarks made by the Court, concerning the refusal of the commander of the Post of Fort Leavenworth, who was also tempo-

[8]

rarily coinmaiulinK the Depaitirn'rit of tlie Mii^soiiri, to produce oertiiin papers wliich were ascertained to have been in liis; posi-ession, and wliicli he had been formally summoned by the Court to produce, it is considered that the views of the Court were just and correct, and the jiapers called for should have been laid before them. It is believed to have been clearly established that the papers were official papers, but even if they were n<it, they were not of that class of papers denominated "privilejjed communications." The interests of the accused may or may not have been im- paired by the production of these papers. The object of fretting at these papers appears to have been, on the part of the accused, to question the consistency, if not indeed the veracity, of some of the witnesses for the prosecution, and in this view might have exercised an important bearing upon the defence. Although parole evidence could have been taken after the refusal to produce these papers, it would not have met the purpose of the defeTice, and Oould not have been as satisfactory as the production of the communications themselves. These papers were the statements of persons upon whicli ihe charges were based, and who were witnesses for the prosecution.

In civil courts tlu' prclimiuary investigations of inferior courts are frequently used to prove conflicting evidence of witnesses, in the same case at difTerent times. As a rule, unless it is clear that some injury to the public service may be done by ))ro(lucing papers, it is better that Courts Martial should be allowed tiie latitude as to whether papers should be produced on their summons, tiian that their decision should be resisted, probably to the detriment of the interests of the accused For, as a Mili- tary Court is the highest tribunal known in tiie service, it is better for them to protect the interests of the service, as well as the rights of the parties before them, than to |)ermit this power to be assumed by any officer, however high maybe his rank. Although conceding the facts the accused desired to prove by these papers not produced, it is still believed that sufficient was established before the Court to sustain their findings.

The finding and sentence are therefore approved. The sentence will IK-

duly executed, and the accused, 2d Lieutenant .John V. Walker, 22d V. S. Infantry, will be released from arrest and returned to duty.

By command of Major Cicneral IlANtH)CK : CIIAUNCEY McKEEVKK,

Amiitunt Adjutant General. OFFICIAT. :

Actin') AsAistant AdjuLuit General.

M

m a. c. M.

Charles Ball, iinassigned Recruit, 38th U. S. Infantry. Andrew Jackson, unassigned Recruit, 38th U. S. Infantry. Sylvester Kehoe, Private Co. K, 1st U. S. Infantry. Adolph Leadendorft', Private Co. C, 2d U. S. Cavalry. Joiin Riley, Recruit, 7th IT. S. Cavalry. Adolph Osmer, Private, Light Battery C, 3d U. 8. Artillery. Joseph Hennessey, 2d class Private of Detachment of Ordnance. John Kennady, 2d class Private of Detachment of Ordnance. James M. (Jillett, Private Light Battery C, 3d U. S. Artillery. Charles Schoeffter, Private Light Battery C, 3d U. S. Artillery. Franklin Dustin, 2d class Private of Detachment of Ordnance. Henry Tally, Lance Corporal, unassigned Recruit, 38th II. S. Infty. Samuel Keith, unassigned Recruit, 38th U. S. Infantry. Jose[)h Hennessey, 2d class Private of Detachment of Ordnance. Henry Grieves, Corporal, Light Battery C, .3d V. 8. Artillery. Andrew Parrish, unassigned Recruit, 38th U. 8. Infantry.

HEADQUARTERS DEPARTMENT OF THE M1880URI, } FORT LEAVENAVOKTH, KANSAS, Fehruary 20, 1867. /


I Before a General Court Martial, which convened at Jefferson Bar- racks, Missouri, January 14th, 1867, pursuant to Special Order No. 5, "aragraph 2, Current Series, from these Headquarters, and of which Brevet Brigadier General P. Morrison, Colonel U. S. Army, is President, were arraigned and tried:

1st.—Charles Ball, unassigned Recruit for the 38th U. S. Infantry, on 'lie following charge and specification :

[2] CHARGE—Conduct prejudicinl to good order and military discipline.

Specification.—In tliis, that lie, Charles Ball, unasHigned Kecruit for (lie 38th Regiment V. S. Infantry, while absent without leave from his detachment, and in the city of St. Louis, Missouri, did obtain goods of the value of thirty-five ($35) dollars, more or less, under false pretences, and did, with the intention of converting the same to his own use, refuse and fail to return the goods, or any part of them, to their rightful owners. This on or about the 13tli day of December, A. I). 18G6.

To which charge and .specification the accused pleaded as follows:

To the specification, ^ot Guilty. To the charge, Not Ouilly.

FINDING.

The Court having maturely considered the evidence adduced, finds tlie accused, Charles Ball, unassigned Recruit for the 38th U. S. Infantry, us follows:

Of the specification, (juiltii, with exception of the words: "while absent without leave from liis detachment."

Of the charge, Guiltij.

SENTENCP:.

And the Court does therefore sentence him, the said Charles Bull, unassigned Recruit for the 38th U. S. Infantry, to be confined, in tlic charge of (he guard for six calendar months, at hard labor, and to forfeit to the United States ten dollars of his monthly pay on every month during the same time.

2d.—Andrew Jackson, unassigned Recruit, 38th V. S. Infantry, on the following charge and specification :


Specification.—In this, that he, Andrew Jackson, unassigned Recruit, 38th U. S. Infantry, did unlawfully obtain possession of a pair of leather gloves, the property of C. Hudson, unassigned Recruit for the .same regiment, and did barter, or exchange them away for value rendered, to Pri- vate Richard Moore, unassigned Recruit for the same regiment. This at or near Jefferson Barracks, Missouri, on or about the 12th day of Decem-

ber, 1866.



II

[3]

T

FINDIXU.

Tiie Court havin<; maturely considered the evidence adduced, finds the

accused, unassigned Keornit Andrew Jackson, 88tii U. S. Infantry, as

follows:

Of the specification, Gnilty.

Of the diarfje, Guilty.

SKNTKNCK.

And the Court iloes therefore sentence hini, unassif^ned Kecruit Andrew

Jackson, .'58th U. S. Infantry, to be confined for tiiirty days, in charge of

the guard, at hard labor, and to forfeit to the Fnite<l States ten dollars of

his monthly i)ay for one month.

lid.—Sylvester Kehoe, Private Company K, 1st I'. S. Iniautry, on the

rdllowinfl; charge and specification:

(.'IIAI{<;K—Di'm'i-tiou.

Specijicatioii.—In this, that he, Private Sylvester Kehoe, Company K,

1st U. S. Infantry, a duly enlisted soldier in the service of the Fnited

Slates, did desert and abscTit himself therefrom at Jackson Harracks, Lou-

isiana, on or about the 8th of June, 186(5, antl did remain absent until his

Vdlnntary surrender at .leHerson I'arracks, Missouri, on or about the 8th

(if I)ecend)er, lS(i().

To which charge and spt'cification the accused pleaded as follows :

To the specification, Not Gnilty.

To the charge, Sot Guilty.

KINDIXO.

The Court having maturely considered the evidence adduced, finds the actnised, Private Sylvester Kehoe, (,'ompany K, 1st I'. S. Infantry, as follows;



SKNTKNCK.

And the Court does therefore sentence him, the said Piivate Sylvester

Kehoe, Company K, 1st U. S. Infantry, to be confined at hard labor, in

I I <harge of the guard, for six calendar months, and to forfeit to the Tnitod

States sixteen dollars of his monthly pay on every month during the "itme time.

^th.—Adolph Leadendorfl', I'rivate Company ( , 1<\ V. S. Cavaliy, on

'I'e following charge and specifications:

( 'H A lie; K—Dvxertiou.

I'yiiiijfii; -'■•

Specification 1st.—In this, tliat he, Private Adolph Leadendorff", Com- pany C, 2d U. S. Cavalry, a duly enlisted soldier in the service of the United States, did absent himself from, and desert said service at Monro- via, Md., on or about August 14th, 1865, and did remain absent until arrested at Jefferson Barracks, Mo., on or about October 20th, 1866.

Specification 2d.—In this, that he, Private Adolph Leadendorff, Com- pany C, 2d U. S. Cavalry, a duly enlisted soldier in the service of the United States, did enlist in Battery C, 3d U. S. Artillery, at Jefferson Barracks, Mo., September 4th, 1866.


To the 1st specification, Guilty. To the 2d specification, Guilty. To the charge, Guilty.

FINDING.

The Court having maturely considered the evidence adduced, confinu the plea of the prisoner and finds him. Private Adolph licadendorfl" Com- pany C, 2d U. S. Cavalry, as follows: Of the 1st specification, Guilty. Of the 2d specification, Guilty. Of the charge, Guilty.

SENTENCE.

And the Court does therefore sentence him. Private Adolph Leadeii- dorfl" Company C, 2d U. S. Cavalry, to be confined at hard labor, in charge of the guard, for six calendar months, and to forfeit to the United States all pay which may be due him, or which may become due him during said term of six months.

5th.—John Riley, Recruit for the 7th V. S. Cavalry, on the foUowint; charge and specification:


Specification.—In this, that he, John Riley, Recruit for the 7th U. S. Cavalry, did, while attached to Light Battery C, 3d U. S. Artillery, steal, take and carry away one (1) pair of cavalry trowsers, out of the store room of Light Battery C, 3d U. S. Artillery. This at Jefferson Barracks, Missouri, on or about the 31st day of December, 1866.

To which charge and specification the accused pleaded as follows: To the specification, G'wiftt/- To the charge, ^"^^'y-

FINDING. The Court having maturely considered the evidence adduced, confirms

the plea of the accused, and finds him, John Riley, Recruit for the 7th U. S. Cavalry, as follows:

III

[5] Of the specificatitm, Guilty.


SENTKNCE.

And the Court does therefore sentence liini, the aforesaid John Kiley,

Recruit for the 7tli U. S. Cavalr)', to be dislionorably discharged the ser-

vice of the United States, and to forfeit to the United States all pay and

allowances now due, or tliat may become due him, and to be confined in

M such Penitentiary as the Commanding Genera! of tlie Department may

designate, for the term of one year.

Oth.—Adolpii Osmer, Private Battery C, ;kl U. S. Artillery, on the fol-

lowing ciiarge and specification:

CHARGE—Ner/leel of Duty.

Speclfiratio)).—In this, that he, Private Adolph Osmer, Battery C, M

U. S. Artillery, in charge of four prisoners as guard, or sentinel, did allow

two of said prisoners to escape. This at Jefferson I^arracks, Missouri, on

or about the 26th of December, 1866.




KINl>IN(i.


accused, Adolpli Osmer, Private Battery C, ;W V. S. Artillery, as follows :

Of the specification, Not Guilty.

Of the charge, Not Guilty.

And the Court does therefore accpiit him. Private Adolph Osmer, Bat-

tery C, 3d r. S. Artillery.

7th.—Joseph Hennessey, 2d class Private of detachment of Ordnance,

stationed at St. Louis .Arsenal, Missouri, on the following charge and

specification:

CHAKC.E—Abxence without teair.

Specification.—In this, that he, Joseph Hennessey, 2d class Private of

detachment of Ordnance, stationed at St. Louis Arsenal, St. Louis, Mis-

^ souri, was absent without jjermission from proper authority, from tattoo

on the 18th of December, 1866, till three o'clock P. M., on the 20th of

December, 1866. This at St. Louis Arsenal, St. Louis, Missouri.


To the specification, Guilty^


[6]

h'ff

'iii m\

The Court having maturely considered the evidence adduced, confirms the plea of the prisoner, and finds him, Joseph Hennessey, 2d class Pri- vate of detachment of Ordnance, as follows : Of the specification, Guilty. Of the charge, Guiliy:

SKNTKNCK.

And the Court does therefore sentence him, 2d class Private Joseph Hennessey, in U. S. Ordnance Department, to be confined for fifteen days in charge of the guard, and.to forfeit five dollars of his niontlily pay for one month.

8th.—John Kennady, 2d class Private of detachment of Ordnance, st;i- sioned at United States Arsenal, near St. Louis, Missouri, on the foUovinjr charge and specification: (JHARCTE.—(JjiidaH to th-i prejudice of (itxnl order uml nii'itunj dixeipliuc.

Specification.—In this, that he, John Kennady, 2d class Private nf (Mlnance, stationed at St. Louis Arsenal, St. Louis, Missouri, did, hetwwii the hours of seven and eight o'clock on the evening of the Kith day df December, LS66, whilst drunk, and in one of the rooms used as coni^.iuiy (luarters, create a disturbance and conduct himself in a very disorderly manner. This at St. Louis Arsenal, Missouri.

To which charge and specification the accused pleaded as follows: To the specification, Not (luilty. To the charge, Not Guilty.

FINDING.

The Court having maturely considered the evidence adduced, finds the accused, 2d class Private .Tohn Kennady, I'. S. Ordnance Department, its follows: Of the specification, Not Guilty. Of the charge, Not Guilty.

And the Court does therefore acquit him, John Kennady, 2d class Pri- vate of detachment of Ordnance, stationed at St. Louis, Missouri.

9th.—James M. Gillett, Private Liglit Battery C, :W U. S. ArtilkMy. on the following charge and specification:

CHARGE—Desertion. Specification.—In this, that he, Private Jiimes M. Gillett, of Liglit

Battery C, 3d U. S. Artillery, a duly enlisted soldier in the service of the United States, did desert the same on or about the 16th day of November, 1866, and remain absent until arrested on or about the 7th day of Janu- ary, 1867. This at Jefferson Barracks, Missouri.

To which charge and specification the accu.sed pleaded as follows:

li

To tlie specification, Not Guilty.

To the charge, Not Guiltij.

KFNDING.

The Court liaving maturely considered the evidence adduced, iinds tlie

]irisoner, James M.Giiiett, Light Battery C, 3d U. S. Artillery, as follows:



SKNTKNCK.

And the Court does therefore sentence him, the aforesaid James M.

(iillett, to he dishonorably discharged the service of the I'nited States,

and to forfeit to the United States all pay now due him, and to become due liini, and to have his iu'ad shaved, and to be drummed out of garrison.

10th.—Charles Sehoetl'ter, Private Light 15attery C, od I'. S. Artillery,

on tlie following charges and specifications:

CHAKGK 1st—Ah.-<ence without leare.

Specijicatinii.—In this, that he, Private Charles Schoett'ter, of Light

liattery C, 8d U. S. .Vrtillery, did absent himself from his company and

iliiarters without jtroper authority, on or about the 10th day of Decend)er,

1866, and did remain absent until on or about tlH'l;'>tb day of December,

1866. This at Jeflerson Barracks, Missouri.

I'HARGE 2d—('ouduct to the prejudice of good order and mililnnj dixcipUue.

Specifieatiou.—In this, that he. Private C'hnrles SchoeflTter, of Light

Buttery C. 3d U. S. Artillery, did steal, take and carry away, one (1)

cavalry overcoat, valued at S14.oO, the proix?rty of Private James Hani-

uiond of same Battery; that he did sell or otherwise unlawfully dispose

of the same for his own benefit. This at Jeffer.^on Barracks, Missouri,

<m or about the lOtli day of December, LSOO.

To which charges and sjiecifications the accused j)lcadcd as follows:

To the specification of the 1st charge, Guilty.

To the 1st charge,. Guilty.

To the specification of the 2d (charge, Not Guilty.


FINDING.


prisoner. Private Charles SchoeflTter, Light Battery C, 3d U. S. Artillery, ^s follows:

Of the specification of the 1st charge, Guilty. Of the 1st charge, Gxiilty.

Of the specification of the 2d charge, Not Guilty. •^fthe 2d charge, Not Guilty.

i

'1»l'

[8] SKNTENCE.

And the Court does therefore sentence him, Private Charles Sclioeffter of Light Battery C, 3d U. S. Artillery, to be confined for one calendar month in charge of the guard, and to forfeit to the United States ten dollars of his monthly pay for one month.

lltli.—Franklin Dustin, 2d class Private U. S. Ordnance Department on the following charge and specification :

CHARGE—Disorderly conduct, to the prejudice of good order and militani discipline.

Specification.—In this, that he, Franklin Dustin, "id class Private of Ordnance, stationed at St. Louis Arsenal, St. Louis, Missouri, did, between the hours of seven and eight o'clock, on the evening of the 16th day of December, 1866, whilst drunk, and in one of the rooms used as company quarters, did create a disturbance, and conduct himself in a very disorderly manner, to the prejudice of good order and military discipline. This at St. Louis .\rsenal, St. T^ouis, Missouri.



FINDING.

The Court having maturely considered the evidence adduced, finds the accused, 2d class Private Franklin Dustin, U. S. Ordnance Department, as follows:


And the Court does therefore accjuit him, 2d class Private Franklin Dustin, IT. S. Ordnance Department.

12th—Lance Corporal Henry Tally, unassigned recruit of H8tli L. S. Infantry, on the following charge and specification :

CHARGE—Desertion.

Specification.—In this, that he. Lance Corporal Henry Tally, unassigned recruit for the 38th U. S. Infantry, duly enlisted into the military service of the United States, did desert therefrom on or about the 25th day of December, 1866, and did remain absent until the 31st day of the same month, when he voluntarily surrendered himself. This at or near Jefier- son Barracks, Missouri.

To which charge and specification the accused pleaded as followB:

To the .specification, ^ot Guilty- To the charge, ^"ot Guilty.

M

KI.NDIM;.

The Court having maturely considered the evidence adduced, finds tlie accused, Lance Corporal Henry Tally, nnassigned recruit 3Sth U. S. In- fantry, as follows: Of the specification, Not Guilty. Of the charge, Not Guilty.

liil And the Court does therefore acquit him, Lance Corj)oral Henry Tally, unassigned Kecruit, 38th U. S. Infantry.

l.'JtIi.—Samuel Keith, nnassigned Kecruit for the 3Sth l'. 8. Infantry. on the following charge and specification :

CHARGE—Nefilcct of duty to the prrjndici' iif '.""HI ardci- mid iiiHilanj din-

rii'dln..

Specification.—In this, that lie, Samuel Keilh, an unassigned Kecruit for the 081I1 U. S. Infantry, a duly i)o.sted sentinel of the Post guard at .lefi'erson Barracks, Missouri, did, through gi'oss carelessness, allow James Gibson, unassigned Ivecruit for the 38th U. S. Infantry, to escape from confinement in the guard house at that Post. This at Jefi'cr.son Barracks, .Mifi.<oin'i, on or about the 18th day of January, 1807.


Tothe specification, ; Not Guilty. To the charge, Not Guilty.

FIXI>lX(i.

Tiie Court having maturely consiiicred the evidence adduced, finds the accused, Sanuiel Keith, unassigned Kecruit 38th LI. S. Infantry, as follows: Of the specification, ^'^r*^ Guilty. Of the charge, Not Guilty.

And the Court does therefore acquit him, Samncl Keith, unassigned Recruit 38th U. S. Infantry.

14th.—Joseph Hennessey, 2d class Private U. S. Ordnance Department, "n the following charge and si)ecification:

CHAKGE—Desertion.

Specification.—In this, that he, Jo,seph Hennessey, a 2d class Private of the Ordnance Department, stationed at St. Louis Arsenal, 8t. Louis, Mis-

■oiiri, a duly enlisted soldier in the service of the United States, did, whilst under charge of the guard, and awaiting trial by Court Martial, escape from the guard, and desert said service, between tlie hours of one and two p. m. on the 14tb day of January, 1867, .and did remain ab.sent until apprehended and brought back between the hours of eleven a. m.

B

[10]

and one p. m. on the loth day of January, 1867. This at St. Louis Arsenal, St. Louis, Missouri.

To which charge and specitication the accused pleaded as foHows:


FIND1X(;.

The Court having maturely considered the evidence adduced, finds the accused, Joseph Hennessey, 2d clas.s Private LI. S. Ordnance Department, as follow.s:

Of the specification, , Guilty. Of the charge, Guilty.

SENTENC K.

And the t'ourt does therefore sentence him, the said .Joseph Hennessey, U. S. Ordnance Dei)artment, to he confined at hard labor, under cliarge of the guard, for six calendar months, and to forfeit to the United States ten dollars of his monthly pay, on every month dnritig such term.

15th.—Henry (irieves, Corjwral Light l^attery <', .'M I'. S. Artillery, on the following charges and specifications:

CHARGE 1st—Dnud-enne.^s on duty.

Specification.—In this, that he, Corporal Henry Grieves, Light Battery C, 3d U. S. Artillery, while on duty as Corporal of the police, did become so drunk as to be unable to perform his duty. This at Jefferson Barracks, Missouri, on or about the 18th day of January, 1867.

CKARGE 2d—Ah.'^ent without leace.

Specification.—In this, that he, Corporal Henry Grieves, Light Battery C, 3d U. S. Artillery, did absent himself from his company and quarters without proper authority, from stable call (11 o'clock a. m.) and tattoo. This at Jefferson Barracks, Missouri, on or about the 19th day of Janu- ary, 1867.


To the specification of the 1st charge, -^'"' ^'""y- To the 1st charge, Not Guilty. To the specification of the 2d charge, Guilty- To the 2d charge, ^"'".''•

FINDING.

The Court having maturely considered the evidence adduced, finds the accused, Corporal Henry Grieves, of Light Batter)* C, 3d U. S. Artillery, as follows:

II

T

II

[11] Of the .specilicaiion of ihu 1st charge, Guilty.


Of tlie specification of the 2d charge, Guilty.


SENTKNCP:.

And the Court does therefore sentence him, tlie aforesaid Corporal

Henry Grieves, to he reduced to the ranks, and to be confined at hard

labor, under charge of the guard, for one calendar month, and to forfeit

ten dollars of his monthly |)ay during the same term.

lOth.—Andrew I'arrish, unassigned Kecruit 8Sth U. S. Infantry, on the

following charge and specification :

('ir.\ U(;K.—ye(/lecl of duty.

iSiiecijiention.—In this, that he, unassigned Recruit Andrew Parrisli,

88th U. S. Infantry, while on duty as a sentinel in charge of the prison

room of the main guard-house at JeHerson Barracks, Missouri, did,

through gross carelessness and negligence, allow a prisoner, Henry Bush,

Private Light 15attery C, .Sd U. S. Artillery, to escape. All this at Jeffer-

son Barracks, Missouri, on or about the 17th day of January, ]8t)7.

To which charge atid s()ecification the accused pleaded as follows:


To the charge, Nut Guilty.

KINDISC.


accused, Andrew Parrish, unassigned Kecruit 38th U. S. Infantry, as

follows:

Of the specification, Sot Guilty.

Of the charge, Not Guilty.

And the Court does therefore acijuit him, the said Andrew Parrisb,

unassigned Kecruit 38th U. 8. Infantry.

H The proceedings, findings, and sentences in the cases of unassigned

Recruits Charles Ball, 38tli U. S. Infantry, Andrew Jackson, 38th U. S.

Infantry, Privates Sylvester Kehoe, Company K, Lst U. S. Infantry,

Adolpli Leadendorflf, Company C, 2d I". S. Cavalry, 2d class Private Jo-

seph Hennessey, Detachment of Ordnance, in both eases of the last named

man. Private Charles Sclueffter, Light Battery C, 3d U. S. Artillery, and

Corporal Henry Grieves, Light Battery C, 3d U. S. Artillery, are

approved. The sentences will be duly executed, under the direction of

tlie prisoners' commanding officer.

The proceedings, findings, and sentence in the case of Recruit John

Kiley, 7th U. S. Cavalry, are approved. The Penitentiary at JefTerson

[12]

City, Missouri, is designated as the place of confinement, to which place the prisoner will be conveyed under suitable s^'Ud, and turned over tn the Warden of said Penitentiary, who will at the same time be furnished with a copy of this order. The commanding officer at Jefferson Barracks, Missouri, is charged with the execution of tlie above order.

The proceedings and findings iu the cases of Private Adolph Osnier Light Battery C, 3d U. S. Artillery, 2d class Privates John Kennadv. Detachment of Ordnance, Franklin Dustin, Detachment of Ordnance, unassigned Recruit Henry Tally, Lance Corporal 38th U. S. Infantry, unassigned Recruits Samuel Keith, 38th U. S. Infantry, and Andrew Par- rish, 38th U. S. Infantry, are confirmed. The prisoners will be released from confinement and returned to duty.

The proceedings, findings, and sentence in the case of Private Janies M. Gillett, Light Battery C, 3d U. S. Artillery, are approvcti, except si> much as relates to "having his head shaved," which is remitted. The remainder of the sentence will be duly executed.

[II The General Court Martial, of which Brevet Brigadier (Jencral P. Morrison, Colonel U. S. Army, is President, is hereby dissolved.

By command of Major General HANCOCK : CHAITNCEY MCKEEVP:K,

AssUtanf Adjlif'nif f!i'iirrnl.

OPFICIAI. :

V

Aetinrj Assistant Adjutant General.

•i* a. c. M.

1. Zebleen Oray, Private ('oinpany F, 7th U S. Cavalry.

2. Shannon Wilson, Private Company F, 7th U. S. Cavalry.

3. Samuel Founds, Private Company E, 37th U. S. Infantry.

4. Daniel O'SimnioncIs, Private Conijjany K, .'{"th U. S. Infantry.

HE.VDQUAIiTEKS DKPAKTMENT OF THE MISSOUKI, ^ FoKT LEAVPINWORTII, KANSAS, February 20, 1867. /

(iKNKRAL OKDEKS No. -17. ■}

I Before a General ('ourt Martial, which convened at Fort Harker.

Kiuisas, .January .">d, 1.S67, pursuant to Special Orders, No. 105, Par. 4.

Series 18GG, fr(^in these Ileadtpiarters, and of which Hrevet Major (Gen-

eral A. (ribhs, Major 7th I'. S. Cavalry, is President, were arraifined and tried : —

1st.—Zebleen Oray, Private Company F. 7th I'. S. Cavalry, on the fol-

lowing charjie and specification :

< 'n AiKiK—Dexrrfion.

Specijirutioii.— h-i this, that he. Private Zebleen (Jray, Company F, 7(h

U. S. f!avalry, havinj^ been duly enlisted as a soldier in the service of the'

United States, did desert the same at Fort Kiley, Kansas, on the 17th

flay of September, ISOti, and did remain absent until aj)prehended and ')ronglit back on the 2Gth day of September, 180G. This at or near Fort

Kiley, Kansas, on or about the dates above mentioned.

l!!' |;

[2] FINDING.

The Court Iiaving maturely considered tlie evidence adduced, c.nifirni-* the ]dea of the prisoner, and finds iiini as follows:

Of the specification, (V((/7f//. Of the charge, (luiltii.

SKNTKNCK.

And the Court does there!bre sentence him, Private Zehleen (ir;iv.

Company F, 7th V. S. Cavalry, to forfeit all pay and allov.ances that aie

due, or may l)econie due him, (except siu'li clolhiug as may he autiiorizcd

l)y the commanding oflicer <if the Post, and exi'cpt the Just dues ofiln.

laundress and sutler,) to he confined at hard lahor in charge ol' tiie giuird

for six months, and tlien to he dishonoraldy di.-charged and Irnmiie iil out of the service.

'2nd.—Shannon Wilson, Private Company F, Ttii \'. S. Cavalry, oniiie

following charge and specilication ;

Cii A K<; K—Ikscidoit.

Specification.—In this, tiuit he, Private Shaiuion Wilson, Company F,

7th U. S. Cavalry, having heeu duly enlisted as a soldier in the service

of the United States, did desert the same on the 17th day of Septemher,

1866, and did remain ahsent until appreliended and hrought hack, Septcni-

l)er 26th, 1866.

This at or near Fort Ki!ey, Kansas, on or about the dates ahuvu

mentioned.

To which charge and s])ecilicalion the prisoncT- pleaded as follows:

To the specification, iluiltii.

To the charge, Guillij.

VINDINd.

The Court having maturely considered the evidence adduced, contlriiis

the plea of the prisoner, and finds him as follows:

Of the specification, G'HIV/I/.

Of the charge, ihiiltij.

SKNTENt'K.

And the Court does therefore sentence him, Private Sliannon Wilson,

Company F, 7th U. S. Cavalry, to forfeit all pay and allowances now due

or that may heconie due him, (except such clothing as may be autliorizetl

l)y the commanding officer of the Post, and except the just dues of tlio laundress and sutler,) to he confined at hard labor in charge of the guard,

for six months, and then to be dishonorably discharged and trumpeted

out of the service.

• I

.,

;>(] ._Saniucl Pounds, Private Company E, oTtli V. S. Infantry, (for-

merly Company E, ;^<1 Pattalion, 19th U. S. InfiVntry,) on tlic followin.i;

chiirpc and si)eci(lcation: CitAiKiK—Sleeping on I'oat.

Specification.—In tliis, that lie, the said Samuel Pounds, Private Coni-

Miiiiy E, o7th V. S. Infantry, who was duly detailed as a oanip guard,

iind duly posted as a sentinel over the camp and wagons of a detachment

I of the 10th I'. S. Infantry, was found under a wagon asleep, hy 1st Lieu-

tenant F. D. Baldwin, o7th U. S. Infantry, hclween the hours of two and

four A. M., on or ahout the 7th day of November, IStU), while en route

from Fort Kilcy, Kansas, to Fort Ellsworth, Kansas.

To which charge and specification the i>risoncr pleaded as follows:


To the charge i^'ot Guillij.

FINDING.

The Court having maturely considered the evidence adduced, iinds the

prisoner, Private San)uel Pounds, Company F], :)7th U. S. Infantry, as

follows:

<);'tliespeclllcati()ii (iniltii.

Oitheeliarge dnUtij.

SlCNTKXCi:.

And the ('f)iirt doo-i therefore sentence him, Priva'e Samuel Pouiuls,

< (iiniiany E, .■;7lii V. S. Infantry, to he confined at hard labor, in charge

"fthe guard, for three months, and to forfeit fifteen (]•")! dollars of his

iiiontldy pay for the same period.

4th.—Daniel ()'Simnu)nds, Private Company E, -'>'/"ili I'. S. Iniantry, I'll tlic following charges and s])ecilications :

("ii.\i;<iK 1st—Deyertioii.

Specification.—ln this, that he, Private Daniel O'Simmonds, ( <iniiiaiiy

1'., o.th U. S. Infantry, having been duly enli.sted in the service of the

Inited States, did desert the same on or about the sixth day ofSepteni-

I'CT, 18(iC), and did renuiin absent until the Sth day of Sejitenibcr, ISOti,

when apprehended within twenty-five or thirty miles of Jacksonport, Ar- kansas. This at or near Jacksonport, Arkansas, on or about the dates alitive mentioned.

ilXUGF.2d—('on(lnct prejiidiriol to \:,ood order and iiiilituri/ diseijdinc.

Specification.~ln this, that he, Private Daniel O'Simmonds, Company S '^nh U. S. Infantry, did, on or about the sixth day of September, 180(J,

'^ke from the govenunent stable at Post Jack.sonport, Arkansas, one

'nule, saddle and bridle, the property of the United States, and f6r which

'^'Lieutenant F. D. Baldwin, 19th V. S. Infantry, was resi.onsible.

o

^3'.-^'«'-

I

Tliis at or near Jacksonport, Arkansas, on nv iibowt the dates above mentioned.

To which charges and specitications the prisoner pleaded as followfs; To the specification of the 1st charge, Sol Ouilhi. To tlie 1st charge, Not OuUty. To the specification of the "id charge, Ouiltv. To the •2d charge, Guilty.

KINDINC;.

The Conrt having maturely considered the evidence adduced, finds tin prisoner. Private Daniel O'Sinmionds, Company E, 37th U. S. Inl'antrv, (formerly Company E, od Battalion, I'Jth U. S. Infantry,) as follows; Of the specification of the 1st charge, Guilty. Of the 1st charge, Guilty. Of the specification of the "id charge, confirms the plea oi'the prisoner and

finds him Guilty. Of the 'M charge, ccmfinns the plea of the prisoner and finds liim Guiltii.

SKNTKNC:K.

And the Court does therefore sentence him, Private Daniel O'Siin- monds, Company E, 87th U. 8. Infantry, to be confined at hard labdi under charge of the guard for six months, and to forfeit to the United States all pay and allowances now due or that may become due him, except the just dues of the laundress and sutler, and at the expiration of his- sentence to be discharged and drummed out of service.

II The proceedings, findings and fenleuce< in the cases of Priva'c- Zebleen Gray, Company F, 7lh V. S. Cavalry, Shannon Wilson, Comiianv F, 7th U. S. Cavalry, Samuel Pounds, Company E, 37th U. 8. Infantrv. and Daniel O'Simmonds, Company E, ;>7tli L\ S. Inlantry, are approved. The sentences will be duly executed.

Ill The General Court Martial, of which Prevet Major ticiieial .^. Gibbs, Major 7th U, S. Cavalry, is President, is hereby dissolved.

By command of Major (Jencral IIANCOIK : CHAi:NCI-:Y McKEEVER,

Asiiistant Adjutant Geiural.

OFFICIAL:

Activ,'; Amstant A'l/idant Gevcrol.

II a. c. :M.

1. Private Josephu.s Shaw, Co. I), 3d U. S. Cavalry. 2. Private Daniel Coiighlin, Co. D, 3d U. 8. Cavalry. ;{. Private Henry .Sehloss, Co. D, 3d U. S. Cavalry.

II

IIEAIX^FAKTEKS DEPARTMENT OF THE MISSOUKI, » FORT LEAVKNWORTH, KANSAS, February 20, 186(i. j

(iENf:KAL ORDERS, \ No. 2<S. I

I Before a (Jencral Court Martial which convened at Fort Marcy, Xew Mexico, January 27th, 1HG7, pursuant to Special Orders, No. 8, Par. '.current series, and of which lirevet Colonel Herbert M. Enos, Capt. A. (f M., U. S. A., is President, were arraigned and tried:—

1st.—Jo.-ephus Shaw, Private (,'onipany D, 3d U. S. Cavalry, on tin following charge and specification :

CHARGK —Violation of the HUh Article af War.

Specijication.—In this, that he, Josephus Shaw, a Private of Company D,3d Regiment U. S. Cavalry, being at the time a sentinel, posted at the Post orral. Fort Marcy, New Mexico, was found sleeping on his post. All tlii(! at Fort Marcy, New Mexico, on the night of the loth day of December, 1806.

To which charge and specification the prisoner pleaded as follows : To the specification of the charge, Guilty. To the charge, Ouilty.

FINDING.

The Court having maturely considered the evidence adduced, confirmed liie plea of the prisoner, and finds him as follows : Of the specification to the charge, Guilty. f^f the charge, Guilty.

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1

[2] SENTENCE.

And the Court does therefore sentence him, Private Josephus Shaw Company D, 3d U. S. Cavalry, to he confined at liard lahor in cliarge of the guard, for the period of six months, fourteen days of wliioh time lio is to be in solitary confinement on bread and water; and to forfeit thirteen dollars per month, of his monthly pay for the period of six montlis.

2d.—Daniel Coughlin, Private Co. D, 3d U. S. Cavalry, on tlie following cliarge and specification :

CHARGE—Violation of the A5th Article of War. Specification.—In this, that he, Daniel Coughlin, a Private of Companv

D, 3d Regiment U. S. Cavalry, did, while a member of the guard, at I'ort Marcy, New Mexico, become so drunk as to be totally unfit to perform his duty. All this at Fort Marcy, New Mexico, on or about the 5th day of December, 1866.


To the specification of the charge, Guilty. To the charge,., Ouilty.

KINl)IN(i.

And the Court after maturely considering the evidence adduced, confirmed the plea of the prisoner, and finds him as follows: Of the specification to the charge, Guilty. 0{ the charge, Guilty.

SENTENCE.

And the Court does therefore sentence him. Private Daniel CoughHn, of Company D, 3d U. 8. Cavalry, to be confined in charge of the guard, for the period of six months, fourteen days in each alternate month ot which time, he shall be in solitary confinement on bread and water. The Court is thus lenient on account of the conduct of the Sergeant ot tlic guard, as appears in evidence.

3d.—Henry Schloss, Private Co. D, 3d U. S. Cavalry, on the folhwing charge and specifications: ;

CHARGE—Conduct prejudicial to good order and military discipline.

Specification 1st.—In this, that Private Henry Scliloss, Company D, 3(1 U. S. Cavalry, did, during the month of October, 1866, steal, or otherwise improperly get possession of, one revolving pistol belonging to tlu' United States, and did pawn the said pistol with a pawnbroker in the town of Santa Fe, New Mexico.

Specification 2d.—In this, that Private Henry Schloss, Company D, 'M U. S. Cavalry, while performing the duty of company clerk of his company, did steal, or otherwise improperly get pos.session of, three revolving pistols belonging to the United States, and did pawn, or procure to bo

iiawned, the isaid iiistols. This al Santa Fe, Now Mexico, between tlie 1st und .'Ust of December, 18t)(>.

To whicli charge and specifications tlie prisoner pleaded as follows : To the 1st specihcation of tlie charge, Guilty,

except the word "steal." To the 2d specihcation of the charge, Guilty.

except the word "steal." To the charge, Aot Guilty.

FINDINCi.

The Court having niatwrciy considered the evidence adduced, finds the lirisoner as follows: or tiie 1st specihcation of the charge, conhrins his i>lea and finds

him Guilty, I'xcej)! the word "steal."

01' the 2d specih<'ation of the charge, confirms his plea and finds liim Guilty, except the word "steal."

or the charge, Guilty. SKNTEX(:K.

And the Court does tlierefore sentence him, Private Henry Schloss, Company I), 8d U. >S. Cavalry, to be confined at hard labor under charge of the guard, for the period of si.x months, of which time fourteen days of each alternate month shall be solitary confinement on bread and water; and to forfeit fourteen dollars per month, of his monthly pay during the period of his confinement.

'I The proceedings, findings, and sentences in the cases of Privates Josephus Shaw, Co. I), M V. S. Cavalry, Daniel Cougldin, Co. D, 3d U. S. Cavalry, and Henry Schloss, Co. D, 3d U. S. Cavalry, are approved. The sentences will be didy executed.

ill The (Jeneral Court Marital of which Brevet Colonel Herbert M. Enosi, Capt. A. Q. M., U. S. A., is President, is hereby dissolved.

By command of Major GenersJ HANCOCK : j CHAUNCEY McKEEVEK,

Asui.ttaiit Adjutant General. OFFICIAL :

Act in f) Assistant Adjutant General.

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HEADQUAKTEKS DEPARTMENT OE THE MJSSOUKI, \ FORT LB:AVKN\v()i{Tn, KANSAS, February 2(), lS(i7. /

GENERAL ORDERS, No. 30.

"

I Before a General Court Martial, convened at Fort Eeavenworlli Kansas, January 22, 18G7, pursuant to Special Ordens, Number l(i, Para- graph 5, Current Series, from these Headquarters, and of which Brevet Major General D. S. Stanley, Colonel 22d V. S. Tnfantry, is Rresidenl. was arraigned and tried :

Second Lieutenant John R. Guthrie, loth F. S. Infantry, on the following charges and specifications :

CHARGE 1st—Conduct tmbecoining an officer and a r/enflcmun.

Specification 1st.—In this, that he, 2d Lieutenant John R. ftuthrie, l.Sth U, S. Infantry, did, in the billiard-room at the sutler's store, begin an<l engage in a quarrel and fight with Uriah Grafl", a citizen employed in the Quartermaster's Department, and did strike the said T'riah Graff on the head several times, with a billiard cue, repeating the blows until the cue was broken, to the serious injury of the said I'riaii (JrafI'; and having been separated from the said T'riah Graff, by officers, and others pret-ent. liid, without provocation, renew the assault, and continue it uniil inrcildy required to desist by parties present. This on or about the night of the 16th of January, 1867, at Fort Leavenworth, Kansas.

Specification 2d.—In this, that he, 2d Lieutenant John J5. (Juthrie, l.'ith ^- a Infantry, after the occurrences recited in the ])receding specification. •liu, without provocation, make use of grossly insulting and abusive language to, or towards 1st Lieutenant G. W. Graham, 10th U. S. Cavalry.

[2] and the said Uriah Graff, and did continue to do so for some ten or fifteen minutes; and did further, on the return of the said Ijieutenant G. W. Graham, to the room, after a few minutes absence, encourage and incite 2d Lieutenant John P. Walker, 22d U. S. Infantry, to attack said Lieu- tenant G. W. Graham, and did take part, or try to take part, in said assault. This on or about the night of the 16t)i of January, 1867, at Fort Leaven worth, Kansas.

CHARGE 2d—Disobedience of the orders of his superior officer.

Specification.—In this, that he, 2d Lieutenant John B. Guthrie, 13tliU. S. Infantry, having engaged in a quarrel, or fray, in the billiard-room at the sutler's store, and having in consequence been repeatedly ordered bv his superior officer. Captain and Brevet Brigadier General W. II. Pen- rose, 3d U. S. Infiintry, being in the execution of his office, to desist from said quarrel, or fray, and to remain q\iict, did disobey, and persist in disobeying said order. This on or about the night of the 16th of January, 1867, at Fort Leavenworth, Kansas.

CHARGE od—Violation of the '27th Article of War.

Specification.—In this, that he, 2d Lieutenant John B. Guthrie, loth U. S. Infantry, having engaged in a quarrel, or fray, in the billiard-room at the sutler's store, and having in consequence been ordered by liissuperior officer. Captain and Brevet Brigadier General W. H. Penrose, 3d U. 8. Infantry, to his quarters in arrest, did refuse to obey said order. This on or about the night of the 16th of January, 1867, at Fort Leavenworth, Kansas.

CHARGE -Ith—Drunkenness, to the prejudice of good order and military discipline.

Specification.—In this, that he, 2d Lieutenant John B. Guthrie, 13th U. S. Infantry, did enter the billiard-room at the sutler's store, in the presence of officers and citizens, while in a state of intoxication. This on or about the night of the 16th of January, 1867, at Fort Leavenworth, Kan- sas.


To the 1st specification of the 1st charge, the accused pleads in bar ot trial upon this specification, that the specification, if proved, will not sustain the charge, and therefore prays the Court to reject it for defect in being laid under that charge. It is questionable whether a quarrel with a citizen can at any time be regarded as a military ofience, for it is certain that if it result in injury to the citizen he has prompt remedy in the civil courts; but if it be allowed that in the present instance a military offence was committed, it seems certain that the facts set forth in this specification, since they allege no conduct aflfecting the honor of the accused, can only sustain a charge laid under the 99th Article of War. The gist of the

[3] offence must be supposed to lie in the fact that the accused quarreled with

a citizen employed in the Quartermaster's Department. As this is an inci-

dent likely to arise at almost any time in the experience of almost every

officer in the service, thrown into contact with men not subject to discipline,

it would be a most dangerous admission to concede that such an act con-

gtituted a dishonorable or infamous ofience.

d The Court sustained the plea of the accused.

To the 2d specification of the Lst charge, the accused pleads in bar of

trial upon this specification, want of specification as to matter to the

prejiulice of the rights <jf the accu.sed, and therefore prays the Court to

reject it as defective.

Tlie phrase "did, after the occurrences recited in the preceding speci-

lication," is of course inadmissible, since the preceding specification

is rejected; and every s[)ecification should be complete in itself. And

the phrases: "did, without jtrovocation make use of grossly abusive

and insulting language to or towards 1st I^ieutenant Cl. W. (irahani, 10th

U. S. Cavalry, and the said Uriah (Jrafl"," and " did continue to do .so for

some ten or fifteen minutes," and "did further, on the return of the s-aid

Lieutenant (Irahain to the roon), after a few minutes' absence, encourage

and incite 'Id Lieutenant .1. P. Walker, '2'2d U. S. Infantry, to attack said

Lieutenant (xrahaiu, and take part, or try to take part, in said assault,"

are also inadmissible. Tiie accused claims the right to know exactly, or

to wliat effect, was the language used, and also in what manner he did

incite 2d Lieutenant J. P. Walker, 22d V. S. Infantry, to attack said

Lieutenant G. W. (Jraham ; first, to plead in bar of trial to such language,

or to such nuinner of inciting to assault, if competent; s:econd, to disprove

the alleged language, and nuumer of inciting to assault; and, third, to

plead aiUrefois convict, or ucquit, if again arraigned for the same lan-

guage or manner of inciting to assault.

The Court sustained the plea of the accused.

To the 1st charge the accused pleads in bar of trial upon this charge

that there is no specification to sustain it, and therefore prays the Court to reject it.

The Court sustained the plea of the accused.

To the specification of the 2d charge, Not Guilty.


To the specification of the 3d charge, Hot Guilty.


To the specification of the 4th charge, Not Guilty.

To the 4th charge, Not Guilty

FIN]>IN(i.

The ("oiirt havinjr miituiely considered tlie evidence adduced, finds the accused, 2d Lieutenant Jolm J>. (luthrie, 13lh U. .S. Infantry, as follows:

Of the specification of the "id charge, Guilty. Of the 2d charge Ouilfy. Of the specification of the 3(1 charge Not Guilty. Of the :k\ cliarge, Not Guilty. Of llie specification of the 4tii charge, Not Guilty. Of the 4th charge, Not Guilty.

SEXTKNCP:.

And the Court does therefore sentence him, the said 2d Lieutenant John B. Guthrie, loth U. S. Infantry, to forfeit his monthly pay proper for one (1) month. The Court is thus lenient on account of the loose manner, as shown by the evidence, In which the order to desist from the affray, was given to the acoised.

i I The [)r<)ceedings in the foregoing case having been laid before the Major (ireneral Commanding the Department of the Missouri, the following is his decision thereon :

The two specifications to the 1st charge: "conduct unbecoming an officer and a gentleman," are similar in character to those which supported the same charge laid against Lieutenant J. P. Walker, 22d U. S. Infantry, iried before this Court. The accused pleads in bar of trial to the specifications, and to the charge, substantially the same pleas as those made by Lieutenant Walker, and the ruling of the Department Commander, upon the pleas made in his case, ap{)ly with eipial force to the case now untler consideration.

Having the fate of the charge and si)ecificati<)ns against Lieutenant Walker, which were ruled out by the Court, before him, the Judge Advo- cate failed to amend the charges and specifications against Lieutenant < ruthrie, before proceeding to trial, althongh tlie same objections held in the latter, as in the former case—nor did he make any defence against the pleas, nor remarks concerning them. It is presumed tliat the reasons therefor, were that he believed he had no right to amend the charges, after he had received them from the authority convening the Court, as set forth in his statement in the case of Lieutenant Walker.

As the remarks in Lieutenant Walker's case had not been published, previous to the trial of Lieutenant Guthrie, it need only be said in this connection, that, as the Judge Advocate was the public prosecutor, it is difficult to understand why, when he knew that similar specifications were rejected by the Court in Lieutenant Walker's case, for want of specification, he could have allowed the specifications in the case of Lieutenant

»

L5] liutlirie to be laid betbre tbo Court, without tiaiismittiiig tiieiii to tlie

Headquarters of the Department, from whicli lie received them, calling

attention to their defects if he so considered, and believed that he himself

had no authority to modify them, so as to make them technically correct. Tlie findings upon the charf^es tried by the Court are approved. The

sentence is approved, and will be duly executed.

[II The General Court Martial, of which Brevet Major General D.

S.Stanley, Colonel 22d U. S. Infantry, is President, is hereby dissolved.

By foniiiuuid of Major (Jeneral HANCOCK:

ClIAUNCEY McKEEVEK,

Anaistant Adjutant General.

OFFICIAL :

Ar.titu/ ^Ifi.iisfant Adjutant General.

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HEADQUARTERS DP:PARTMENT OF THE MISSOURI, \ FORT LEAVBNWORTH, KAXSAS. February 28, 1867. J

GENERAL ORDERS, "l No. 33. /

The action of tlie following Garrison Courts Martial having been laid

before the Major General commanding, the following are his actions

thereon:

I The proceedings, findings, and sentence in the case of Sergeant Frederick Bowers, Company I, 3d U. S, Infantry, tried for " Disobedi- ence of orders," by a Garrison Court Martial, convened at Fort Lyon, Colorado Territory, by virtue of Special Orders, No. 96, are disapjjroved. General Courts Martial alone have the power to try under this charge. (See Benet, page 42, Art. 9.) The accused will be restored to his position as Sergeant.

II The proceedings in the case of Rugler Alfred Latham, Company B, 3d U. S. Cavalry, tried by a Garrison Court Martial, convened at Fort Craig, New Mexico, by virtue of Special Orders, No. 6, for " Theft," are disapproved. This charge cannot be tried by a GarrLson Court. The charge should have been : " Conduct prejudicial to good order and military discipline," and tried before a General Court, as if the theft had been proven. A Garrison Court could not have given an adequate punishment. The acquittal is approved.

HI The proceedings and findings in the case of Ned Dorsey, unassigned Recruit, 38tli U. S. Infantry, tried before a Garrison Court Mar- tial, convened at Jefferson Barracks, Missouri, by virtue of Special Or- ders No. 16, are null and void, the record not showing that the Court was "duly" sworn. (See Holt's Digest, page 237.)

IV The proceedings, findings, and sentences in the cases of the following named men, tried by a Garrison Court Martial, convened at Fort Leavenworth, Kansas, in pursuance of General Orders, No. 55, are fatally defective, the Court having failed to complete the record in each case:

Case 2. Private Lawrence Kennedy, Co. C, 19th U. S. Infantry. Case 4. Private James Donoghue, Light Co. B, 4th U. S. Artillery.

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[2] Case 5. Lance Corporal Thomas C. Cosgrove, Co. K, 1st Batt., 13tli

U. S. Infantry. Case 6. Private John T. Gordon, Co. I, 3d Batt., 19th U. S. Infantry.

Private Henry D. Smithnrst, Co. I, 19th U. S. Infantry. Private John Smith, Light Co. B, 4th U. S. Artillery. Private Selig Freitag, Co. H, 3d Batt., 19th U. S. Infantry. Private Benjamin F. Chase, Co. I, 3d Batt., 13th U. S. In-

Private William Bisliop, Co. K, 3d Batt., 19th U. S. In-

Private James Eeilly, Co. K, 3d Batt., 19th U. S. Infantry. Private Francis McCoy, Co. K, 3d Bait., 19th U. S. In-

Private Kobert K. Low, Co. I, 1st Batt., 13th U. S. Infantry. Lance Sergeant John W. Elliott, Co. I, Lst Batt., 13th U. S.

Lance Corporal William H. Mott, Co. I, 1st Batt., 13th U.

Lance Sergeant Frederick S. Morgan, Co. K, od Batt., 19tli ry. Private John Henry, Co. K, Lst Batt., 13th U. S. Infantry. Private Martin Hart, Co. H, 3d Batt., 19th U. S. Infantry. Private Owen Cnmmings, Co. H, 3d Batt., 19ih U. S. In-

Private Jerry Marley, Co. II, 3d Batt., 19th U. S. Infantry. Private Charles Patoin, Co. I, 3d Batt., 13th U. S. Infantry. Lance Corporal James Cook, Co. I, 3d Batt., 13th U. S. In-

Private Michael Cnrley,, Co. I, 3d Batt., 13th U. S. Infantry. Private John Bourke, Co. C, 3d Batt., 19th U. S. Infantry. Sergeant Axel M. Day, Co. C, 3d Batt., 19th U. S. Infantry. Private John Scott, Co. C, 3d Batt., 19th U. S. Infantry. Private Thomas Kelly, Co. C, 3d Batt., 19th U. S. Infantry. Private Philip Murphy, Co. I, 3d Batt., 19th U. S. Infantry. Lance Sergeant Henry Oakland, Co. I, 3d Batt., 19th U. S.

Private Gottfried Schuman, Co. A, 3d Batt., 19th U. S. In- fantry.

Case 37. Private Edward Murray, Co. H, 3d Batt., 19th U. S. In- fantry.

Case 38. Private John Hubert, Co. H, 3d Batt., 19th U. S. Infantry.

The following errors occur in the record, which Judge Advocate Gen- eral Holt, in his digest, designates as fatal to the proceedings: it does not

Case 7. Case 8. Case 9. Case 10.

fantry. Case 12.

fantry. Case 13. Case 14.

fantry. Case 16. Case 17.

Infantry. Case 18.

S. Infantry Case 10.

U. S. Lnfan Case 20. Case 21. Case 22.

fantry. Case 23. Ca.se 24. Case 25.

fantry. Case 26. Case 27. Case 28. Case 29. Case 30. Case 31. Case 33.

Infantry. Case 35.

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•

[3] show how many members were present and look part in the trial. Page :J02, par. 9. The record merely states "the Conrt being in session proceeded," &c.; it does not sufficiently set fortli the organization of the Coui't. Par. 10. The record in several of the days of trial shows only that the Court "met and proceeded with the trial," &c., without setting forth how many members were present at the opening of the Court. Par. 11. The record does not show that tiie Court convened pursuant to the order constituting it, nor how many and what members were present. These defects cannot be supplied by a reference to the record of another case, tried earlier on the same day, from which it does appear that the Court was once properly orgain'zed on that day. Each record must be complete in itself. Par. 12.

The sentences of the above named men are therefore inoperative, null and void, and are hereby revoked.

Bycon)mand of .Major (it;;ieral HANCOCK:

CIIAUNCEY McKEEVER, As8i!itant Adjutant Gei:eral.

OiTici.vi,:

Actin(/ A.'isist'mt Adjutant General.

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HEADQUAETEES DEPAETMENT OF THE MISSOUEI. Port Leavenworth, Kansas, March 1st, 1867.

GENBRAii ORDERS, } No. 34. \

Upon the recommendation of their Company and Post Commanders, the unexpired portion of the sentences in the cases of Lance Corporal John McCoy and Private Patrick Byrnes of Company "K," 8rd Battalion 19th U. S. Infantry, promulgated in General Orders No. 34 from these Headquar- ters, dated December 29th, 1866, is hereby remitted. They will be released from confinement, and returned to duty.

The Major General Commanding trusts that the leniency thus shown these prisoners, will hereafter deter them from a repetition of like offences during their term of service.

By command of MAJOR GEHERAI. HANCOCK :

CHAUNCEY McKEEVEK, Assittant Adjutant General.

OFFICIAL :

Acting AMtittanl Adjutant General.

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1. John Evans, Private Co. I, 5th V. S. Infantry.

2. Daniel Gillen, Sergeant Co. I, otii U. S. Infantry.

3. Charles McReth, Corporal Co. I, oth U. S. Infantry.

4. George Self, Private Co. T, 5th U. S. Infantry.

5. John Kenimington, Corporal Co. I, 5th U. S. Infantry,

ti. Frederick Stanley, Private Co. D, 3d U. S. Cavalry.

7. .John Fisher, Private Co. G, M U. 8. Cavalry.

HE.ADQLAKTEKS DEPARTMENT OF THE MISSOUHI, 1 FORT LE.WKNAVORTH, KANSAS, Marcli 8, 1S«7. )

GENERAL OKDEKS, \ No. .'56. j

1 Before a (Jeneral Court Martial, which convened at l"'ort liiioii.

Xew Mexico, January 25th, 1867, i)ursuant to Special Orders No. 8, Par-

a^rajih 8, Current Series, from these Headquarters, and of which Prevct

Colonel E. G. Marshall, Major 5th U. S. Inl'antry, is President, weif.

"raigned and tried:

1st.—John Evans, Private Company I, 5lh C S. Infantiy. on the fol-

IwinjTeiiarjie and specification:

CiiARGK—Dexertiou.

^pecijic(ttion.~ln this, that he, Private John Evanf», Company I, 5lh

L. 8. Infantry, having heen duly enlisted in the service of the United

Elates, did desert the same, while en route to New Mexico, on or about tlieTtlidayof.July, 1866.

Towhicli charge and specification the accused pleaded as follows :

To the specification, Guiltij.

To thedurge, Gvilfy.

—

[2] I'INDlNCi.

The Court having maUirely considered the evidence adduced, confirms the plea of the prisoner, and fiiuls him, John Evans, Private Company I oth U. S. Infantry, as foUows: Of the specification, Guilty. Of the charge, Guilty.

SENTENCE.

And the Court does therefore sentence him, Private Jolin Evans, Com- pany I, 5th U. S. Infantry, to be confined at hard labor, under cliarge of the guard, for six (6) months, to forfeit all pay and allowances that are or may become due him, excei)t the just dues of the sutler and laundress, and at the end of the six months to be branded on the left lap witli the letter " D " one and a half incihes long, and be drummed out of tlie service.

2d.—^Sergeant Daniel (Tillen, Com[)any I, 'jtli U. S. Infantry, on tlie following charge and specification :

CHARGE.—Conduct to the prejudice of (jood order (tml ntilildry di.^ciplinc.

Specification.—In this, that he, Sergeant Daniel (lillen, Company I, otii U. S. Infantry, Acting (^uarternuister Sergeant, Fort I'nicm, New Mex- ico, did, without permission from proper authority, attempt to take from the Post at Fort Union, New Mexico, one team, the property of the Uni- ted States, and for which 2d Lieutenant Oranville Lewis, oth U. S. In- fantry, Acting Assistant Quartermaster, is responsible. All this at or near Fort Union, New Mexico, on or about the -ith day of January, LStiT'

To which charge and specification the accused pleaded as follows: To the specification, Not Guilty. To the charge, Not Guilty.

FiX]:)iN(;.

The Court having maturely considered the evidence adduced, finds the accused, Sergeant Daniel Gillen, Company I, 5th U. S. Infantry, Acting Quartermaster Sergeant, as follows: Of the specification, Guilty. Of the charge, Guilty.

SENTENCE. And the Court does therefore sentence him, Sergeant Daniel Gillen,

Company I, 5th U. S. Infantry, Acting Quarternuxster Sergeant, to be reduced to the ranks as a private sentinel.

3d.—Corporal Charles McBeth, Company 1, 5th U. S. Infantry, on the following charge and specification:

CHARGE—Disobedience of orderti.

Specifi,eation.--ln this, that he, Corporal Charles McBeth, of Company I, 5th U. S. Infantry, being properly detailed for guard by his 1st Ser-

geant, Jacob Sliunks, (Join[)any 1, oth U. 8. Infantry, did positively refuse to go on guard, and stated that "he would not mount guard with Corporal Koziele," or words to that efl'ect, the said Corporal Koziele belonging to Company I, ")th I'. S. Infantry. All this at Fort Union, New Mexico, on or about the Sth day of January, 1807.

To which cluirge and specitication the accused pleaded as follows:

To the sj)ecitication, Guilty. To the cliarge, Ouilty.

FINDING.

The Court having maturely considered the evidence adduced, confirms the plea of the accused, and finds him, Corporal Charles ^IcEeth, Com- pany I, oth U. 8. Infantry, as follows:


.SKNTKNCK. -^

And the Court does therefore sentence him. Corporal Charles McBeth, Company I, 5tli U. S. Infantry, to be reduced to the ranks as a private sentinel, and to be confined, in charge of the guard, for the period of three (3) months, forfeiting to the United States twelve (12) dollars of his monthly pay per month, for the same period.

4th.—(jieorge Self, Private Company I, '"ith U. S. hifantry, on the lollowing charge and specitication :

CifARfJE—Vonduct prejudicial to good order and uiilitary discipline.

Specification.—In this, that he Private George Self, Company I, 5th I . S. Infantry, did, forcibly or otherwise, enter a store-room and abstract therefrom certain articles of clothing, camp and garrison equipage, for wliich 2d Lieutenant (hanville Lewis, 5th U. S. Infantry, A. A. Q. M.. is responsible. This at or near Fort Union, New Mexico, on or about the 5th day of Jaiuiary, 18()7.

To which charge and specification the accused jjleadcd as follows:

To the specitication, Not Guilty. To the charge, Not Guilty.

FINDING.

The Court having maturely considered the evidence adduced, confirms the plea of the accused, and finds him, George Self, Private Company I, •^th U. S. Infantry, as follows:


And the Court does therefore acquit him, the said George Self, Private Company I, 5th U. S. Infantrv.

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[ + ] oth.—Corponil John Kemmington, Company I, oth U. S. Infitntrv', on

the following charge and specifications:

CHARGE—Conduct prejudicial to good order and militanj discipline.

Specification ls<.—In this, that he, Corporal John Reniniington, of Com- pany I, 5th U. S. Infantry, did, while in a state of intoxication, forcibly enter the house of Patrick Wan, a citizen employed in the Subsistence Department at Fort Union, New Mexico, and by his violent conduct compel the inmates to leave the premises for safety. All this at Fort Union, New Mexico, on or about the 22d of December, 1866.

Specification '2d.—In this, that he, CorporalJohn Kemmington, of Com- pany I, -Sth U. S. Infantry, did, while in a state of intoxication, commit an assault on Corporal Lewis Gensler, of Company I, 5th U. S. Infantry, by knocking him down and kicking him. This at Fort Union, New Mex- ico, on or about the 1st day of January, 1866.

Specification Hd.—In this, that he, Corporal John Kemmington, of Com- pany I, 5th U. S. Infantry, did use disrespectful language towards his commanding officer, Brevet Colonel Henry C. Bankhead, Captain 5th I'. S. Infantry, in words, to wit: "Colonel Bankhead is a damned fool to appoint a theif as Quartermaster vSergeant." This at Fort Union, Now Mexico, on or about the 22d day of December, 1860.

To which charge and specifications the accused pleaded as follows: To the 3d specification, Not GuiUi/. To the 2d specification, Not Guilty. To the 1st specification, Guilty-

except the words "forcibly," "and by his violcMU conduct compel tlie inmates to leave the premises."



accused, Corporal John Kemmington, Company I, 5th U. S. Infantry, as follows : Of the 1st specification, Guilty.

except the words: "forcibly," and "violent conduct." Of the 2d specification, Guilty. Of the 3d specification, Guilty. Of the charge, Guilty.

SENTKNCK.

And the Court does therefore sentence him, Corpoi-il John Kemmington, Company I, 5th U. S. Infantry, to be reduced to the ranks as a private sentinel,-to be confined at hard labor, under charge of the guard, for two 12) months, and to forfeit to the United States ten (10) dollars of his monthly pay for two (2) months.

6tli.—Fri'<lerick Staiilov, I'liviito ('ompaiiv I), od U. S. Cavalry, on the

following eliar>ic« and siR'citiration:

CllARfiK—(jondttct pifjiidiriul to good order and military dixcijdine.

Specificafion.—In this, tliat he, Frederick Stanley, a Private ofD Coni-

panv, Sd U. S. <Javalry, did, while absent on detached service, and while

away on duty from his detachment, ^at so intoxicated as to he unfit lor duty. Tiiis on or about the 17th day of January, 18^7, while escorting a

government train en route tVom Fort Snmncr, New Mc^xico, to Fort

Union, New Mexic<i.

To wliich charge and sj)eciticalioii the accu>e(l pleaded as follows:


To the charge, iV'o/ Guilty.

KINMHN(i.

Tiie Court iiaving maturely cnnsidcred tlic evidence adduced, confirms

the plea of the accused, and finds him, Frederick Stanley, Private (^'oin-

]iaiiy D, 3d V. S. Cavalry, as follows:

Of the specification, yot Guilty.

Of the charge, ^ot Guilty.

And the Court does therefore ac(piit him, tlie said Frederick Stajiley,

Private Comi)any 1), :5d 1'. S. Cavalry.

7th.—John Fisher, Private Company (T, M U. S. Cavalry, on tlie fol-

lowing charges and s})ecifications:

CHARGK 1st-—I>ruuh'unc>t.-< on duty.

Speeification.—In this, that he, Private John Fisher, Company (x, 8d

U. S. ('avalry, having been detailed for detached .service, with Sergeant

Walter Armstrong, Com})any (}, 3d U. S. Cavalry, was so drunk as to be

unfit to perform the duties of a .soldier.

('HARGE 2d—Conduct prejudicial to good order ond military dif^cipline, in

violation of the 99^/( Article of War.

SpirijicatioH.— ln this, that he, the said Private John Fisher, Company

0, ;M U. 8. Cavalry, did strike with his fist, and otherwise abuse Ser-

jeant Walter Armstrong, while lie, the said Sergeant Armstrong, was in

the execution of his duty as a non-commissioned officer. All this at or

uear the Post of Fort Union, New Mexico, on or about the 22d day of November, 186().

To which charges and specifications the accused pleaded as follows :

To the specification of the 1st charge, Not Guilty.

Tothe 1st charge, Not Guilty.

To the specification of the 2d charge, Not Guilty.

To tlie 2d charge, Not Guilty.

Hii 1911

« [6]

FINDING.

The Court Iniving maturely considered the evidence luhhiced, conHrms the plea of the accused, and hnds him, Private John Fisher, ("ompanv (), 3d U. S. Cavalry, as follows:

Of the specification of the 1st charge, JVo< Guilty. Of the 1st charge, Not Guilty. Of the specification of the 2d charge, Not Guilty. Of the 2d charge, Not Guilty.

And the Court does therefore acquit him, tlie said John Fisher, Pri- vate; Cojupany (1, 3d U. S. Cavalry.

11 The proceedings, findings and sentences in the foregoing cases of Sergeant Uaniel (xillen, Corporal John Keminington, and Cori)oral Charles McBeth, all of Company 1, 5th U. S. Infantry, are apjiroved and Cdn- lirmed, and will he carried into effect. The words " reduced to the ranks,'' are sufficiently explicit, without adding the words "as a private sentinel."

In the cases of Privates Oeorge Self, Company I, ^tii V. S. Infantrv. Frederick Stanley, Company D, 3d V. S. Infanuy, and John Fisher, Company G, 3d U. S. Infantry, the proceedings and findings are approved. The prisoners will he released from confinement and returned to duty.

These cases, as shown by the record, seem to i\ave been very loosely tried. The Judge Advocate shoiUd, in every case, have examined criti- cally the charges and specifications sent to him for trial, and if incorrect in form, or deficient in any way, he should bave corrected them before the arraignment of the prisoner; he should also be assured that be had sufficient evidence, on the part of the prosecution, to make a case, before he proceeds to trial.

In the case of Private John Evans, Company I, otb U. S. Infantry, the proceedings, finding and sentence are disapproved. The record does not contain a copy of the order convening the Court, which is fatal to the validity of the sentence; and that part of the sentence wliich refers to branding, is illegal and void, not being in conformity with (leneral Orders No. 4, War Department, Adjutant General's Office, of January 14th, 1807. The prisoner will be released from confinement and returned to duty.

[7] III The (ioneial (\)uit Martial, of wliloli Brevet Colonel E. (ji. Ma shall, Major oth [T. S. Tnlantry, is President, is hereby dissolved.

By eoiuniand of Major Geneial HANCOCK :

CIIAUNCKY McKEEVEK, Amstinit Adjutant General.

OKKFCIAL :

^^. <3^.a.,^t..^6^^/^ Actin(/ Atxistant Adjutant Oenerai.

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HEADQUAETEES DEPAETilENT OP THE MI330UEL Port Leayenworth, Kansas, March 12th, 1867.

GENERAL ORDERS, NO. 37.

The imcxpircd portion of the sentence in the case of WilHatn Babcock, late private Company "K," 10th United States Infantry, promuljjated in General Orders No. 42, Head- quarters Department of tlic Missouri, 1st Series of 1866, is hereby remitted: he will be released from confinement at the Pmitenliari/, Jefferson City Missouri.

By command of MAJOR GENERAL HANCOCK:

CHAUNCEY McKEEVER, Assistant Adjutant GeneraL

OFFICIAL

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1. James Donoghue, Private Battery B, 4th U. S. Artillery. 2. Alonzo McDugal, Private Battery B, 4th U. S. Artillery. 3. bennis Murphy, Private Battery B, 4th U. S. Artillery. 4. George PL Kingston, Sergeant Co. G, 37th U. S. Infantry. 0. Henry Bollard, Private Co. G, 37th U. S. Infantry. (). Daniel Barrett, Private Co. A, 37th U. S. Infantry. 7. .Joshua Lewis, Private Co. I, 13th U. S. Infantry, 8. Patrick Pearce, Private Co. K, 3].st U. 8. Infantry.

HEAIX^rAKTEKS DEPARTMENT OF THE MISSOURI, "I FORT LEAVENWORTH, KANSA.S, March 12, 1867. J

GENERAL ORDERS, \ No. 38. ;

r Before a General Court Martial, which convened at Fort Leaven- worth, Kansas, February 20th, 1807, pursuant to S])ecial Orders No. 37, Paragraph 1, Current Series, from these Headquarters, and of which Cap- tain R. S. LaMotte, 13th U. S. Infantry, is President, were arraigned and tried:

Ist.—.James Donoghue, Private Battery B, 4th U. S. Artillerv. on \]H-


CHARGE 1st—Violation of (he i-'ith Article of War. •'•specification.—In this, that he, the said Private James Donoghue, Bat-

'ery B, 4th U. S. Artillery, being Acting Corporal of the Battery guard i*t his company, did become so much intoxicated as to be unable to per- 'wm his duty. All this at Fort Leavenworth, Kansas, on or about the lOthday of January, 1867.

HARGE 2d—Conduct to the prejudice of good order and mililary dincipline. Specification.—In this, that he, the said Private James Donoghue, Bat-

^■7", 4th U. S. Artillery, having had his belts removed by Sergeant R.

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[2]

IJ. Tea, (Sergeant of tlie (Inarci,) did, in the absence of said Sergeant Tea commit an assault on Private George Gografe, a member of the guard hv knocking him down, beating liim upon the head and body Avith a stick of wood, and kicking him in the face and upon the liead, thereby severely wounding him and endangering his life. All this at Fort Leavenwortii, Kansas, on or about the 10th day of January, 1867.

To which charges and specifications the accused pleaded as follows :

To the specification of the 1st charge, Ouilty. To the 1st charge, Ouilty. To the specification of the 2d charge, Guilty. To the 2d charge, Guilty.

FINDING.

The Court having maturely considered the evidence adduced, confirms the plea, and finds the accused, Private James Donoghue, Battery B, 4th U. S. Artillery, as follows:

Of the specification of the 1st charge, Guilty. Of the 1st charge, Guilty. Of the specification of the 2d charge, Guilty. Of the 2d charge, Guilty.

SENTENCK.

And the Court does therefore sentence him. Private James Donoghue, Battery B, 4th U. S. Artillery, to forfeit to the United States ten dollars of his monthly pay for three months, and to be confined at hard lahor, under charge of the Post guard, for the period of three months, the first ten days of each month in solitary confinement on bread and water.

2d.—Alonzo McDugal, Private Battery B, 4th U. S. Artillery, on the following charges and specifications :

CHARGE 1st —Violation of the 21.«/ Article of War.

Specification.—In this, that he, the said Private Alonzo McDugal, Bat- tery B, 4th U. S. Artillery, did, without proper authority, absent himself from his company, from about 9 o'clock A. M. until about 4 o'clock 1*. M. on the same day. All this at Fort Leavenwortii, Kansas, on or about the 21st day of January, 1867.

CHARGE 2d—Violation of the 45^^ Article of War.

Specification.—In this, that he, the said Private Alonzo McDugal, Bat- tery B, 4th U. S. Artillery, being on patrol duty, was found so drunk as to be unfit to discharge his duties as a soldier. All this at Fort Leaven- worth, Kansas, on or about the 21at day of January, 1867.

To which charges and specifications the accused pleaded as follows: To the specification of the 1st charge, ^^o< Guiltjj.

• I

[3] To the 1st charge, iVo^ Guilty. To the specification of the 2(1 charge, Guilty. To the 2d charge, Guilty.

K1N1)IN(}.

The Court liaviiig maturely considered the evidence adduceil, finds the accused, Alonzo McDugal, Private Battery B, 4th U. .S. Artillery, as follows :

Of the specification of the 1st charge, Guilty. Of the 1st charge, Guilty. Of the specification of the 2d charge, Guilty. Of the 2d charge, Guilty.

SKXTENCK.

And the Court does therefore .sentence hiiu, Alonzo McDugal, Private Battery B, 4th U. S. Artillery, to be confined at hard lahor, in charge of the stable guard of his company, for three months, and to forfeit to the United States ten dollars of his monthly pay for the same period.

3d.—Dennis Murphy, Private Battery B, 4th U. S. Artillery, on the following charges and specifications :

CHARGE 1st—Violation of the 2]xt Article of War.

Specification.—In tbi.s, that he, the said Private Dennis Murphy, Bat- tery B, 4th U. S. Artillery, did, without proper authority, absent himself from his company from about 9 o'clock A. M. until about 4 o'clock P. M., January 21st, 1807. All thi.s at Fort Leavenworth, Kansas, on or about January 21st, 1867.

CHARGE 2d—Violation of the 4^')th Article of War.

Specification.—In this, that he, the said Private Dennis Murphy, Bat- tery B, 4th U. S. Artillery, being on patrol duty, on the evening of Jan- nary 21st, 1807, was found so drunk as to be unfit to discharge the duties of a soldier. All this at Fort Leavenworth, Kansas, on or about Janua- ry 21st, 1867.

To which charges and .-specifications the accused pleaded as follows :

To the specification of the 1st charge, Guilty, To the 1st charge, Guilty. To the specification of the 2d charge, Not Guilty. To the 2d charge, Not Guilty.

FINDING.

Ihe Court having maturely considered the evidence adduced, finds the accused. Private Dennis Murphy, Battery B, 4th U. S. Artillery, as follows:

Of the specification of the l.st charge, Guiltrj.

[1] Of the 1st charge, Guilt,,,

confirming his plea. Of the specification of the 2d charge, Qtiilty. Of the 2d charge, Guilty.

SENTENCE.

And the Court does therefore sentence him, Private Dennis Murphv, Battery B, 4th U. S. Artillery, to be confined at hard labor, in cluirge of the stable guard of his Battery, for three months, and to forfeit to the United States ten dollars of his monthly pay for the same period.

4th.—Sergeant George E. Kingston, Company (I, :'.7th U. S. Tnfantrv. on the following charges and specifications:

CHARGE 1st—Di-'^obedicnce of orden^.

Specification.—In this, that he. Sergeant George E. Kingston, Compaiiv G, 37th U. S. Infantry, having been regularly detailed for Sergeant of tlic Post Guard, did wilfully neglect to appear for guard mount on the morning of the 7th of February, 1867. All this at Fort Leavenworth, Kan- sas, on or about the 7th day of February, 1867.

CHARGE 2d—Absence without leave.

Specification.—In this, that he, Sergeant George E. Kingston, Company G, 37th U. S. Infantry, did absent himself from the garrison, without proper authority, from 7 o'clock until 10 o'clock A. M. of the 7th of Feli- ruary, 1867, knowing that he had been detailed for Sergeant of the Post Guard. All this at Fort Leavenworth, Kansas, on or about the 7th day of February, 18G7.

To which charges and specifications the accused pleaded as follows: To the specification of the 1st charge, Ouilty. To the 1st charge, Guilty. To the specification of the 2d charge, Guilty. To the 2d charge, Guilty.

FINDING.

The Court having maturely considered the evidence adduced, finds the accused, Sergeant George E. Kingston, Company 6, 37th U. S. Infantry, as follows: Of the specification of the 1st charge, Guilty. Of the 1st charge, Guilty. Of the specification of the 2d charge, Guilty. Of the 2d charge, Guilty,

thus confirming his plea. SENTENCE.

And the Court does therefore sentence him, Sergeant George E. Kings- ton, Company G, 37th U. S. Infantry, to be reduced to the ranks, and to

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be confined nt liard labor, in charge of the Post guard, for tliree months, :iMd to forfeit to tiie United State.s ten dolhirs of his montlily pay for tiie siiae period.

5th.—Henry BeUard, Private Company Cf, 37th I'. S. Infiintry, on the following charges and specifications:


Specification.—In this, that he, Private Henry Bellard, Company G, •S'th U. S. Infantry, Injing regularly detailed as teamster in the Post (Quartermaster Department, at Fort Leavenworth, Kansas, did ah.-jeni liimself from said Department from on or about the 1st day of February, until on or about the 7th day of February, 1867, without permission from proper authority. All this at P^ort Leavenworth, Kansas, on or about llie time specified.

CHAKGE "id—Xec/lert of Dntji.

Specification.—In this, that he. Private Henry Bellard, Company G, 'Mth U. S. Infantry, being regularly detailed as teamster in the Post (Quartermaster Department, Fort T.eavenworth, Kansas, and being resj)onsible for the care of one mule, the property of (he United States, did neglect to feed and water said mule from on or about the 1st day of February until on or about the 7th day of February, 1867. A 11 this at Fort Leav- enworth, Kansas, on or about the dates above specified.

CHARGE .3d—DiKohedience of orderx. Specification.- -In this, that he, Private Henry Bellard, Company G,

.'57th U. S. Infantry, being regularly detailed as teamster in the Post (Quartermaster Department, Fort Leavenworth, Kansas, did, on or about the 7th day of February, 1867, call at the office of the Post Quartermas- ter and request to be relieved from extra duty in said Department, and being ordered by Brevet Captain W. Mitchell, 3d U. S. Infantry, Post (Quartermaster, to go back to the stable and attend to his duties, he, the «ud Bellard, did disobey said order. All this at Fort Leavenworth, Kansas, on or about the 7th day of February, 1867.

To which charges and .specifications the accused pleaded as follows: To the specification of the 1st charge, Guilty. To the 1st charge, GuiUy. To the specification of the 2d charge, Guilty. To the 2d charge, Guilty. To the specification of the .3d charge, Not Guiliy. To the 3d charge, Not Guilty.


accused. Private Henry Bellard, Company G, 37th U. «. Infantry, as follows;

[6] Of the ppec-ifioatioii ot'tlie 1st chai-ge, Guilty. Of the 1st charge, Guilhj. Of the specilication of tlie 2d charge, Guilty. Of the 2(1 charge, Guilty,

confirming liis plea. Of the specification of tlie 3d cliarge, Guilty. Of the 3d charge, Guilty.

SENTENCE.

And the Court does therefore sentence Ivini, Private Henry Eellard, ('ompany G, 37th U. S. Infantry, to he confined at hard labor, breaking stones, for the period of three months, under charge of the Post guard, from Reveille until Retreat, Sundays excepted, allowing one hour f(ir dinner, and to forfeit to the United States ten dollars of his monthly pav for three months.

6th.—Daniel Barrett, Private Company A, 37th X'. S. Infantry, on the following charge and specification :

CHARGE—Violation of the AGth Article of War.

Spec iji cat ion.—In this, that he, private Daniel Barrett, ('ompany A, 37th U. S. Infantry, a duly enlisted soldier in the service of the United States, being regularly detailed as a member of the Post guard, at Port Leavenworth, Kansas, and being duly posted as a sentinel in rear of tlu' barracks of the 37th U. S. Infantry, was fouiul absent from his post, between the hours of 12 M. and 1 o'clock A. M., when visited by the officer of the day, making the grand rounds. All this at Fort Leavenworth, Kansas, on or about the 12th day of February, 18(57.

To which charge and specification the accused j)leaded as follows:


FINDING.

The Court having maturely considered the evidence adduced, finds the accused, Private Daniel Barrett, Company A, 37th U. S. Infantry, as follows :

Of the specification, Gailty. Of the charge, Ouilty.

SENTENCE.

And the Court does therefore sentence him. Private Daniel Barrett, Company A, 37th U. S. Infantry, to forfeit to the United States ten dollars of his monthly pay for one month.

7th.—.Joshua Lewis, Private Company T, 13th U. S. Infantry, on the following charge and specifications :

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[7] CHARGK—Cnnduct prejiidicidi to good order and mUitary discipline.

Specijicatiou l.s/—In this, tliat lie, Private Joshua Lewis, Company I, ];5th U. S. Infantry, did, wlicn ordered by 1st Sergeant Iânge, of said company, wliile in tlie execntion of liis otiiei', to leave the 1st .Sergeant's ijuiirters, positively refuse to do so, saying that he would he God damned if he did; he would not leave before he was ready to do so, or words to that effect. This at or near Fort Lcavenworth, Kansas, on or about the I'iHh day of January, 18()7.

Specification 2d.—In this, that he, rHvatc Joshua Lewis, Company L VMh U. S. Infantry, did, when ordered by 1st Sergeant Jânge, of said coinpany, while in the execution of his office, to leave the 1st Sergeant's (jiiaiters, reply as follows: "you (rod damned son of a bitch, ifyou speak to me again, I will knock the teeth down your throat," or words to that I'ft'eet. This at or near Fort Leavenworth, Kansas, on or about the 2yth (lay of January, 18()7.

To which charge and specifications the accused pleade<l as follows:

To the 1st specification, Guilty. To the 2d site^-ification, Guilty. To the charge, Guilty.

KIKDINC.

The Court having maturely considered the evidence adduced, finds the iiccused, Private Joshua Lewis, Company I, Kith U. S. Infantry, as follows : Of the 1st sj)ecification, Guilty. Of the 2d s})e("ificalion, Guilty, Of the charge, Guilty.

SENTKNCE.

And the Court does therefore sentence him, Private Joshua Lewis, Com- pany I, 13th U. S. Infantry, to be confined at hard labor, undercharge of the Post guard, for the {)eriod of three months.

Hth.—Patrick Pearcc, Private Company K, JHst V. S. Infantry, on the following charge and specification :

CHARGE—Conduct to the prejudice of good order and military dincipline.

Specification.—Jn this, that he, Patrick Pearce, Private K Company, •Îst U. S. Infantry, did, on or about the 18th day of January, 1867, on tiie road l)etween Fort Leavenworth and Leavenworth city, in comi)any with two other men, viz: Thomas Koach, Private 2d U. S. Cavalry, and <'harles Hogan, Private K Company, 31.st U. S. Infantry, attack two colored .soldiers, viz: Samuel Johnson, Private Company A, lOtli U. 8. Cav- alry, and John "Wilson, Private 10th U. S. Cavalry, and demand their money, and by threats and l)lows compel them to turn their pockets inside

[8]

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out for the purpofie of robbing them of their valuables. All this at or near Fort LeavenwH)rih, Kansas, on or about the 13th day of January 1867.

To which cliarge and specification the accused pleaded as follows:


FINDING.

The Court having maturely considered the evidence adduced, finds the accused, Private Patrick Pearce, Company K, 81st U. S. Infantry, as follows :

Of the specification, Guilty, except the words "and demand their money, and by llireats and blows compel them to turn their pockets inside out, for the purpose of robbing them of their valual)Ies."


SENTENCE.

And the Court does therefore sentence him, Private Patrick Pearce, Company K, 31 st U. S. Infantry, to be confined at hard labor, under charge of the Post guard, for the period of one month, the first seven days in solitary confinement on bread and water.

II The proceedings, findings and sentences in the cases of Privates Alonzo McDugal and Deiniis Murphy, both of Battery B, 4th U. S. Ar- tillery, are approved. The prisoners will be turned over to their Battery commander, who will execute the sentences.

In the case of Private James Donogluie, of Battery B, 4th U. S. Artil- lery, the proceedings and findings are approved; but that portion of the sentence which reUvtes to confinement under charge of the Post guard, and solitary confinement on bread and water, is mitigated to confinement at hard labor in charge of the stable guard of his company for three (3l months. The remainder of the sentence is approved. The prisoner will be turned over to his company commander, who will execute the sentence.

In the case of Sergeant George E. Kingston, Company G, 37th U. ^. Infantry, the proceedings, findings and sentence are approved. The prisoner will be reduced to the ranks, and the remainder of the sentence duly executed.

The proceedings, findings and sentences in the cases of Priva'es Joshua Lewis, Company I, 13th U. S. Infantry, and Patrick Pearce, Company K, 31st U. S. Infantry, are approved. The sentences will be duly executed.

In the case of Priva'.e Henry Bellard, Conipany G, 37th U.S. InTantry, the proceedings and findings are approved. That portion of the sentence r

• It f

[9] reliiting to "breaking stone!?," is i-eniitted. Under a sentence of contine-

ment at hard labor, prisoners can be i)laced at the stone-pile at any time

when tliere is no more important labor to be ])ertbrmed. The remainder

of the sentence will be dnly executed.

The i)roceedings, findings and sentence in the case of Private Daniel

IJarrett, ('onii)any A, .'!7th U. S. Infantry, are disapproved. The chargi-

iiinst enunciate some one general crime provided against by the Article

under which it is drawn- The 46th Article refers to two distinct offences:

that of sleeping on post, and leaving it before being regnlarly relieved.

The prisoner is found guilty of both of these offences, whereas the specifi-

cation charges him with having been found absent from his ])ost. He

will he released from confinement iind returned to duty.

By command of Major (icneral HANCOCK:

CHAUNCFA' McK?]EVKH,

Ansii^tanf Adjutant General. OPFICIAI. :

Actifif/ A.-'.<i.<ttuil A'J/ut,uit General.

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a. c. M.

1st Lieutenant Jnhn I'liU'oid, ;57th V. S. Infantry,

HEADQUARTERS DEPARTMENT OF THE MISSOURI, 1 FORT LEAVEXWORTJI, KANSAS, Marcli 14, 1867. J


I Before a fJeneral Court Martial, wliich convened at Fort J^'avcn- wortli, Kan.«as, February 21st, 1867, pursuant to Special Orders No. '.V.K Paragraph 3,Current Series, from these Headquarters, and of which Brevet Major General John \V. Davidson, Major 2d V. S. Cavalry, is President, was arraigned and tried :

1st Lieutenant .John Pnlford, .'utli V. S. Infantry, on the following charge and specifications:

CHARGE—Conduct unbecoming an officer and a f/enflrman.

Specification It^t.—In this, that he, the said John Pulford, 1st Lieu- tenant, 37th U. S. Infantry, did call 2d Lieutenant James W. Dixon, 3(1 L. S. Cavalry, "a damned son of a hitch" and a " Ood damned pui)py," and did strike, and pull by the hair, the said 2d Lieutenant James W. Dixon, 3d U. 8. Cavalry.

All this at the Commercial Billiard Hall, Leavenworth City, Kansas, on or about the 4th day of February, 1867.

Specification 2/ic?.—In this, that he, the said John Pulford, 1st Lieuten- ant 37th U. S. Infantry, did, upon the refusal of 2d Lieutenant Henry M. Karples, 37th IT. S. Infantry, to walk with him, call the said 2nd Lieutenant Henry M. Karples, 37th U. S. Infantry, "a damned son of a mtch," and did strike and knock him down, thereby creating a great disturbance, and causing the arrest by the police of several officers.

All this on the corner of Delaware and Third streets, Lcavenworth f'lty, Kansas, on or about the evening of the 4th day of February, 1867.


[2] T(i the l8t specification of tlie charge, Not Gnilti/. To the 2d specification of the charge, Not Guilty. To the charge Not Guilty.

FINDINCJ.

Tlie Court liaving maturely considered tlie evidence adduced, finds tlie accused, 1st Lieutenant John Pulford, 37th U. S. Infantry, as follows: Of the 1st specification Guilty,

except the words "call 2d Lieutenant James \V. Dixon, 'Ad V. S. Cav- alry, 'a damned son of a bitch,' and 'a God damned puppy,' and did strike and," but attach no criminality thereto.

Of the 2d specification, Guilty, except the words " upon the refusal of 2d Lieutenant Henry M. Karples, 37th U. S. Infantry, to walk with him, call the said Henry M. Karples, 37th U. S. Infantry,'a damned son of a bitch,'" and "great."

Of the charge, Not Guilty, but guilty of conduct to the prejudice of good order and niilitaiv discii)line.

SKXTKNC'E.

And the Court does therefore sentence him, the said 1st Lieutenant John Pulford, 37th U. 8. Infantry, to be reprimanded by the Comniancl- iiig General of the Department.

II The proceedings, findings and sentence in this case are approved; but it by no means appears from the evidence that the other officers referred to, as parties in the specifications, were not also deserving of equal censure. It is not thought just to punish this officer alone, when wliatevei; discredit which attaches to the service, resulting from this difficulty, is due toothers equally with himself.

The sentence is therefore remitted. Lieutenant Pulford will be released from arrest and returned to duty.

Ill The General Court Martial, of which Brevet Major General Jolin \V. Davidson, Major 2d U. S. Cavalry, is President, is hereby dissolved.

By command of Major General HANCOCK : CHAUNCEY McKEEVEK,


11 OFFICIAL :


G. C. M

o4 1. Wii-LiAM F. CLAUDUS, Corporal Co. G, '^AV. S. Infantry.

•1. JAMES .1. MCCORMICK, unassignod Recruit, 5th U. S. Int.

:i Hi'iin iNdBAiiAM. Private Co. K, 81st U. S. Infantiy.

4. THOMAS JJorailERTY, Private Co. C, 87tli I'. S. rnl'antry.

5. EDWARD W. GRAY, Private Co. K, ;Ust U. S. Infantry.

6. JoiiN Wn.KORD, Private Co. K, 31st U. S. Infantry.

7. THOMAS FLANNHJAN, Private Co. D, 2Uth U. 8. Infantry.

S. JOHN ML'LLEN. Private Co. K, 31st U. S. Infantry.

!). ALEXANDER EVANS, Pieeruit, lOtli U. S. Cavalrv.

HEADlH^VRTERS DEPARTMENT OF TUK MISSOURI. FORT LEAVEXwoRTir, KANSAS, Marcli 20th, 18G7.

•JENERAJ. ORDERS, | No. 44. r

1 Before a (n-neral Court Martial, which convened at Fort

Leavenwortli. Kansas, F'ebruary 20th, 1867, pursuant to Special

Orders Nu. 37. Paragraph 1, Current Series, from those Head-

'I'larters, and of whieh Captain R. S. LA MOTTE. 13th U. S.

intaiit]y. is Prcsidt^nt, were arraigned and tried:

1st.—Corporal William F. Claudius, Company 0, o7th U. S.

intaiitiy, uii tlie following charg<> and specificationa:

CffA RUE—Desertion.

Specification.—in this, that he, the said William F. Claudius,

^'orporal Company G, 37th U. S. Infantry, (late 3d Battalion.

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19th U. S. Infantry,) a duly enlisted soldier in the service of the United States, did desert the same, at or near Little Rock Arkansas, on or about the 4th day of August, 186G, and did remain absent until he surrendered himself up as a deserter, at or near Paraclifta, Arkansas, on or about the 15th dav of Septem- ber, 1866.

To which charge and specification the accused pleaded as follows : To the specification Guilty. To the charge Guiliy.

FINDING.

The Court having maturely considered the evidence adduced, finds the accused, Corporal William F. Claudius, Com- pany G, 37th U. S. Infantry, late 3d Battalion, 19th U. S. Infantry, as follows: Of the specification Guilty. Of the charge Guilty.

SENTENCE.

And the Court does therefore sentence him, the said Corpo- ral William F. Claudius, Company G, 37th U. S. Infantry, late 3d Battalion 19th U. S. Infantry, to be reduced to the ranks, to

■forfeit all ^oay and allowances now due or which may become due him during his confinement, except the just dues of the sutler and laundress, and to be confined at hard labor for the period of six months, at such military prison as the Commanding General may direct.

2d.—James J. McCormick, unassigned Recruit, 5th U. S. In- fantry, on the following charge and specification :

CHARGE—Desertion.

Specification.—In this, that he, Private James J. McCormick, t unassigned Recruit, 5th U, S. Infantry, a duly enlisted soldier in the service of the United States, did absent himself from and desert said service at or near Fort Leavenworth, Kansas, on or about the 9th day of June, 1866, and did remain absent until or about the 8th day of January, 1867, at which time he volun-

3

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tarilv 8UiTeiiilered himself to the eoinmanding officer at Fort Leaveinvorth, Kani*as.

To which charge ami ppecification the accused pleaded as

follows: To the specification Guilty. To the charge Guilty.

FINDING.

The Gourt having maturely considered the evidence adduced, finds the accused, Private James J. McCormick, unas- Mgiu'il recruit oth U. S. Infantry, as follows: (jf the specification Guilty. ()f the (dia rge Guilty.

SENTENCR.

And the Court does therefore sentence him, the said Private •lames J. McCormick, unassigned recruit 5th U. S. Infantry, to forfeit to the United States all pay and allowances now due or which may become due during his confinement, except the just dues of the sutler and laundress, and to be confined at hard labor for the period of six months, at such military prison aa the Coiumandiiitj; (leneral may direct.

3d.—Hugh lugraham, Private, Company K, 31st U. S. la- tantry, on the following charge and specifications:

CHARGE—Co)iduct to the prejudice of good order mid military discipline.

Specification \st.—ln this, that he. Private Hugh Ingraham, Company K, 31st U. S. Infantry, while in the kitchen of said '•ompaiiy, did make use of the following words or language, or words or language to the .same effect, to wit: "I would suffer ten years imprisonment in the Penitentiary to have one minutes' satisfaction to cut 1st Sergeant Edward Coulter's, Corporal John Hallenheck's and Corporal Edward McGuire's (all of Company K, SLst U. S. Infantry,) guts out. I, myself, will kilj Sergeant Edward Coulter, Corporal John Hallenbeck and Cor- poral Edward McGuire (all of Company K, 81st U. S. Infantry). 1 ('an get men enough in this company to put Sergeant Edward

4

Coulter. Corporal John Hallenbeck, and Corporal Edward Mc- Guire (all of Company K, olst U. S. Infantry) out of tlie way.'' This at Fort Leavenworth, Kansas, in or about the IGth dav of January, 18G7."

Specification 2d.—In this, that he, Private Hugh Ingrahain, Company K, 31st U. S. Infantry, while in the barracks of said company, did maliciously and without cause or [irovocation, cut at Corporal Edward McGuire, Company K, 31st U. S. Infantry, with a razor, with intent to kill said McGuire. This at Fort Leavenworth, Kansas, on or about December 4th, 1866.

/Specification 3c/.—In this, that he, Private Hugh Ingraham. Company K, 31st U. S. Infantry, while in the kitchen of said company, did maliciously and without cause or provocation cut at Private William Seymour, Company K, 31st U. S. Infantry, with a razor, with intent to take the life of said Seymour. This at Fort Leavenworth. Kansas, on or about the 7tli day of January, 1867.

To which charge and specifications the accused pleaded as follows : To the 1st speciKcation of the charge JVoi Guilty. To the 2d specification of the charge JS^ot Guilty. To the 3d specification of the charge Not Guilty. To the charge Not Guilty.

FINDING.

The Court having maturely considered the evidence li- duced, finds the accused, Private Hugh Ingraham, Company K. 31st U. S. Infantry, as follows: Of the 1st specification of the charge Guilfn.

except the words "to cut guts out " and " I myself will kill • Sergeant Edward Coulter, Corporal John Hallenbeck and

Corporal Edward McGuire. I can get men enough in this company to put Sergeant Edward Coulter, Corporal John

■ Hallenbeck and Corporal Edward McGuire out of the way.'' Of the 2d specification of the charge Guilty,

except the words " with intent to kill said McGuii'e. Of the 3d specification of the charge Not Guilty- Of the charge '^"'%

I #

i SENTENCE.

I And the Court does thprefore sentence liim, the .said Hugh In<Traham, Private Company K, 31st U. S. Infantry, to be confined under charge of the Post Guard for the period of three

I months, breaking stones from reveille until retreat, Sundays li m excppted, allowing one hour for dinnei', and to forfeit to the

1 United States ten dollars of his monthly pay for three months.

I 4tli.—Thomas Dougherty, Private, Company C, 37th U. S. Infantrv, on the following charge and .specification: CHARGE—Conduct to tJie prejudice of good order and military

discipline. Speci/ication—In this, that he, Private Thomas Dougherty, of

Company C, 37tli U. S. Infantry, did steal from the bunk of Sergeant Henry Ortlepp, of Company C, 37th U. S. Infantry, one infantry great coat, valued at twelve dollars ($12.00), and one pair of infantry bootees valued at two dollars and seventy

I cents ($2.70), the property of said Sergeant Ortlepp. All this at Fort Leavenworth, Kansas, on or about the 12th day of

I February, 18G7. To which charge and .specification the accused jdeaded as

follows: I To the specification JVoi Guilty.

To the charge JVoi Guiliy.

FINDING.

The Court having maturely considered the evidence adduced, finds the accu.^ed, Private Thomas Dougherty, Company C, 37th U. S. Infantry, as follows: Of the specification Guilty,

I ^ except the woi-ds "and one piair of infantry bootees valued at two dollars and .seventy cents ($2.70), the property of

j said Sergeant Ortlepp." Of the charge Guilty.

SENTENCE.

And the Court does therefore sentence him, the said Private ' Tlioma,s Dougherty, Company C, 37th U. S. Infantry, to be con-

1 ll

1 fined in charge of the Post Guard for the period of two months, during whi(di time to carry a knapsack weighing fifty pounds, from reveille until retreat, Sundays excepted, allowing one hour for dinner ; to carry a placard on his breast, with the word "thief" inscribed thereon, in letters six inches in lengtli ; atlhe expiration of his confinement to be drummed out of service, with placard as above described on breast and back, and to forfeit to the United States all pay and allowances now due or that may become due up to that time, except the just dues of the sutler and laundress.

5th.—Edward W. Gray, Private Company K, 31st U. S. In- fantry, on the following charges and specifications: CHARGE 1st—Conduct prejudicial to good order aud military dis-

cipline. Specification \st—In this, that he. Private Edward W. Gray,

Company K, 31st U. S. Infantry, did entei" the barracks of his company, being at the time detailed on guard duty, and did behave in an exceedingly disorderly manner, using the following language: "I will not rest until I have taken the life of 1st Sergeant Coulter and Corporal McGuire: I hav(' the weapons to do it with: as long as I ,im a soldier, I will never ask permission of a commissioned or non-commissioned officer to go any- where. You must not think I am drunk, for I am not; I mean every word I say. I will have your life," (speaking to Sergeant Coulter,) or words to this effect. All this at Fort Leavenworth. Kansas, on or about the 16tli day of January, 18G7.

Specification 2f/—In this, that he, Private Edward W. Gray, Company K, 31st U. S. Infantry, did, while in the barracks of said company, behave in a very disorderly manner, saying to Corporal McGuire : " You God damned son of a bitch, I will || ^ have your life; I take nothing back." All this at Fort Leaven- worth, Kansas, on or about the 17th day of January, 1867.

CHARGE 2d—Absence without leave.

Specification—In this, that he, Private Edward W. Gray. Company K, 31st U. S. Infantry, did absent himself from his company without proper authority, and did remain so absen

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from 9 o'clock A.M. until 4 o'clock P. M., January 17th, 1867.

All this at Fort Leavenworth, Kansas, on or about the 17th day

of January, 1867. To which charges and specifications the accused pleaded as

follows : To the 1st specification of the 1st charge Not GuiJiy.

To the 2d spe('ification of tlie 1st charge yot Ouiliy.

To the first charge Not Gxdlty.

To the specification of the 2d (diarge Guilfy.

To the 2d charge Guilty.

FINDING.

The Court having maturely considered the evidence ad-

duced, finds the accused, private Edward \V. Gray, Company K,

31st U. S. Infantry, as follows:

Of the 1st specification of the 1st charge Guilty.

Of the 2d specification of the 1st charge Gui/ty.

Of the 1st charge Gui/f7/.

Of the .specification of the 2d charge Guilty

Of the 2d charge Guilty.

SENTENCF..

And the Court does therefore sentence him, Private Edward

W Gray, Company K, olst U. S. Infantry, to be confined in

charge of the Post Guard, for the period of sixty days; to carry

a log, weighing thirty pounds, in front of the guard house,

duly, from reveille until retreat, Sundays excepted, allowing

one hour for dinner ; to forfeit to the United States all pay and

allowances now due or which may become due up to the expira-

tion of this sentence, excrpr the just dues of the sutler and

laundress, and at the expiration of his confinement to have his

head shaved and to be drummed out of service. The Court is

thus severe on account of facts elicited on thi.s case, and the

trials ot other men of the same company, showing the existence

in K company, 31st U. S. Infantry, of an organization subver-

sive of the discipline and detrimental to the efliciency of the command.

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0th.—John Wilford. Private Company K, 31st V. 8. In- lantry, on the following charges and speciiieatidus.

CHARGE 1st—Violation of the bOth Ariicic of V/ar.

t:^pecification—In this, that he. Private John Wilford. Com- pany K. 31st U. S. Infantry, having been duly detailed as a member of the Post Guard, did leave the guai'd house without permission, after the said guard had been duly mounted and entered upon its duties, and did go to the quarters of his company. All this at Fort Leavenworth, Kansas, on or about the 12th day of January, 1867.

('HAROE 2d—Conduct prejudicial to good order and military discipline.

Spccijication 1st—In this, that he, Private John Wilford, CVtmpany K, 31st IT. S. Infantry, did enter the cook house of hin company, and did seize by the throat, in a threatening manner, without provocation. Corporal John Ilallenbeck, Company K, 31st U. S. Infantry. All this at Fort Leavenworth, Kansas, on or about the 12tli day of January, 1867.

Specification 2d—In this, that he. Private John Wilford. Company K, 31st U. S. Infantiy, upon being reproved by the 1st Sergeant of the company, Edward (V)ulter, did say to said 1st Sergeant Edward Coulter. " You are a drunken son of a bitch, and I will kill you the first chance I get," or words to that eflect. All this at Fort Leavenworth, Kansas, on or about the 12th day of January, 1867.

CHARGE Sd—Drunkrn^ness on duty.

Specification—In this, that he, Private John Wilford, Company K, 31st U. S. Infantry, having been duly detailed as a member of the Post Guard, did, after the said guard had been didy mounted and entered upon its duties, become so drunk as to be unable to perform his duties as a member of said guarc All this at Fort Leavenworth, Kansas, on or about the 12tli day of January, 1867.

To which charges and specifications the accused pleaded as follows : To the specification of the 1st charge Giuwy'

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9

Tn the l^^t (.liari^e (lu'iUii.

Ti) llie 1st specification of tlic l^d charge Not (uiUt;i.

To the 2d speciricatidii (if tlie 2(1 charge Kot (lailty.

Tn tlie 2d charge Not (Unity.

Tti the specification of the 8(1 chaige Not fiuiUi/.

Tn the 8(1 charge Not duUti/.

I'JNDINU.

Tlu' Court having maturely considered the evidence ad-

duced tinds the accused. Private John Wilford. Comftany K.

;Ust r. S. Infantry, as follows : Of the specification cd' the 1st charge (iuilty.

()[ the 1st charge (iuilty.

Of the Isf specification of the 2d charge (Iuilty.

Of the 2d specification of the 2d charge (iuilty,

except the words: • And 1 will kill yon the fiist chance I

get."

<")[ the 2d charge (iuilty.

Of the specification of the 3d charge (Juilty.

Of the 8(1 (diarge Guilty.

SENTENCE.

And the Court does therefore sentence him, Pi'ivate John

Wilford, Company X, 31st U. S. Infantry, to be confined at

hard labor, under charge of the guard, for the period of six

months, the first ten (10) days of each month in solitary confine-

ment on bread and water, and to forfeit to the United States

all pay and allowances for the same period, excejit the just dues

"f the sntlei- and laundress.

7th.—Thomas Flannigan, Private Company D. 29th U. tS.

Infantry, late 3d Battalion 11th U. S. Infantry, on the follow-

ing charge and specification :

Cii A RG E—Desertion.

Specification—In this, that he. Private Thomas Pdannigan,

Company D, 29th U. S. Infantry, late 3d Battalion 11th U. S.

infantry, a duly enlisted man in the service of the United

States, did desert said service at Camp Grant, near Richmond.

10

Virginia, on or about the 15th day of August, 1866, and did remain absent until on or about the 4th day of January, 1867, when he voluntarily surrendered himself as a deserter to the City Marshal of St. Joseph, Missouri. Thirty dollars paid for his apprehension and delivery. All this at or near Richmond, Virginia, on or about the 15th day of August, 1866.

To which charge and specification the accused pleaded as follows : To the specification Guilty. To the charge Guilty.

FINDING.

The Court having maturely considered the evidence adduced, finds the accused, Thomas Flannigan, Private, Company D, 29th U. S. Infantry, late 3d Battalion 11th U. S. Infantry, as follows : Of the specification Guilty. <}f the charge Guilty.

SENTENCE.

And the Court does therefore sentence him, Thomas Flanni- gan, Private, Company D, 29th U. S. Infantry, late 3d Battalion 11th U. S. Infantry, to be confined under the charge of the Lniard for the period of three months; to make good to the t/nited States the time lost by desertion, viz: From August 15th 1866, until January 4th, 1867; to forfeit to the United

"■ States all pay and allowances for that time, and to make good I to the United States thirty dollars paid for his delivery.

8th.—John Mullen, Private, Company K, 31st U.S. Infantry, on the following charge and specification :

CHARGE 1st—Conduct to the prejudice of good order and vulddrii discipline.

Specification—In this, that he. Private John Mullen, Com- pany K, 31st United States Infantry, did, while in the barracks of his company, draw a case knife on, and rush towards Lst Sergeant Edward Coulter, Company K, 31st U. S. Infantry, saying: " You God damned son of a bitch, I will jab tnii^

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11

knife in your heart," or words to that effect, at the panie time attempting to cut said 1st Sergeant Coulter. All this at Fort Leavenworth. K;'.nsas, on or about the 17th day of January.

1867. CHARGE 2d—Absence wif/ioul leave.

Specification—In this, that he. Private John Mullen, Com- pany K. 31st U. S. Infantry, did absent himself without jier- mission from proper authority, and did remain ab'^ent from 11 o'clock A. M. until 4 o'clock P. M.. the same day. All tliis at Fort Leavenworth, Kansas, on or about the 17th day of Jan- nary. 186 7

To which charges and specifications the accus(Ml pleaded as follows : To the specification of the 1st charge Not (ruilh/. To the 1st charge Not Guilli/. To the specification of the 2d charge Not (hiilti/. To the 2d charge Not Guilti/.

FINDING.

The Court having maturely considered the evidence adduced, finds the accused, Private Juan Mullen, Company K. olst U. S. Infantry, as follows : Of the specification of the 1st charge Not (imlty. Of the Lst charge Not Guilt;/. Of the specification of the 2d charge Not Gdilfi/. Of the 2d charge ^ Not Guilt,/.

And the Court does therefore acquit him, the said Private John Mullen, Company K, 31st U. S. Infantry.

9th.—Alexander Evans, Recruit, 10th U. H. Cavalry, on thn iollowing charge and specifications :

CHARGE—Conduct prejudicial to good order arid military di'<- ciplinc

Specification 1st—In this, that he, Recruit Alexander Evans, 10th U. S. Cavalry, did, without cause or provocation, attack Recruit Samuel Brown, 10th U. S. Cav.ilry. with a shovel. All this at Fort Leavenworth, Kansas, on or about the 18th day of January. 1867.

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12

Sprr-ificafion'ld—In tliis, that he, Recruit Alexander Evans 10th U. S. Cavalry, did threaten to cut Recruit Samuel Brown, 10th U. S. Cavalry, with a knife, saying "I will cut his damned heart out," or words to that elfeet. All this at Fort Leaven- woi'th, KaiL'^as, on or ab(Mit the 18th day of January, 18G7.

Spccificatio)}. 3d—In this, that he, Recruit Alexander Evans, LOth U. S. Cavalry, did attach and cut at acting First Sergeant John Taylor. 10th U. S. Cavalry, with a knife. All this at Fort Leavenworth. Kansas, on or about the 18th day of January. 1867.

To which charge and specitication.s the accciL^ed pleaded a," follows :

To the 1st .-specification.. , yot (ruilty. To the 2d specification Xot (hdlty. To the 3d specification N'ot Guilty. To the charge Not Guilty.

I'INDING.

The Court, having maturely considered the evidence adduced. finds the accused. Recruit Alexander Evans. 10th U.S. Cavalry, IS follows :

Oi the 1st specification Guilty. Of the 2d specification (hdlty. Of the 3d specification (juilty. Of the chai-ge Guilty.

SENTENCE.

And the Court does therefore sentence him, the said Recruit .Vlexander Evans, 10th U. S. Cavalry, to be confined under charge of the Post Guard for one month, during that time to carry a knapsack Aveighing thirty pounds, from reveille until retreat, allowing one hour for dinner, Sundays excepted, and to forfeit to the United States five dollars of his monthly pay for one month.

II In the case of Corporal William F. Claudius, Company G, 37th U. S. Infantry, the proceedings and findings are approved. So much of the sentence relating to confinement at

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liaril labor foi- six uioiitljs, at such inililarv jii-i^uii us tlie C'^m-

inanding Gen-^ral directs, is iiiitignt(Ml to coiifinciuciit at hard

labor for six iii oiiths at the (tuard House of tiie Post where his

company mav be stationed, or such otliei' piison as the District

Commander may indicate. Tiic sentence as mitigated will be

carried into effect.

The proceedings, findings and sentence in tlie cas(> of Piivate

Thomas Dougherty, Company C, 37th U. 8. Infantry, ai'e dn-a])-

nroved. The evidence is entirely circumstantial and hearsay,

and altogether insufficient to sustain tlie finding. Tliere is no

testimony whatever, as shown by the record, ttiat the prisonei-

was guilty of the theft. The testimony of Colonel Moale is based

eiitirelv on information received froni the First Sergeant of hi8

Company, and is hearsay tliroughout. The First Sergeant M'as

not called before tlo' Cnui1 t" give e\-idence, as he should have

been.

In cases of this nature the j>roof should be so clear and con-

clusive that there can be no doubt of guilt ; otherwise they

should not be tried. Such findings liave a tendency to create

distrust in military law, and turnisli ample groujids for fault

fiiuling with military courts. The prisoner will be released

trom confinement and returned to duty.

In the cases of Piivates Hugh Ingrahani, Company K, 31st

U. S. Infantry; John Wilford, Company K, 31st U. S. Infantry;

Thomas Flanniga,n Company D, 29th U. "S. Infantry and Alex-

ander Evans, Recruit 10th U. S. Cavalry, the proceedings, find-

ings and sentences are approved. The sentences will be duly executed.

The proceedings and findings in the case of Private James

J. MeCurmick, unassigned Recruit 5th U. S. Infantry, are ap-

proved. The Court having unanimously recommended the pris-

oner to the clemency of the Major General Commanding, his

decision is as follows ; So much of the sentence as imposes a

loss of all pay and allowances now due, is approved and will

be duly executed. So much of the sentence as imposes a for-'

letture of all pay and allowances, tv/tic/i vwy become due during

14

lua covfincmcnt, and confinoncnt at hard labor for tlie period of HLV yno7d/is at such mdUar^/ prison as the Commanding General way direct, is mitigated to a forfeiture of ten dollars per month of his monthly pay for the period of six months.

The })risoner will be sent to Fort Riley, Kansas, with a view to his being sent to join his Company at the earliest practicable date.

In the case of Private Edward Gray, CVim})any J<, 31st U. S. Infantry, the proceedings and findings are approved. The remarks by the Court as to the severity of the punishment in this ca-e, conveys the idea that ample justice has been done. But if facts were elicited on the trial, showing clearlv the existence in this Company of an organization subversive of discipline and <letrimental to the service, and of which organization the prisoner was a member, the sentence is entirely in- adetj^uate. He should have been dishonorably discharged, and sentenced to the Penitentiary for the Italance of his term of enlistment.

The severity of the sentence, as imposed by the Court, con- sists in shaving his head and drumming out of service, the former of which is inoperative by General Order No. 4, War Department, 1867, and cannot be carried into effect, and the latter a consummation probably wished for by the prisoner. The mere drumming out of service, after a confinement of sixty days. carrying a log, would rather furnish an inducement to others ot like character to commit similar ofi'enses whereby they might be discharged the service.

Believing that the prisoner is a fit subject for discipline w the service, that portion of the sentence which refers to his head | being shaved and being drummed out of service, is disapproved. The remainder of the sentence will be duly executed.

In the case of Private John Mullen, Company K, 31st I- S. Infantry, the proceedings and findings are approved. The officer preferring these charges and the Judge Ad-

15

vocate should have known what facts eouhl have been proved, before the case was brought to trial The prisoner will be released from confinement and returned to duty.

Ill The General Court Martial, of which Captain R. S. La Motte, 13th U. S. Infantry, is President, is hereby dissolved.

By Command of Major General HANCOCK,

CHAUNCEY McKEEVER,


OFFICIAL :


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G. C. M.

Second Lieutenant II. G. CAVEXAT'OH, S7th U. S. Infantry.

HMDQUAETEES DEPARTMENT OF THE MISSOURI, Fort Leavenworth, Kansas, Marcli 21st, 1867.

GENERAL OnnERS.) No. 46. <

I.. . Before a General Court Martial, which convened at Fort Leavenworth, Kansas, March 20ih, 1867, pursuant to Special Orders No. 62, Para<iTaph 8, Curj-ont Series, from these Ilcadquartcrs, and of which Brevet Major (jcneral D. S. STANLEY, Colonel 22d U. S. Infantry, i< Prceidont, was arraigned and tried :

2;l Lieutenant II. G. Cavenau<?h, .S7th V. S. Infantry, on the following charge and specifications :

Clt\V.GK—Neglect of duly, to the prejudice of good order aiid military discipline,

Spedjicalion Int.—In this, that he, 2d Lieutenant H. G* Cavenaugh, 37th U. S. Infantry, being on duty as officer of ihc guard, and having in his charge the guard and prisoners at the main guard-house, did sutler a number of tlic iirisoncrs to behave in a very disorderly manner, by tigluiug, singing, aiif! battering the dooi's of the cells, and did l;iil to put an immediate stop to these disorders, 'i'his at Fort Leaven- worlli, Kansas, oa or about the evening of the 18th day of March, 181)7.

<perijication 2d —In tliis, tliat he, 2d Lieutenant II. G. Cavcnaugli, ofllic 37tli L'. •■?. Inlantry, being on duty as officer of the guard, and Ijaviug in his cliarge the guard and prisoners at the main guard-ijousc, did suffer tlirec of sai<l jji-is- oiicrs, viz: Privates Francis McCoy, of Company K, 37tli L'. S. Infantry, Ilugii Ingraham, oJ'Com])any K, 31st U. S. Infant- r.v,au(l Charles II. Daniels, of Company I, 13tli U. S. Infunt- ry, to break and destroy tUo stove, bujdvs and window sasU of the room in which they were confined, and did fail to take f=uch measures as would have prevented, or put a stop to tiiis ^Icstruclion of public property. This at Foi't Leavenworth,

■[2] Kansas, on or about the evening of the Ibth clay of March, 1867.

To which charge and specifications tlie accused pleaded as follows:

To the 1st specification ••••• Not Cuilly. To the 2d specilicatiou Not Gnilhj. To the charge : N-t (Juiltij.

TI»c Court having maturely coiis-idcred tlie evidence adduced, tiiid.s the accused, 2d titoutenant II. (j. Caveuaugli, 37tli U. S. Infantry, as follows:

Of tlic 1st specification — Not Cuil,'!/. Of th'j 2d specification.... Not Gi.iiltj. Of the charge • • Not Guil'ij,

And tlie Court doq.s thiM'c'orc ho.uorab'y acijuit him, 2il Liieuicnant 11. G. Cavenaugh, 37i!i U. S. Intaistry.

II. . . It is a very unusual circu;;nsta;ice, wlien )he otTu^'r , of the guard is presen', to penult sucli destruction of property, without its bgitig stopped. .

The evidence in this ca^e ^hows that the officer of the guard w«s al)se:it"fron» thi'/gua: il-housc wlien this disturbance and desiructiou uf proper;}. tool, jihu e. The wisdom is therefore shown of adhering to the rule of requiring tiic ofllcer of the guard to remain at the. guanl-house during his tour of duty. His meals can be sent to hiin by his servant.

The proceedings, findings and sentence in tlus case arc approved. Lieutenant Cavenaugh will be released from arrest and returned to duty.

III. .. The General Court Martial of whic'i Brevet Majoi- General D. S. STANLEY, Colonel 22 I U. S lufaatry, i;* Tres- ideut, is hereby dissolved.

liy Cominand of MAJOR GENER.VL ILV.NCOC K :

CIIAUNCEY McKEEVER, ;: »r.;.; ,. >,>;.,^.i.y.^ •■.< Assistant Adjutant General,

OFFICIAL: it^t'*tit\am9t&%-

Acting A»m$innt Adjutant General.

G. c. ]vr.

1. Thomas L. King, Corporal Battery C, 3d U. 8. Artillery. 2. Michael Sweet, Private Co. f], U. S. Engineer Battalion. 3. William Meier, Private Battery C, 3d V. S. Artillery. 4. John Henson, Private Co. E, U. S. Engineer Battalion. 0. Henry Clay Evans, unassigned Kecriiit, 38th U. iS. Infantry. 6. James Campbell, Kecruit, 38th U. S. Infantry. 7. Turner Crossway, Recruit, 38th U. S. Infantry. 8. Henry G. Maitland, Corporal Battery C, 3tl U. S. Artillery. 9. William White, Private Battery C, 3d U. S. Artillery.

10. Alexander Mitchell, unassigned Eecruit, 38th U. S. Infantry. 11. Kichard J^rown, unassigned Kecruit, 3Sth V. S. Infantry.

HEADQUARTERS DEPARTMENT OF THE MISSOURI, \ FORT LKAVENWOKTII, KANSAS, Mai eh 22, J807. /


' Before a General Court Martial, convened at Jefl'erson Ikirracks, Missouri, February 22d, 1867, pursuant to Special Orders No. 38, Para- Sraph 1, Current Series, from these Ileadijuarters, and of which Brevet Major General C. Grover, Lieutenant Colonel 38th U. S. Infantry, is President, were arraigned and tried:

1st.—Thomas L. King, Corporal Battery C, 3d U. S. Artillery, on the fnllowiiig charges and specifications:

CiiARfiE }f^t—Willful disobedience oj mden'.

''^pecifcati,m.~in this, that he. Corporal Thomas L. King, Battery C, "U U. S. Artillery, liaving asked permission to visit the city of Carondo- let, Missouri, from his superior officer, 2d Lieutenant J. B. Burbank, 3d Artillery, U. S. Army, and being refused, did visit the said city with-

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DUt permission from any authority whatever. This on or ahout the 8th day of February, 18(37.

CHARGE 2d—Absence irithout Irare.

Specification.—In this, that he. Corporal Tiiomas L. King, Batterv C, 3d U. S. Artillery, did absent himself from his company and station without permission from proper authority, from about 11 o'clock A. M. of February 8th, 18t)7, till about 5 o'clock on the same day. This at or near Jefferson Barracks, Missouri.


To the specification of the 1st charge, Guilty. To the 1st charge, •. tjiu%,

except the word " willful." To the specification of the 2d charge, Guiltij. To the 2d charge, Guiltij.

FINDING.

The Court having maturely considered the evidence adduced, finds the accused, Corporal Thomas L. King, Battery C, 3d V. S. Artillery, as follows : Of the specification of the 1st charge, Oitiltij. Of the 1st charge, Guilty. Of the specification of the 2d charge,., Guilty. Of the 2d charge, Vuilty.

SENTENCK.

And the Court does therefore sentence him. Corporal Th(Mnas L. King, Battery C, 3d U. S. Artillery, to be reduced to the ranks, and to forfeit to the United States all pay and allowances that may be due him at the date of the promulgation of tliis sentence.

2d.—Michael Sweet, Private Company E, U. S. Engineer Battalion, on the following charges and specifications :

CilARGK 1st—Violation of the ibth Article of War.

Specification.—In this, that he. Private Micliael Sweet, Company E,I. S. Engineer Battalion, while on duty as a sentinel at Engineer Depot, Jefferson Barracks, Missouri, was drunk. This at Engineer Depot, Jef- ferson Barracks, Missouri, on or about the ITtli of January, 1867.

CHARGE 2d—Violation of the 4C//t Article of War.

Specification.—In this, that he, Michael Sweet, Private Company E, U. S. Engineer Battalion, having been duly posted as a sentinel, did leave his post without being regularly relieved, and visit the company street, and did also visit the post of the guard without his musket. This at En- gineer Depot, Jefferson Barracks, Missouri, on or about the 17tli day ot Januarv, 1867.

I 4

[3] To wliicli charges and specifications the accused pleaded as follows :

To the specification of the 1st ciiarge, Guilty. To the 1st charge, Guilty. To the specification of the 2d charge, Guilty. To the 2d charge, Guilty.

FINDING.

Ill 4 The Court having maturely considered the evidence adduced, finds the I accused, Michael Sweet, Company E, U. S. Engineer Battalion, as fol-

: lows:

Of the specification of the 1st charge, Guilty. Of the 1st charge, Guilty. Of the specification of the 2d charge, ...ii«....;r; Guilty. Of the 2d charge, ?...i/.;:.: Guilty.

SKNTENCE.

And the Court docs therefore sentence him, Private Michael Sweet, Company E, U. S. Engineer Battalion, to be confined at hard labor, in charge of the guard, and to forfeit to the United States ten (10) dollars of ills montlily pay per month, for the period of six months each.

3(1.—Wiiiiain dicier, Private Battery C, 3d U, S. Artillery, on the following charge and specification: ' '•' "••J'«-"|':'*^«-'»«'r -

CiiAKGK—Sleeping QH poM.

Specification.—In this, that he. Private William Meier, Battery C, 3d U. S. Artillery, being a member of the Post guard at JeflPerson Barracks, Missouri, and having been duly posted u.s a sentinel over certain prisoners in the Post Guard House, did go to sleep on his post, and did remain asleep until awakened by the officer of the day. This at Jefferson Barracks, Missoirri, between the hours of 11 o'clock P. M. and 1 o'clock A. M., on or about the 11th and 12th days of December, IStK).

To which charge and .specification the accused pleaded us follows :

To the specification,. .;:f/iH^«^i;tT.';iIii;3liini^^ To the charge, .....Ji.....:...... .d\^J^^ .i^^J:{lt:L^^^^

FINDING. '^ ,. _

The Court having maturely considered the evidence adduced, finds the accused. Private William Meier, Battery C, 3d U. S. Artillery, as follows: / './ t^'i'": ■'•'"i- .,-i IKHI •

Of the specificatioTf;:.'.'..::.';:..:..............;....:.., Guilty. Of the charge, Guilty.

SKNTKNCE. 'If* '"^'^''

And the Court does therefore sentence him, Private Wniiam Meier, I^attery C, 3d U. S, Artillery, to be confined at hard labor, in charge of

[4] tlie guard, for six (6) months, and to forfeit ten (10) dollars per month of Ills montlily pay to the United States for the same period.

4tli.—John Ilenson, Private Company E, U. S. Engineer Battalion on the following charge and specitication:

CHARGE—Violation of the d9th Article of War.

Specification.—In this, tliat he. Private John Henson, Company E U. S. Engineer Battalion, did stab with a knife Private James J. Bird, Com- pany E, U. S. Engineer Battalion, and did therewith inflict several wounds upon the said Private James J. Bird, saying at tlie same time, that "I will cut your heart out; I 'd as soon cut your throat as any other man's," or words to that effect. This at Engineer Depot, Jefferson Bar- racks, Missouri, on or about the 1st of February, 1867.


To the specification, iW Guiltii. To the cliarge, Not Guilty.

P'INDING.

The Court having maturely considered tlie evidence adduced, finds the accused, John Ilenson, Private Company E, U. S. l>ngineer Battalion, as follows: Of the specification, GuiWj. Of the charge, Guilty.

SEKTEXCE.

And the Court does therefore sentence him. Private John Henson, Com- pany E, U. S. Engineer Battalion, to be confined at hard labor for the term of one year, and to forfeit to the United States ten (101 dollars of his monthly pay during each month of the same term.

5th.—Henry Clay Evans, unassigned Kecruit for the 38th U. S. Infant- ry, on the following charges and specifications;

CiiARGK 1st—De»erfion.

Specification.—In this, that he, Henry Clay Evans, nnassigned Eecriiit for the 38th Regiment of United States Infantry, having been duly enlisted into the military service of the United States, did desert therefrom, and did not return until he was brought to Jefferscm Barracks, Missouri, with a squad of recruits for the 10th U. S. Cavalry. This at or near Jefferson Barracks, Missouri, on or about the 8th day of January, A. J). 1867.

CHARGE 2d—Re-enlisting without a discharge.

Specification.—In this, that he, Henry Clay Evans, nnassigned Eecruit for the 38th U. S. Infantry, then being enlisted into the military service of the United States, in the Regiment aforesaid, did, without having been

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[5] lii.-cliarged theiofroni, enlist for the lOtli Eeginieiit I'. 8. (avitliy. This

at or near the city of St. Louis, Missouri, on or about the loth day of

January, A. D. 1867.

To which charges and specifications tiie accused |iieaded as follows :

To the specification of the 1st charge, Guilty.

To the 1st charge, Guilty. To the specification of the I'd charge, Guilty.

To the 2d charge, Guilty.

FIXDIN<i.

The Court liaving maturely considered the evidence adduced, finds tlie

accused, Henry Clay Kvans, unassigned Kecriiit fur tiie ."{Stli V. S. In-

fantry, as follows:

Of the specification of the Ist churge, Guilty.



Of the LM cliaruc Guilty.

SEXTKNCK.

And the Court does therefore sentence him, unassigned Hecruit Henry

• lay Evans, 38th Eegiment V. S. Infantry, to be confined at hard labor,

in charge of the guard, for six months, to forfeit all pay and allowances

that are or may be due him, and to forfeit ten <l(illars per month of Iiis

monthly pay for six months.

0th.—James Campbell, Kecruit .'58tli l'. S. Infantry, on the following

charge and specification:

CHAU(;K—Viokitioti uf thii AtU/i Artivh- of War.

Specijication.—In this, that he, James Campbell, Eecruit ;Wfh U. S.

Infantry, while a memljer of the Post guard at JeHerson Barracks, Mis-

souri, did quit said guard at about 9 o'clock .\. M., January 25t]i, 1807,

without leave or urgent necesHity, and did not return to it during its tour,

fhis at Jefferson Barracks, Missouri, on or about the 2oth day of Janu- ary, 1867.


Tothespccificatloji, JS'ot Guilty. To the charge, Xo/ Guilty.

FINDIXd.

Ihe Court haviiig maturely considered the evidence adduced, finds the

"wused, James Campl>ell, Recruit 3«tli U. S. Infantry, as follows:

"f the specification, Guilty.

Ofthe charge, ^'ot Guilty,

out guilty of "quitting his guard Mithout leave or urgent necessity."

ti

[0] SKNTKNCE.

And the (!()iirt does tlierefore sentence him, Eecruit James Campbell 38th U. S. Infantry, to be confined at liard labor for three (3) months and to forfeit ten (10) dollars of his monthly pay per month for the same ])erIod.

7th.—Turner Crossway, Ilecruit 38th U. S. Infantry, on tlie following charge and specification:

CHARGE—Neglect o/ duty.

Specification.—In this, tliat he, Turner Crossway, iniassigned Recruit of the 38th U. S. Infantry, a duly posted sentinel of the Post guard at Jef- erson IJarracks, Missouri, did allow, through gross carelessness, Jamef (ribson, unassigncd Kecruit of the 38th U. S. Infantry, to escape from iiis confinement at this Post. This at Jefferson Barracks, Missouri, on or about the 18tli day of January, 1867.

To wliicli cluirge and specification tlie prisoner pleaded as follows:

To the specification, Not Guilty. To the charge, Not Oulltf

FINDING.

The Court having maturely considered the evidence adduced, finds tiif accused, Turner Crossway, unassigned Kecruit of the 38th U. S. Infantry, as follows:

Of the specification, Guilty. Of the charge, Guiltii.

SENTENCE.

And the Court does therefore sentence him, Kecruit Turner Crossway, 38th U. S. Infantry, to be confined at hard labor for three (3) months, and to forfeit to the United States "ten dollars per month of his monthly pay for the same period. , . , ^ . ,

8th.—Corporal Henry O. Maitland, Battery C, 3d U. 8. Artillery, on the following charges and specifications:

CHARGE 1st—Conduct to the prejudice of good order and military dimplwf.

Specification.~\n this, that he. Corporal Henry G. Maitland, of Light Battery C, 3d U. S. Artillery, being in charge of a party of prisoners at work, did permit said party to procure liquor and get drunk. This at Jefferson Barracks, Missouri, on or about the 18tli day of January, l«f"-


Specification.~ln this, that he, Corporal Henry Cx. Maitland, of Light Battery C, 3d U. S. Artillery, a duly enlisted soldier in the service of the United States, did absent himself without authority, and attempt to desert

[7] the said service, on the evening- of the l.Sth of Februnrv, ]HC>7. Tliis at Jefferson Barracks, Missouri.

('HAEGESd—Conduct to the prejudice of good order and military discipline.

Specification.—In this, that he, Corporal Jienry (r. Maithmd, of Light Battcrv C, 3d U. S. Artillery, did steal, take and carry away, one(l) pair of shoes, (value $3.00,) the property of Corporal Charles McMul-

^lenofsame Battery. Also one (1) pair of boots, (value $4.00,) the property of the United States. Tills at Jefferson Barracks. Missouri, on or about the 18th day of February, 18G7.

To which charges and specifications tlie accused pleaded as folhnvs: To the specification of the 1st charge, yot Guilty. To the 1st charge Not Chiilty. To the specification of the 2d charge, Not Guilty. To the 2d charge, Not Guilty. To the specification of the ."Id charge, Guilty. To the 3d charge, Guilty.

FINI)IN(i.

Tlie Court having maturely considered the evidence addiu-ed, finds the accused. Corporal Jlenry (J. Maithmd, of Ligiit Battery (;, 3d 17. S. Ar- tillery, as follows:

Of the specification of the 1st charge, Not Guilty. Of the 1st charge, Not Guilty. Of the specification of the 2d charge, , Not Guilty. Of the 2d charge, Not Guilty. Of the specification of the 3d charge, Guilty. Of the 3d charge,.. ..'.'^:.'.'.:..1'.'..^."...« Guilty.

ii,„.y»tt .,■• ' '• i'l,'';: - TrT'n.it^sii ' SKXtEXCE.

And the Court does therefore sentence liini, C'orjjoral lltiiry (i. Mait- land, Battery C, 3d U. S. Artillery, to bo reduced to the ranks, and to iiave his chevrons torn off" in the presence of his Company, to be confined iit hard labor for four (4) calendar months, and to forfeit all pay for the «inie jHriod.

!)lh,-Wiiliam White, Private of Liglit Baltery C, 3d V. S. Artillery, on the following charges and .specifications :

CHABCK Ist.—Desertion.

Specification.—h\ this, that he, William While, Piivate of Light Battery C, 3d U. S. Artillerj-, a duly enlisted soldier in the service of the United States, did absent himself without authority, and attempt to de, sertthe said service, on the evening of on or about the 18th day of Feb- fi'ary, 1867. This at Jeffcr.son Barracks, Missouri.

'^■'■

[8] CHAROK 2d.—Conduct to the prejudice of good order and military disclplint.

iSpeciJicaion—In this, that he, William White, Private of Light Batterv C, 3d U. S. Artillery, did aid and abet Corporal Henry G. Maitland, same Battery, in stealing, taking and carrying awny one (1) pair shoes, (valued $0.00,) the property of Corporal Charles McMullen, of Light Battery C- 3d U. S. Artillery, also one (1) pair boots, (valued $4.00), tlie propertv of the United States. This at Jefferson Barracks, Missouri, on or about' February 18th, 1867

To which charges and specifications the accused pleaded as follows: To the snecification of the 1st charge, Not Guiliy. To the 1st charge Not Guilty. To the specification of the 2d charge, Not Guilty. To the 2d charge Not Guilty.

FINDIXr.

The Court having maturely considered the evidence adduced, finds the accused, William White, Private of Light Battery C, 3d U. S. Artillery. as follows: Of the specification of the 1st charge, Not GuHiy. Of the 1st charge Not Guiliy. Of the specification of the 2d charge Not Guil'y. Of the 2d charge, Not Guiliy

And the Court does therefore acquit him, William White, Private ot Light Battery C, 3d U. S. Artillery.

10th.—Alexander Mitchell, uiuxssigned Recruit, 38th U. S. Infantry, on the following charges and specifications:

CHAK«;K 1st. — Disobedience of orders.

Spec'^calim.—In this, that he, unassigned Recruit Alexander Mitchell. 38th U. S. Infantry, having been detailed by the commanding officer ol his detachment as a nurse in the small-pox ward of the Post Hospital, and ordered by such commanding officer not to visit the quarters of his detachment, or mingle with the men quartered therein, did disobey such order, and repeatedly visit such quarters. This at or near Jefferson Barracks, Missouri, on or about the ath and 11th day of January, A. 0 1867. CiiARdE 2d —Conduct to the prejudice of good order and military discipline.

Specification.—In this, that he, unassigned Recruit Alexander Mitchell 38th U. S. Infantry, did, while at Post Hospital, Jefferson Barracks, Mis- souri, appropriate for his own use and purposes various articles of clothing belonging to other patients of the Post Hospital, namely: 2 shirts, each valued at $2.50,1 hat-cord for hat, (Engineer,) value 25 cis, and

•

1'

[9] various other articles. Tills at Post Hospital, Jefferson Barracks, .Mis- souri, during the month of January, 1807.

To which charges and specifications the accused pleaded as follows : To the specification of the 1st charge, Not Ouilty. To the 1st charge, Noi Guilty. To the specification of the 2d charge, Not Guilty. To the 2d charge, Not Guihy^

FINDING.

The Court having maturely considered the evidence addiieod, finds the iiccnsed, Alexander Mitchell, unassigned Recruit 3Hth U. S. Infantry,

as follows: Of the Specification of the 1st charge, Guilty. Of the 1st charge •. Gvi ty. Of the specification of the 2d charge Gmlly,

except the wonls "various" "1 Hat-cord, (Engineer) valued 2o cts., and various other articles."

Of the 2d charge, Guilty. .'^KNTKXCK.

And the Court does therefore sentence him, unassigned Jlecruit Alex- ander Mitchell, 38th U. S. Infantry, to be confined at hard labor for the fioriod of si.x months, and to forfeit all jiay now due or that may become due to the date of the expiration of his sentence.

llth.—Richard Brown, Recruit .'iSth U. S. Infantry, on the following charge and specification:

Q\\\ w\ v..—Desertion. ^pcc'ficatior).—In this, that he, Richard Brown, unassigned Recruit

H8th U. S. Infantry, having been duly enlisted into the military service of the United States, did absent himself therefrom and did desert the same, and remain absent without authority or permission, until lie was arrested and brought back to his detachment, at Jefferson Bar- racks, Missouri. This at or near the said Barracks, on or about the 14th January, 18(i7.

To which charge and specification the accused pleaded as follows: To the specification, Not Gvilty. To the charge, ■ A^^^ Guilty.

FINDING.

fhe Court having maturely considered the evidence adduced, finds the iieoused, Richard Brown, unassigned Recruit .'38th U. S. Infantry, as follows:

Of the specification, Guilty. Of the charge, (^^^iUy,

w

'H|!l|

[10]

SENTHXCK.

And the Court does therefore sentence him, Ricliard Brown, unasslgned Recruit 3Hth U. S: Infantry, to be confined at hard labor for one year and to forfeit all pay now due him, or that may become due him for the same period.

II The proceedings and findings in the case of Corporal Tliomas L. King, Battery C, 3d U. S. Artillery, Are approved: The Court having recommended him to clemency, the sentence is remitted. He will be released from arrest and returned to duty.

The proceedings and findings in the cases of Privates Michael Sweet, Company E, U. S. Engineer Battalion, William Meier, Battery C. 3d U. S. Artillery, John Henson, Company E, U. S Engineer Battalion, James CAmpbell, Henry Clay Evans, Ricihard Brown, Turner Crpssway and Alex- ander Mitchell, Recruits of the 38th U. S. Infantry, and Corporal Henrv (r. Maitland, Battery C, 3d U S. Artillery, are approved. No places of confinement being designated in the sentences of each of these prisoners, they will be confined at hati labor, in charge of the Guard, at the Posts where their respective companies may be stationed, for the periods mentioned in their sentences. The remainder of their sentences will be duly executed.

In the case of Private William White, Battery C, 3d U. S. Artillery the proceedings and findings are approved, The prisoner will be released from confinement and returned to duty.

Ill The General Court Martial, of which Brevet Major General C. Grover, Lieutenant Colonel 38th U. S. Infantry, is President, is hereby dissolved.

. By command of Major General HANCOCK : l,^_, CHAUNCEY McKEEVER,

A)>sig(ant Adjutant General,

OFFICIAI, MI^ io nr.


I a. c. IM:.

1, William Jone-^, socoiicl class Private, Ordiiiince Detacliiiieiit, worth Arsenal, Kansas.

± James Moore, second class Private, Ordnance Detachment, worth Arsenal, Kansas.

:i. .Joseph Cusack, second class Private, Ordnance Detachment, wortli Arsenal, Kansas.

4. William Kearney, Private Co. II, oTtli U. S. Infantry. .'). William F. King, Private Co. A, 37th V. S. Infantry. (i. Ira Chamberlain, Private Battery B, 4th V. S. Artillery. 7. John Adams, Private Co. H, 37th U. S. Infantry.

Leaven-

Lcaven-

Leaven-

HEADQUAKTEKS DKPAKTMENT OF THE MISSOUKI, \ FORT LJJAVENWOKTU, KANSAS, March :23, ]8()7. J

} (iEXEKAL ORDERS,

No. 48.

1 Before a General Court Martial, which convened at Fort Leaven- worth, Kansas, March 16th, 1867, i)ursuant to Special Orders No. 59, I'aragraph 1, Current Series, from these Headquarters, and of wliich Cap- tain K. S. LaMotte, 13tli U. S. Infantry, is President, were arraigned and tried:

1st.—Second class Private William Jones, of tlie Ordnance Detachment stationed at Leavenworth Arsenal, Kansas, on tlic following charge and specification:

CHARGE—QuitibKj hi)< guard in violation of the oOth Article of War. Specification.—\n this, that he, second class Private William Jones, of

the Ordnance Detachment stationed at Leavenworth Arsenal, Kansas, liavlng been duly detailed and mounted for guard at tlie Leavenworth Arsenal on the 9th day of March, 1867, did (juit his guard without permission on the afternoon of the same day, and did not return until after 'lie guard had been released on tlie following dav.

[2] To which cliarge and specitication tlie prisoner pleaded as follows:

To the specification, Guiltij. To the charge, Gu%.

FINDINC;.

Tiie Court having maturely considered the evidence adduced, confirms the plea of the prisoner, and finds him as follows:


SENTENCE.

And the C'ourt does therefore sentence him, second class Private William Jones, Ordnance Detachment, Leavenworth Arsenal, Fort Leavenworth, Kansas, to forfeit ten dollars per month of his monthly jiay for three months, and to be confined at hard labor, under charge of such guard as the Comnumding General may direct, for the period of four months.

2d.—Second class Private James Moore, Ordnance detachment stationed at Leavenworth Arsenal, Fort Leavenworth, Kansas, on the following charge and specification:

CHARGE—Quitting Ai'.s guard in violation of the 50//( Avtick nj Wnr.

Specification.—In this, that he, second class Private James Moore, of the Detachment of Ordnance stationed at the Leavenworth Arsenal, Kansas, having been duly detailed, and mounted i"or guard at the Leav- enworth Arsenal on the 7th day of March, 1867, did quit his guard without permission on the afternoon of the same day, and did not return until the next day.

To which charge and specification the prisoner pleaded as follows: ■ To the specification, 2^ot Griilty. To the charge, Not Guilty.

I'lNPING.

The Court having maturely considered the evideiu>e adduced, finds the prisoner, second class Private James Moore, Ordnance Detaclinient, Leav- enworth Arsenal, Fort Leavenworth, Kansas, as i'oUows:


SENTENCE.

And the Court does therefore sentence him, said second class Private James Moore, Ordnance Detachment, Leavenworth Arsenal, Fort Leaven- worth, Kansas, to forfeit to the United States ten dollars per month of his monthly pay for three months, and to be confined at hard labor for four months, under charge of such guard as the Commanding General shall direct.

t*

i»

[3] 3(]_—Second class Private Joseph C'usack, Ordniuicc Detacliinent, Leav-

iinvorth Arsenal, Fort Lcavemvorth, Kansas, on the following charge

;m(l specitication:

('I[AIU;K—Ahxent ui'thout leave.

Specijicdtion.—In this, that he, second class Private Joseph Cusack, of

tlie Ordnance Detacliment stationed at Leavenworth Arsenal, Kansas, did

leave his post, withont permission from his comniaTiding oHicer, on the

afternoon of the 9th day of March, 1867, and did remain so absent vuitil

tlie evening of the 11th day of March, 1867.

To wliicli charge and spct'ification the prisoner pleaded as follows :

To the speciticatioJi, Not Guilty.

To the charge, Ovilty.

KlNUIN(i.

The Court liaving matinely considered the evidence adduced, finds the

lirisoner, second class Private Joseph Cusack, of Ordnance Detachment,

Leavenworth Arsenal, Fort Leavenworth, Kansas, as follows:

Of thes])ecification,... Guilty. Of tjie charge, Guilty.

SKNTKNCE.

And the Court does therefore sentence him, second class Private Joseph

Ciisack, Ordnance De.achnienf, Leavenworth Arsenal, Fort Leavenworth,

Kansas, tu he confined at hard labor, under charge of the Post guard,

rort Leavenvvortii, Kansas, for the period of one month, and to forfeit

Ins pay for the same period, except the just dues of the sutler and laun- (h-ess,

4th.—William Kearney, I'rivafe Company 11, 37th U. S. Infantry,

I'll the following charge and specification:

CHARGE—Ahaence without leave.

Specificatinn.~\n this, that he. Private William Kearney, Company II,

"thU. S. Infantry, being a duly enlisted man in the service of the

I nited States, did absent himself from the same on or about the .Sd day

1^ <it March, 18()7, and did remain absent until he was apprehended by Ser-

;'eant Joseph II. Duval, Company H, 37th U. S. Infantry, in the city of

heavenworth, Kansas, „„ the 8th day of March, 1867. Thirty dollars paid

'•"• apprehension. All this at Fort Leavenworth, Kansas, on or about the •''I flay of March, 1867.

lo which charge and sj)ccificati(.n the prisoner iileaded as follows:


'""'^^^''"•5?^. Guilty.

slllj

PENDING.

The (V)urt luivinf>- maturely considered tlic evidence adduced, confirms the plea of the prisoner and finds him, Private William Kearney, Com- pany IF, 37th U. S. Infantry, as follows:

Of the specification, Guiltii. Of the charge, Gulll>j.

SEXTENCE.

And the Court does therefore sentence him, Private William Kearnev, Company H, 37th T'. S. Infantry, to forfeit to the United States ten dollars per month of his monthly pay for three months, and to he confineii at hard lahor, under charge of the Post guard. Fort Leavenworth, Kan- sas, for the same period.

5th.—William F. King, Private Company A, 37th I". S. Infantry, on the following charges and specifications :

CHARGE 1st—Abxenre vithout leave.

Specification.—In this, that he, the said Private William F. King, Com- pany A, 37th U. S. Infantry, did ahsent himself from his company ami quarters withovit permission from proper authority, on or about the night of the 26th of February, 1867, and did remain absent until after Keveilli' on the morning of the 27th of February, 1867.

CHARGE 2d—Conduct to the prejudice of good order and military discipline-

Specification.—In this, that he, the said Private William F. King, Com- pany A, 37th U. S. Infantry, did steal a revolver from Private Walter Brown, Company A, 37th U. S. Infantry, and did sell, pawn, or in some way dispose of the said revolver, on or about the night of the 26thof Feli- ruary, 1867. All this at or near Fort Leavcnworth, Kansas, on or about the 26th day of February, 1867.

To which charges and specifications the prisoner pleaded as follows:

To the specification of the 1st charge, Not Guilty. To the 1st charge Not Guilty- To the specification of the 2d charge, Guilty- To the 2d charge, Not Guilty-

FINDING.

The Court having maturely considered the evidence adduced, finds t''^' prisoner, Private William F. King, Company A, 37th U. S. Infantry, a> follows: Of the specification of the 1st charge, ^"'"•''' Of the 1st charge, ^"|"^- Of the specification of the 2d charge, ^"'/'^' Of the 2d charge, ^"'"^'

r«

[5] SKNTKNCK.

Ami tilt' Court dot's tlii'ioforo sfiitenct.' Iiiiii, Piivatc \\'illiiiiii 1"". Kiiij;,

( nmjiaiiy A, .'iTth l'. S. liilhiitrv, to forlVit to tin- I'liiti-d Stiiti-s ton dol-

lars oClu.s iiioiitlilv pay lor oiu' iiiontli, jind to lui-nk stone, under eliarge of the Post guard, Fort Leavenwoilli, Kansas, every day, Sundays cx-

ceiited, allowing one hour for dinner, I'roni IJeveille to Retreat, tor two

lIKllltllS.

(ilh.—Ira (:liaudterlain, Private Paltery J!. 4lli V. S. Artillery, on the

Iblldwing cliarKt' and s|)e('ili('ation :

CuAlUiK—DexcrtiiDt.

SpeciJicatiDn.— In this, tiiat the said Private Ira ('handterlain, Battery

B, 4th U. S. Artillery, a duly enlisted soldier in the service of the United

States, did desert tlie same at Fort Leavcnworth, Kansas, on or about the

lid day (if I)eeend)er, I860, and did remain absent until hrougiit back un-

der custody on the Kith day of March, 1S()7. Thirty dollars |?;.'50) reward

paid for his apprehension. This at Fort Leavenworth, Kansas, on or

ai)out the date^? specified.

To which charge and specilication the prisoner pleaded as follows:

To the specification Guiltii. Ti) the charge, Guilti/.

j-rNi)iN(;.

The Court having maturely considered the evidence adduced, confirms

the plea of the prisoner and finds him. Private Ira Chamberlain, Battery

B, 4th U. S. Artillery, as follows :



.SKNTP:NC'K.

And the Court does therefore sentence him. Private Ira Cliamberlain,

Battery B, 4th U. S. Artillery, to forfeit all pay to the United States that

1^ now due him or which may become due him, except the just dues of tlie

laundress and sutler, for the period of six months, and to break stone

under charge of the Post [guard. Fort Leavenworth, Kansas, every day trnm Reveille to Retreat, for the same period, Sundays excepted, allowing one hour for dinner each day.

'th.—John Adams, Private Company H, 37th U. S. Infantry, on the t'ollowing charge and specification :

^■'^-nG-E—Brunl-enness, to the prejudice of good order and military dim-

cipline.

[6] Specijication.—In tliis, tliat lie, Private .loliii Adiuns, II Companv, ;{7tli

r. S. Infantry, lvavin<j been rej^iilarly detailed on duty in the Post Hos- pital as Cook, did beeonie so drunk 1)y the use of intoxieatinj; liquors, as to be unable to perform his ^noper duties. This at Fort Leavenwortli, Kansas, during the 15th day of March, 18(!7.


To thespeciiication, Gnilt)j. To the charge, Guilty.

FINDING.

The Court having maturely considered the evidence adduced, confirms the plea of the prisoner, and finds him. Private .J(>hn Adams, Conipaiiv II, 37th U. S. Infantry as follows:

Of the speciiication, Guilty. Of the chai'ge, Guilty.

SENTENCK.

And the Court does therefore sentence him. Private John Adams, t'om- {lauy II, 37th U. 8. Infantry, to be confined in charge of the Post ii\iim\ at Fort Leavenworth, [Kansas, at hard labor, for the period of tiftwn days.

II The i)roceedings, findings and sentences in the foregoing cases oi Privates William F. King, Company A, 37th U. S. Infantry, William Kearney, Comi)any II, 37th T'^. 8. Infantry, and Ira (^hamberlain, Bat- tery B, 4th r. S. Artillery, are approved. The sentences will be diilv executed.

In the case of Private .John Adams, Company II, 37th I'. S. Infantry, the proceedings and findings are approved. The sentence will be carried into execution under charge of his Regimental guard; and the prisoner will be turned over to his Kegimental Commander for that purpose.

The proceedings, findings and sentences in the cases of second class In- vates AVilliam Jones and James Moore, of the Detachment of Ordnance at Leavenworth Arsenal, are approved. The prisoners will be confined under charge of the guard at the Leavenworth Arsenal, and the sentences ^^ duly executed.

In the case of second class Private Joseph Cusack, of the Ordnance De- tachment at Leavenworth Arsenal, the proceedings and findings are approved. The prisoner will be confined at Jiard labor under charge of the guard at Leavenworth Arsenal, and the remainder of the sentence wii

duly executed.

jet-^^

HI The (Jeneiiil Coiirt Martial, of wliic'li Captain K. S. LaMotte, l.'Jtli r. S. Infantrv, is I'rcsidetit, is iiereln- (HssolverJ.

15y command of Major (4cMioral HANCOCK :

(ITATNCEY McKKKVKK, Ax.vsfant Adjutant General.

OFFICIAI, :

Acting AK-'>i\<tiinf AdjidAnt General.

#1

I 1 '■'■

1 ■

1 ■*•?'

PI^H

i 1 , i

IWi

• ' 'l.ll

HEADQUAKTEES DEPARTMENT OE THE MISSOURI, Port Leavenworth, Kansas, March 23rd, 1867.

GEXEKAL ORDERS, ) No. 49. i

Upon the recommendation of the Post Commander, so much of the unexpired portion of the sentence of Private Thomas Ransom, Company ''A," 8rd U. S. Cuvalry, promulgated in General Orders Xo. 17, Current 6( ries, from these Headquarters, as confines him for two (2) months at hard labor, in cliarge of a guard, is hereby remitted.

By Command of MAJOR GENERAL HANCOCK :

CHAUNCEY McKEEVER,


OFFICIAL:

Acting Assistant Adjtitant General.

\i

HEADQUAKTEKS DEPAETMEKT QT TEE MISECUEL Port Leavenwortli, Kansas, March 26tb, 1867.

GENERAL ORDERS, ) No. 50. \

Upon the recommendation of his post coinmandci", tlie nnexpired portion of the sentence in the case of Private William McNamara, Company "I," 13th U. S. Infantry, promulgated in Genei-al Orders, Xo. 84, Scries of 1866. from these Head- quarters, is hereby remitted.

By Command of MAJOR GENERAL IIAXCOCK :

CHAUNCEY McKEEVER,


OFFICIAL

Acting Am$tant Adjutant Gtneral.

HEADQUAKTEES DEPAETMENT OF THE MISSOUEL Fort Leavenworth, Kansas, March 25tti 1867.

OENERATJ ORDERS, ; No 51. ::

The uncxpired jJOiHon of the sentence in the case of Tay- lor Lau'sun, late uiia-signcd re4Tuit, 13lh U. S. Infantry, pro- miilguted ill Cicncrul Ordt-rs No. 40, 1st Scries of 1866, from those Headquarters, is hereby remitted : lie will be released from contiueiiient at the Penitentiary, Jellerson City, JVlis- souri.

By command of MAJOR GFNERAL HANCOCK:

CIIAUXCEY McKEEVER, Assistant Adjutant General.

OFFICIAL:

Acting Assistant Adjutant dfeneraL

a. c. iM.

1. Tlioniiis E. frreet), Private C'ompany C, 24th II. S. Infantry.

2. Charier^ Sclioeftier, Trivate Light Battery C, 3d U. S. Artillery.

.1 Abner I'attee, Private Company E, U. S. Engineer Battalion.

4. Franklin Irvine, Musician Company E, U. S. Engineer Battalion.

TIKADgrAKTERS DEPARTMENT OF THE M1SS()LTKI,\ FoiiT LKAVKNWOUTJI, KANSAS, March 29, 1807. j

<-EXKKAL ORDERS, 1 No. .")6. /

' Keforc a General Court Martial, which convened at .leff'erson liarracks, Missouri, March lOth, 18(57, jmrsuant to Special Ordern No.

■", Paraxra])!! IV, Current Series, from tliese Ileadipiarters, and of

wliich Brevet Colonel JI. (}. (iibson. Captain ;5d V. S. Artillery, is Presi-

dent, were arraigned and tried :

1st.—Thomas E. Oreen, Private of Company C, 24th U. S. Infantry, on

llie following charge and specification :

CH A KOK—Deyertiou.

Specification.—\n this, that he, Thomas E. Oreen, Private of Company

t!, 24th U. S. Infantry, beiugduly enlisted in the service of the Unite<l J^tates, (lid desert the same on or about the 12lh day of FYdjruarv, 1867.

This at camp of 24th V. S. Infantry, Vicksburg, Mississippi.

To which charge and specification the prisoner pleaded as follows : specification, G„i/<y. To thi

To the charge Guilti/.

FINDINO.

The Court having maturely considered the evidence adduced, finds the Pi-isoner, Thomas E. Oreen, Private Con.i.anv C, 24th V. S. Infantrv, as lollows: ■ . ! . >

i

^^:#I'M!I

'■ \j'

[2] Of the specification, Guilhi

Of the charge, G'laV/v.

SKNTKXCK.

And the Court does therefore sentence him. Private Thomas K. (ireen,

Company C, 24tli U. S. Infantry, to he confined at hard labor for six

calendar months, and to forfeit to the United States all pay for the siinii'

period.

2d.—Charles Schoeflter, Private Light Battery C, 3d I'. S. Artillerv, on the following charge and specification :

CliARfiK—De.-<crfioii.

Specification.—Jn this, that he, Private Cliarles Sclioeft'ier, of Lifrlii

Battery C, 3d U. S. Artillery, a duly enlisted soldier in tlie service of tlic

United States, did, while a prisoner under charge of the StahletJiiard, es-

cape from his sentry and desert the service at Jetl'erson Barracks, Mis-

souri, on or about the 29th day of January, 1S()7, and did remain absent

until apprehended at Saint Louis, Missouri, on or about the I8th dav of

February, 1867. Thirty dollars reward j)aid for liis apprehension. This

on or about the time above specified.

To which cliarge and specification the pristmer pleaded as follows:

To the specification, Giiillij.

To the charge, Guiltij.

FINDINC.

The Court having maturely considered the evidence adduced, C()iifiriii>

the plea of the prisoner, and finds him. Private Charles Schoeffter, I.iglii

Battery C, 3d U. S. Artillery, as follows:

Of the specification, 6'MI7/I/.

Of the charge, GMI%.

iSENTENCK.

And the Court does therefore sentence him. Private Charles Schoeflkr,

of Light Battery C, 3d U. S. Artillery, to be confined at hard labor fnr

six calendar months, and to forfeit all pay to the United States for the

same period.

3d.—Abner Pattee, Private Company E, U. S. Engineer Battalion, on

the following charge and .specification:

CHARGE—Absence without leave.

Specification.—In this, that he, Private Abner Pattee, of Company 1-. U. S. Engineer Battalion, was absent from his Company, without permif-

sion from proper authority, from 5 o'clock P. M. on or about the 21st ot

February, 1867, until 5 o'clock P. M. on or about the 2.3d of February,

1867. This at Engineer Depot, Jeft'erson Barracks, Missouri.

.

[3.] Til wliicli charge and siieciticatiDii tlu- prisoner pleaded as follows:


To the eharf;e Clniltii.

The Cimrt having maturely considered llie evidence adduced, confirms

the plea of the prisoner, and finds liin), I*riva!e Aimer I'attee, Cunipany

E, U. S. Engineer Battalion, as follows:

Of the specification, Guilti/.

Of the charge, Giiilfi/.

SKNTKXCK.

And the Court does therefore sentence him, I'rivali' Ahncr I'atlce,

Company E, U. S. P]ngineer Battalion, to forfeit to the I'nited States ten

dollars of his nioiuhly pay for one calendar month.

4th.—Franklin Irvine, Musician Company K, I . S. Engineer Bat

talioii, on the following charge and specification :

Cif.V K(i K—Desert ion.

Specification.—In this, that he. Musician Franklin Irvine, C-idnpany !•],

r. S. Engineer Battalion, having heen duly eidisted into the .service of

the United States, did desert the same on or ai)oiit the Utth day of No-

vember, 18(!t), and remain ahscnt until arrested and returned to his

Company, on or ahout the '2'2(i of .January, 18()7, T'lii>iat Engineer De- pot, Jefferson Barracks, Missouri.

To which charge and specification the ]»risoiier i)leadcd as follows:

To the specifipation, Guilty.


FiNurxti.

The Court having maturely considered the evidence adduced, confirms

the plea of the prisoner, and finds liim, Musician Franklin Irvine, Com-

pany Y,, U. S. Engineer JJattalion, as follows:

Of the .specification, Guilty.


SENTKNt'E.

And the (!ourt doe.s therefore sentence him. Musician Franklin Irvine,

Company E, U. S. Engineer Battalion, to be confined at hard labor for

SIX calendar months, and to forfeit all pay to the I'nited Slates for the ■iame period.

' The proceedings, tindings and sentences in the cases of Private

<|harle.s Schoeffter, Light Battery C, M U. S. Artillery, and Musician

I'ranklin Irvine, Company E, U. S. P:ngineer Battalion, are approved.

mM

\j' ' 'I

[4] The prisoners will be confined at hard labor, under charge of the guard of the Post where their Companies may be stationed, for the periods nioti- tioned, and the remainder of their sentences will be duly executed.

In the case of Private Thomas E. Green, Company E, 24th U. S. In- fantry, the proceedings and findings are approved. The stoppage of piiv will be made by the proper officer, and the prisoner will be confined at hard labor, under charge of the guard, at JeflTerson Barracks, until such time as he can be sent to the Post where his Company may be serviiif;.

Tn the case of Private Abner Pattee, Company E, V. S. Engineer Bat- talion, the proceedings and findings are api)roved. The sentence will he duly executed.

Ill The (xcneral (iourt Martial, of which Hrcve' Colonel II. G. (Hbson, Captain '.'>d U. S. Artillery, is President, is hereby dissolved.

By comtnatid of Major (ieneral HANCOCK:

CII.Vl'XCEY McKKEVEK, Asuiatant Adjutant Cenfrul.

OKFIOIAT, :

2^<^. Y^^^^-^ Actinrj Assistant AJjulJiit General.

<

I a. c. ]M.

(George Barnard, Kecriiit, attiu-Iicd to Conipany 15, otii U. S. Infuntrv James Dalov, Private ( oinpany E, 5th U. S. Infantry. James Martin, Private Company li, otli U. S. Tnfantry.

IIEADt^lAKTElW DEPARTMENT OF TJIE MJS.soUlil, "t PORT LII;AVKNWOKTH, KANSAS, Marcli -M), J867. /

(GENERAL OPDERS No. 57. ■}

r Before a (reneral Court Martial whieli eonvened at Fort IJayard, Xew Me.^ieo, February 12tli, LS67, pursuant to Speeial Orders No. 8, i'ariijjrapti VI, Current Series, from these Headquarters, and of which Lieutenant Colonel Alexander Dunean, 125tli U. S. C. Troojjs, is Presi- ilent, were arraigned and tried :

1st.—freorge Barnard, Recruit, attached to Company B, otii V. S. Tn- laiitry, on the following charges and specifications :

CHABOE 1st—DcKertion.

Specijiealioit.—In this, that Recruit George Barnard, attaciied to Com- |wny B, 5th IJ. S. Infantry, having been duly moinited as a member of tlie main guard, did desert his guard and company, and remain absent iiiitil the 15th day of November, 1806. This at Fort Bayard, New Mex-

t| ieo, between the 11th day of November, 1806, and the 15th day of No- vember, LSGt).

'^iiARGK 2d—Conduct to the prejudice of good order and military discipline.

Specilication.~Jn this, that Recruit George Barnard, attached to Com- pany R, .5tli U. >S. Infantry, who deserted from the camp at Fort Bayard, Xew Mexico, on or about the morning of the 11th day of November, 18fi<), did, without permission, take or steal from the Post Quartermaster's picket line, one grey horse, with which horse he was absent until the 15th

[2] (lay of November, 1866. This at Fort Bayard, New Mexico, between the 11th day of November, 1866, and the loth day of November, 1866.


To the specification of the 1st charge, Not Guilty. To the 1st charge Not Guilty. To the specification of the 2d charge, Not Guilty. To the 2d charge, Nut Guilty.

FINDING.

The Court having maturely considered the evidence adduced, finds the prisoner, George Barnard, Recruit, attached to Company B, 5th U.S.In- fantry, as follows: Of the specification of the 1st charge, Gvilty. Of the 1st charge, Guilty. Of the specification of the 2d charge, Guilty. Of the 2d charge, Guilty.

SENTENCE.

And the Court does therefore sentence him. Recruit George Barnard, attached to Company B, 5th U. S. Infantry, to forfeit to the United States all pay or emoluments which are now or may become due him, except just dues of the laundress and sutler, and then to be drummed out of the camp of his company, and dishonorably discharged the service of the United States.

2d.—James Daley, Private Company F., 5th I^. S. Infantry, on the following charge and specification:

CHARGE—Violation of the Aolh Article of War.

Specification.—In this, that he, Private James Daley, Company E, Tith U. S. Infantry, being a member of the guard, and regularly posted as a sentinel over certain tents containing Ordnance stores, was so drunk as to be unable to perform the duties of a sentinel in a projjcr manner. This at Fort Bayard, New Mexico, on or about the 7th of November, 1866.

To which charge and specification the prisoner pleaded as follows: To the specification, Not Guilty. To the charge, Not Guilty.

FINDING.

The Court having maturely considered the evidence adduced, finds the prisoner, James Daley, Private Company E, 5th U. S. Infantry, as follow?:

Of the specification, GuiHl except the words " and regularly posted as a sentinel over certaui ten > containing Ordnance stores."

Of the charge, ^"'''^'

i

,.

(♦

[3] SKNTENCK.

\w] the Court does therefore sentence liini, Private James Daley, Com- I aiiv K oth U. S. InAxntry, to be eontined at hard labor, in charge of the ■nmrd for thirty days, and to forfeit to the United States his pay for the -aiiie period, except just dues of the sutler and laundress. To walk the ring in front of the guard house from reveille till retreat, carrying a log weighing forty (40) pounds, allowing one half hour at each meal.

;^_jan)es Martin, Private Company B, oth U. S. Infantry, on the Idllowing charges and specifications:

CHARGP: 1st—Desertion. Specification.—In tliis, that Private James Martin, Company P, 5th U.

S. Infantry, did desert his post while herder of cattle, at Fort Payard, iin the 12th day of December, IH66, and remain absent until apprehended at Members Kiver, New Mexico, on the loth day of Decemlxir, 1866. This at Fort Payard, New Mexico, on the 12th day of December, 1866.

CHARGE 2d—Condurt to the prejudice of good order and military dixeipline.

Specification.—In this, that Private James Martin, Company P, oth I'. S. Inlantry, did, on the 12th day of Decen)ber, 1866, leave his post, as lierder of cattle, at Fort Payard, and did steal and take with him, with tiie intention of appropriating to his own use, one horse, the private property of a citizen at Fort Payard ; also, the following articles belonging to tlie United States, and for which Lieutenant A. K. Kepner, A. A. Q. M. at Fort Bayard, New Mexico, was responsible; viz: one (1) McCIellen saddle, one (1) carbine and sling, thirty (30) rounds carbine ammunition, line (1) riding bridle, one (1) lariat and picket pin, one (1) sursingle, one (1) spur and strap. Total money value of the articles above menti(med, •S')6.1(). This at Fort Payard, New Mexico, on the 12th day of Decem- l>er, 1806.

To which charges and specifications the prisoner pleaded as follows: To the specification of the 1st charge, JNW Guilty. To the 1st charge, Not Guilty,

but guilty of absence without leave. To the specification of the 2d charge, Guilty. To the 2d charge, Guilty.

FIXDIXG.

Tlie Court having maturely considered the evidence adduced, finds the prisoner, James Martin, Private Company P, oth U. S. Infantry, as Ibllows:

•>f the specification of the 1st charge, Guilty. Of the Ist charge, Guilty.

Ofthe specification of the 2d charge, Guilty. Of the 2d charge, Guilty.

#i w \j '

■|l

SENTENCE.

And tlie Court does therefore sentenee liini, Private James Miutin, ('oiiipany B, r)tli U. S. Infantry, to forfeit to the United States all pav or emoluments which are now or may become due liini, except just diu's of the sutler and laundress, and then to he drummed out of tlie camp of his com])any, and dislionoiahly discharged tlie service of the United States.

II The proceedings, findings and sentence in the case of Private James Martin, Company B, ")th U. 8. Infantry, are approved. The sentence will be duly executed.

In the case of Private James Daley, Company E, oth I'. S. Infantrv. the proceedings and findings are approved. So much of the sentence as imposes a forfeiture of pay, being iiioj)erative, is remitted. The remainder of the sentence is mitigated to confinement at hard labor, under ciiaij;c of the Post guard, for the period of thirty days.

In the case of Pecruit (leorge Parnard, attached to ('om|)any B, oili 1". S. Infantry, the evidence does not sustain tlie findings of the Court. The 1st charge should have been laid under tlie 5(»lh Article of War, as it is clearly shown that the prisoner voluntarily returned to his company after an absence of only four days. The proceedings, findings and sentence are disapproved. The prisoner will be released from conlinenient and returned to duty.

Ill The General Court Martial of whicfi Lieutenant ( olonel Alex- ander Duncan, 12-')th I'. S. C. Troops, is President, is hereby dissolvoil.

By command of Major General HANCOCK : CHAUXCEY :MCKEEVEK,

AifKUtant Adjutant General.

OFFICIAL :

AitiiKj Ax.-iMiint Adjutant General.

11

'I a. c. M:.

1. John Moore, Private Company 1<\ 8cl U. S. Infantry. 2. Patrick Quinnan, Private Company F, 3d U. S. Infantry. 3. William .SkuUy, Private Company F, 3d U. 8. Infantry. 4. James Marsihall, Private Company K, 7tli U. S. ('avalry. 5. George Hart, Private Company A, 3d l'. S. Infantry, 6. James W. TuUoch, Private Company A, 3d U. S. Infantry. 7. Thomas Sullivan, Private Company A, 3d U. H. Infantry.

i\

,,

HEADQUARTERS DEPARTMENT OF TIIK MISSOUKI,) FoiiT LKAVKNWOKTU, KANSAS, April 1, 1867. /"

UENERAL OKDERS, \ No. ')8. j

I Before a General Court Martial, •which convened at Fort Dodge, Kansas, December 20th, 1866, pursuant to Special Orders No. 91, Heries of 186G, from these Headquarters, and of which Major Henr}- Doufflas, M U. S. Infantry, is President, were arraigned and tried;

1st.—John Moore, Private Company F, 3d U. S. Infantry, on the following charge and sped ticat ion :

tiiARGK—('onduct prejudicial to good order and military discipline.

'SpeciJIcation.—^n this, that he. Private John Moore, Company F, 3<l 'Regiment U. S. Infantry, when being taken to tbe guard house, did resist !iml strike Sergeant John Swartz, of Company 11, 3d U. S. Infantry, whilst in the execution of his duty. This at Fort Ellsworth, Kansas, on the 2.')th day of September, 1866.

lo which charge and specification the prisoner pleaded as follows : To the specification, Not Guilty. To the charge, JSot Guilty.

[2] Fixmxo.

Tlie Court having maturely considered tlie evidence adduced, finds tlie j)risoner, Private John Moore, Company F, 3d I'. S. Infantry, as follows; Of the spccilication, JV'oif Guilty. Of the charge, Xol Guiltij.

And tlie Court does therefore acquit him, Private John Moore, Com- pany F, 3d V. S. Infantry.

2d.—Patrick Quinnan, Private Company F, 3tl U, S. Xiifautry, ontlie following charge and specification: M^f^,^«f iiwaiilff wi'

CHARGE—DrunkenneH^ on duti/.

Specification.—In this, that he, Private Patrick Quinnan, of ('onipany F, 3d U. Sv Infantry, having been duly detailed as member of the guard, mounted on the 24th of September, 1860, and whilst a member of the guard, did get so much under the influence of liquor as to be unable to perform his duties properly. This at Fort Ellsworth, Kansas, on tl:e 24th day of September, ISGC).


To the specification, Not Guilty. To the ciiarge, Not Guiltij.

FINDIXU.

The Court having maturely considered the evidence adduced, finds tlie prisoner, Private Patrick Quinnan, Company F, 3d C S. lul'aiitry, as follows: ■ Of the specification, Guilty. Of the charge, Guilty.

SENTENCK.

And the Court does therefore sentence him, Private Patrick Quinnan, Company F, 3d U. S. Infantry, to be confined in Post guard house for the period of one month, and to carry a log weighing thirty (30) poiuids, each alternate hour from reveille until tattoo, every day, during that period.

3d.—William Skully, Private Company F, 3d U. S. Infantry, on the following charges and specifications:


Specification.—Ill this, that he, Private William Skully, Conii>an)f, 3d U. S. Infantry, did absent himself without proper authority, from his company, on the night of the 23d, or morning of the 24th of September, 186(), and did remain absent until the evening of the 2oth of September, 186G. All this at or near Fort Ellsworth, Kansas, on or about the nig''' of the 23d or morning of the 24th of September, 1866.

,.

[3] Cu.\lie.K 2(1—Theft.

SpcnUcatton.—û tliis, that he, Private William Skully, Company F,

M U. S. Infantry, did steal or take a horse, one riding saddle, one riding

hridle the property of the United States, for which 2d Lieutenant Stan-

lev A. Brown, 3d H. H. Infantry, A. A. Q; M., is responsible, from the

corral at Fort P>lls\vortli, Kansas, on the night of the 23d, or morning

'» (if the 24th of September, 1866, and did sell, lose, or otherwise dispose of the above mentioned horse, riding saddle, and riding bridle, the property

of theUnited States. All this at or near Fort Ellsworth, Kansas, on or

aliimt the night of tlie 2 kl, or morning of the 24th of September, 1866.

To which charges and specilieations the prisoner pleaded as follows:

To the specification of the 1st charge Guilty.

To the 1st charge, .....^...'.J,. Gnitty.

To the specihcation ot the 2il charge, J\of (juilty.

To the 2(1 (liarge, Not Guilty.

KIM)lX(i.

The Court having maturely considered the evidence adduced, finds thf

prisoner. Private William Skully, Company Y, .'5d V. S. Infantry, as fol-

lows :



Ofthc specification of the 2d charge, .iî^'i'.'itSetl'.'JVo^ Gvilfy.

Of the 2tl charge, i....r.7 ......'..Not Guilty.

And tiic Court docs therefore sentence him, Private William Skully,

Company F, ."W U. S. Infantry, to forfeit to the United States (So) five dollars of his monthly pay for one month.

4th.—.James Marshall, Private Troop K, 7tlj U. S. Cavalry, on the following charge and specification :

CnxRGE—Violation oj the 45M Article oj War.

^peciJirMtion.~ln this, that Private James Marshall, 'JVoop K, 7th U.

' Cavalry, after being duly placed on guard and ])Osted as a wntinel wan ft (otiiid so (hunk while on his post, as to be unable to perform his duty

properly. This on post No. 1 of the main guard at Fort Dodge, Kan.iat>,

"1 or about the night of December 2()th, or morning of December -■'<!, 1800.

lo which ciiarge and siiecification the prisoner ])leaded as follows:

'J;'tlie specification, JSô< Guiltij.

lothe charge, jSô< Guilty.

[4] FISniNC.

The Court having maturely eonsidered tlie evidence adduced, finds the prisoner, Private James Marsliall, Troop K, 7tli U. S. Cavalry, as follows : Of the specification, Guilty. Of the charge, GuUltj.

SP:NTKNCK.

And the Court does tlierefore sentence him, I'rivate James Marshall, Troop K, 7th U. S. Cavalry, to be confined in the Post guard house, for the period of one month, and to carry a log weighing tliirty pound?!, each alternate hour, from reveille until tattoo, everyday during that period.

5th.—George ITart, Private Company A, 'M\ W S. Infantry, on the following charges and .specifications:

CHABGK l.st—DcxertioH.

Specification.—-In this, that he, Private (ieorge Ilarl, of Company A, 3d U. S. Infantry, a duly enlisted soldier in the service of the United States, did de-sert from said service, on or about the night of the 21st of December, 186G, and did remain absent from said service until apprehended and delivered up as a prisoner at Fort Dodge, Kansas, on the night of the 2l8t of December, 1860. This at Fort Dodge, Kansas, on or about the date above specified.

CHAKGE 2d—Leaving fiif po)<t williout aiithoriti/.

Specification.—In this, that he. Private (ieorge Hart, of Company A, 3d U. S. Infantry, having been regularly posted as a sentinel on the niglit of the 21st December, 18(i6, on guard on cavalry stable, he, the said George Hart, Private Company A, 3d U. S. Infantry, did, without being regularly relieved, leave his post, and did desert therefrom. This at Fort Dodge, Kansas, on or about the night of the 21st December, 1866.

(■ilAiiGE 3d—Conduct prejudicial to good order and military discipline-

Specification—In this, that he. Private George Hart, Company A, Hd U. S. Infantry, a duly enlisted soldier in the service of the United States, did, on the night of the 21st December, 1866, take from the cavalry J stable or corral adjacent thereto, one public mule, the property of the ^ United States, for which Ist Lieutenant G. II. Wallace, 3d U.S. In- fantry, and A. A. Q. M., is responsible. This at Fort Dodge, Kansas, on or about the night of 21st December, 1866.


To the specification of the 1st charge, "'"^^' To the 1st charge, ^"j To the specification of the 2d charge,

II

[5] To the-id charge, Guilty. To the speciiicatioii of the 'M cliiirgt.' Guilty. To the 3d charge, Guilty.

KINUIX;. . „ 4.^11 'Jill! '■

The Court liaying niatiirely considered tlie evidence adduced, finds tlie prisoner, Private (Jeorge Hart, Company A, od U. S. Infantry, as follows:

Of the specification of tlie 1st charge, Guilty. Of the 1st charge, Guilty. Of the speciiicatiou of the lid I'harge, Guilty. Of the :id charge Guilty. or the specification of the .'5d charge, Guilty. Of the M charge, Guilty.

SKNTEXCK.

And the Court does therefore i^entence liini, Private (Jeorge Hart, (lompany A, 3d U. S. Infantry, to be confined at hard labor for one year, at such place as the ])roper authority may designate, and at the expiration of that period, to be dishonorably discharged from the service of the United States, with forfeiinrc of nil pay and aHnwancc-;, excejtt tlie just (lues of the hnifidress.

t)lh.—James W. Tulloch, Private Comjumy A, 3d U. .S. Infantry, on the following charges and specifications:

CHAROE lut—Violafion of the Aoth'Article of War.

Specilication.—In this, that he, Private James W. Tulloch, Company A, 3d U. S. Infantry, having been duly appi)inlod a Lance Corporal in Ills company and having been duly detailed as a non-commissioned officer '»!' the main guard at Fort Dodge, Kansas, did while coninianding said Siiard, become so drunk as to be unable to perform his duty.

(HARGK 2(1—Vondifct prejudicial to good order <ind military discipline.

Specijicafion.—In this, that he. Private James W. Tulloch, Company A, •W U. S. Infantry, then a Lance Corjioral in hie company, did, after having been duly detailed for guard and placed in command of the main guard at niastation, appear in the presence of his guard in a grossly intoxicated con- 'htion, and did lie down in the shelter of his guard and ))ecome so stupid trom the eflects of intoxicating drink as to be insensible and unable to siand when his guard was visited about midnight by the officer of the day, fiT the time being. This at Fort Dodge, Kansas, on or about the night "f December 20th or morning of December 21 si, 1866.

To which charges and specifications the prisoner j^leaded as follows :

To the specification of the 1st charge, Not Guilty. To the 1st charge, Not Guilty.

mmw [6] To the specification of" the 'M charge, Not Guilhi.

To the 2d charge Not Guiltij.

KIN'IHNfi.

The (Jourt having maturely considered tlie evidence adduced, finds tlu-

prisoner, Jantes W. TiiHoeh, Private ('ompany A, 'M V. 8. In.'antrv, as

follows:

Oflhe speciticathjii of" the 1st cliarge, Guilty.

Of" the 1st charge, Guilti).

Of the speeitit;alion of tlie 2d cliarge, Guilty.

Of the 2d charge, Guillii.

SK.\TEX<;K.

And the Court does therefore sentence him, Private James W. Ttdiocli,

Company A, 3d U. S. Infantry, to he confined under charge of the guard

for the period of two months, to carry a log weigiiing thirty pounds.

(^very tilternate hour every day from reveille to tattoo for one month, an<l

U> forfeit to the UftUcU State- ten dollars ($10) of IMH monthly pay for two months. 'iHuoA '

7tli.-—Thomas Sullivan, I'rivate Company A, 3d I'. S. Infantry, on tht

following charges and specificaticins;

CitARGE 1st—(^uittin;! Afs poxl without hfinjj regularly relieved, in violating

of the 4()th Article of War.

Specification.— In this, that he, Private Thomas Sullivan, Company A,

."kl Kegiment U.S. Infantry, having been duly posted as a sentinel on

\o. 1 post of his guard, did quit his j)ost without being regularly relieved,

and did go into the shelter where the guard that he belonged to was sta-

tioned. All this at or near Fort Dodge, Kansas, on or about the lOtli

day of December, IHOCu

()HAR(;E 2d—(,'onduct prejudicial to good order and viUitary diaeipUm.

Specification.—In this, that he, Private Thomas Sullivan, ('omi)any A, .'id

Regiment U. S. Infantry, when ordered to go on post, after having been

duly detailed and reported for guard duty, did fail to obey the said order

promptly, and did use threatening language to the Sergeant of his guard,

as follows: "God damn you, I will run my bayonet through yiu, of

words to that cflect. All this at or near Fort Dc^dge, Kansas, on orabaut

the lUth day of December, ISGG. ; ?Jil u^

To which charges and specifications the prisoner plc.'ttled ha follows;

To the .specification of the 1st charge, A'"' <^'«'%- To the 1st charge .;..k>;^L:;«J.Vliv.AV GuiltH'

To the specification of the 2d charge, ...........^ot Guilty-

To the 2d charge, xY(// 6W%.

(It

I*

[7] FixnrNii. ;' r

The Court liaviiij; maturely considered the evidence adduced, finds the prisoner, Private Tlionias Sullivan, (.'ompany A, ',U\ I'.S. Infantry, as follows: Of the specification of the 1st charge, Guilty. Of the 1st charge, GuiUy. Of the specification of the 2d charge, -..^Gwiity. Of the 2d charge, Guilfy.

SENTENCK.

And the Court does therefore sentence him, Private Thomas Sullivan, Company A, M V. S. 1 nfantry, to be confined at hard labor in charge of the (juard, with shackles upon each ankle, connected by a chain tliirty inches in length, for the period of six months, and at the expiration of tliat time to be dishonorably discharged and drummed out of the service, with forfeiture of all pay and allowances which are now. or which may l)ecome due, excepting the just dues of the laundress. The sentence to be exc- (•uted at such place as the (ieneral commanding the Department may liesignate.

II The proceedings and findings in the case of I'rivate John Moore, (Jompany F, 3d I'. S. Infantry, are approved. The prisoner will be released from confinement and returned to duty.

In the cases of Privates James Marshall, Company K, 7th U. S. Cav- alry, Patrick Quinnan, Company F, 3d U. S. Infantry, William Skully, Company F, 3d U. S. Infantry, and James W. Tulloch, Company A, 3d U. S. Infantry, the proceedings and I'indings are approved, and the sentences will be duly executed.

In the case of Private Thomas Sullivan, ('ompany A, ."M V. S. Infantry, the proceedings and findings are approved. The sentence is mitigated to torfeituroof all pay and allowances now due him. and to confinement at hard labor for the period of six months, under charge of the guard at the I'ost where his company may be serving.

In the case of Private George Hart, Company A, lid U. S. Infantry, the proceedings and findings are approved. The sentence is mitigated to forfeiture of his monthly pay, (except the just dues of the laundress,) for the period of six months, and to confinement at hard labor for the same period under charge of the guard at the Post where his company may be serving. 1$

'^J4 [8] III Tlie (rericral Court Martial, of wliicli Major Henry Douglas. Hcl U. H. Inlaiitry, i.s I're.sidout, is lieroby dissolved.

By oouunaud of Major (uMicral HANCOCK : CHAINC'KY MoKKKVKJ{,

Ai<>^istant Acljulant General.

OFFLCFAI. :

Actinf/ Judge Advocate.

(•

II

I#

HEADQUAETEES DEPARTMENT OF THE MISSOURI. Fort Leavenworth, Kansas, April 2nd, 1867.

GENERAL ORDERS, No 59.

Upon the recommendation of liis Commanding Officer, tlieuucxpirod portion of the sentence in the case of Recrnit Alexander Evans, lOtli U. S. Cavalry, promulgated in Gen- eral Ordci-s No. 44, Current Series, from tliese llcadquartcrs, is hereby remitted, lie will be released from confinement and returned to duty.


CIIAUNCEY McKEEVER, Assistant Adjutant Gr.uraU

OFFICIAL :

Acting Juihje'Advocale,

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HEADQUAETEES DEPAETMENT OF THE MISSOUEI. Fort Leavenworth, Kansas, April 3rd, 1867.

GEXERAL ORDERS, > No 60. S

The uiicxpirod portion of the sentence i;i the case of Cor- poral Williaiii F, Claudius, Conipnny "G," 37th U. S. Infant- ry, pronlul^^afe(l in General Orders No. 44, CnrrcMit Scries, from these Headquarters, is hereby reniiltetl. lie will be released from coiifinonicnt and returned to duty.

By command of MAJOR G:;NERAL HANCOCK:

CIIAUNCEY McKEEVER, Assistant Adjutant Gr.ieral,

OFFICIAL

'yC^?^ Acting Judge-Advocate,

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a. c. M.

1. John Harris, Private Company K, IDth U. S. Infantry. 2. Abraiuun riiiliips, I*rivate Company L, 7tli U. H. Cavalry. 3. William 11. Keyser, Private Company II, 7tli U. S. Cavalry. 4. Henry Zohriwt, Private Company II, 7th U. S. Cavalry. 0. Salomon K. Simonds, Private Company D, 7th U. S. Cavalry. 6. Piiilip Weber, Private Company A, 7th IJ. S. Cavalry. 7. Wilholni Kiehardt, Private Company A, 7th V. S. Cavalry. 8. William S. Jacoby, Private Company I), 7th U. S. Cavalry.

HEADQUARTERS DKI'ARTMENT OF THE MISSOURI,) FoKT LKAVKXWUKTH, KANSAS, April 4, J8t)7. /

GENERAL ORDERS, I No. r,i. /

I Before a Oeneral Conrt Martial, which convened at Fort Riley, Kansas, March loth, lSfi7, pursuant to Special Orders No. 5o, Current Series, from these Ileadquartert*, and of which Brevet Major General Geo. A. Ciister, Lieutenant Colonel 7th U. S. Cavalry, is President, were arraigned and tried :

1st.—John Harris, Private of Conijiany K, PJtli U. S. Infantry, on the following cliarge and s])ecification :

CiiAKOK—De.'^rrtioii.

Specificatiun.—In this, that Private John Harris, Company K, lUth L. Infantry, having been duly enlisted in the military service of the United States, did absent himself from his company, and desert the same, at or near Jefferson Barracks, Missouri, on or al)out the 18th day of October, 1866, and did remain ai)sent until arrested at Fort Riley, Kansas, on or about the 27th day of January, 1S67. This at or near JeHersou Barracks, Missonri, on or about the loth day of October, 186(3.

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[2] To Avhich charge and specification the prisoner jjloadcd a^ foHows:


FINDING.

The Court having maturely considered the evidence adduced, finds tl\e prisoner. Private John Harris, Company K, 19th U. S. Infantry, as follows: Of the specification, Guilty. Of the charge, Guilty.

SENTENCK.

And the Court does therefore sentence him. Private Jolm Harris, of Company K, 19th U. S. Infantry, to be confined at liard labor, under guard, where his company or regiment may be serving, for six (6) months; to make good the time lost by desertion ; and to forfeit ail pay now due, or that may become due, d\iring the period of his confinement. The last fourteen days of his confinement to be solitary, on bread and water.

2d.—Abraham Pliillips, Private, Company L, 7th U. S. Cavalry, on tiie following charge and specification :

CHARGE—Dexertion. Specification.—-Jn this, that he. Private Abraham Phillips, Company

L, 7tli U. S. Cavalry, having been duly enlisted in the military service of the United States, did desert liis company and regiment on or about the 26th day of February, 1867, and did remain absent until apprehended and brought back, on or about tlie 4th day of March, 1867. Tliirty dollars paid for his apprehension. All this at Fort Ililey, Kansas.

To which charge and specification the prisoner pleaded as follows: To the specification, Not Ovilty. To the charge, Not Guilty.

FiNniN(;.

The Court having maturely considered the evidence adduced, finds the prisoner, Private Abraham Phillips, Comjiany L, 7th U. 8. Cavalry, as follows: Of the specification, Guilty. Of the charge, Guilty.

SENTENCE.

And the Court does therefore sentence him, the said Private Abraham Phillips, Company L, 7th U. S. Cavalry, to be confined under charge of the guard, where his company or regiment may be serving, for si.x (6) months, and to forfeit all pay now due or that may become due dnnng the period of his confinement.

3d.—William II. Keyser, Private Company H, 7th U. S. Cavalry, on the following charge and specification :

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[3] CiiAROE—Desertion.

Specificatioi}.—Tn this, that he, Private William IT. Keyser, Company

H, 7th U. S. Cavalry, having been duly enlisted into the service of the

United States, did desert his company and regiment on or about the 16th

dav of October, 1866, and remain absent until apprehended and brought

back, on or about the 16th day of February, 1867. Thirty dollars paid

for his apprehension. All this at Fort Kiley, Kansas.

To which charge and specification the i)risoner pleaded as follows:

To tlie specification, Guilty.


Fixnixo.

The Court having maturely considered the evidence adduced, finds the prisoner, Private William II. Keyser, Comjany If, 7th F. S. (';iviilrv, ns

follows:



SKNTEXCE.

And the Court does therefore sentence him. Private William IT. Keyser,

Company II, 7th U, S. ('avalry, to be confined at hard labor, under

charge of the guard, where his regiment or company may be serving, for

fix (Oj months; to forfeit all pay now due or that may become due,

(luring the period of his confinement, the last fourteen days to be solitary,

on bread and water.

4th.—Henry Zobrist, Private Comjmny IT, 7th U. S. Cavalry, on the

followipij cliarge and specification; *

CHARGE—Desertion.

Specification.—In this, that he. Private Henry Zobrist, Company IT,

7th U. S. Cavalry, Iiaving been regularly enlisted into the service of the

United States, did desert his company and regiment on or about the 21st

(lay of Decend)er, 18(56, and remain absent until apprehended and

brought back, on or about the first day of March, 1867. Thirty dollars

paid for his apprehension. All this at Fort Eiley, Kansas,


To the specification Not Guilty. To the cliarge, Not Guilty.

FINDIXO.


prisoner, Private Henry Zobrist, Company H, 7th U. H. Cavalry, as follows:

Of the specification, Guilty. Of the charge, , Guiltv.

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4 f SENTENCK.

And the Court does therefore sentence liim, Private Henry Zohrist, Company 11, 7th U. S. Cavalrj-, to be confined at hard labor, under charge of tlie guard at tlie Post where his company or regiment may be serving, for six (6) months, and to forfeit all pay and allowances now due or that may become due during the period of his confinement.

5th.—Salomon E. Simonds, Private of Company D, 7tli U. S. Cavalry, on the following charge and specification:

CnARGK—Desertion. Speeijication.—In tliis, tliat he, the said Private Salomon E. Simonds,

( ompany I), 7th U. S. Cavalry, being duly enlisted as a soldier in tlie service of the United States, did desert the same at Fort Kiley, Kansas, on or about the 16tli day of September, 1866, and did renuiin absent until apprehended and brought back to Fort Kiley, Kansas, on or about the i;Uh day of January, 1867. Tins at Fort Kiley, Kansas.

To which charge and specification the prisoner pleaded as follows: To the specification, Guilty. To the charge, Guilty.

KINDING.

The Court having maturely considered tlie evidence adduced, finds the prisoner, Private Salomon E. Simonds, Company 1), 7th U. S. Cavalry, as follows: Of the specification, Guilty. Of the charge, Guilty.

SENTENC'E.

And the Court does therefore sentence him. Private Salomon E. Simonds, Company D, 7th U. 8. Cavalry, to be confined at hard labor under charge of the guard where his company or regiment m.ay be serving, for six (6) months; to forfeit all ])ay now due, or that may become due during the period of his confinement, the last fourteen days of his confinement to be solitary, on bread and water.

6th.—Philip Weber, Private Company A, 7th U. S. Cavalry, on the following charge and specification :

CHARGE—Violation of the 45/A Article of War. Specification.—In this, that he, the said Private Pliilip Weber, A Com-

pany, 7th U. S. Cavalry, liaving been properly detailed for guard duty, and after having gone on guard in obedience to sucli detail, was found drunk on his post by the officer of the guard, when visiting tlie sentinels. This at Fort Kiley, Kansas, on or about the 17th day of March, 1807.

To which cliarge and specification the prisoner pleaded as follows: To the specification, Guilty- To the charge, Guilty.

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The Court liavins" iiiatiiiely considered the evidence adduced, finds tlie

prisoner, I'rivate I'liilip WCIHM-, ("oiniiany A, 7tli I'. S. Cavalry, as fol-

lows; Oftlie specification, Guilty.

or the charge, Guilty. SKNTKNCK.

And the Court doe.-; therefore sentence hiiu, Private Philip Wehei-, Coiu-

))anv A, 7th U. S. Cavalry, to he confined at hard labor under charge of

till' guard at such Post as his company or regiment nuiy he serving, for

(4) four mcwiths; the last fourteen (14) days of his confinement to he

solitary, on bread and water; and to fori'eit all jiay now due or that may hecome due during the period of his confineujent.

7th.—Wilhelm Kichardt, Private Company A. 7lh I'. S. Cavalry, on

ilii' foliiiwinu I'hargc and specification:

CiiAii(iK—Desert lou.

Sperijicatiiiii.—h\ this, that he, the said Private AVilhclm Kichardt, of

Company A, 7th U. S. Cavalry, having been regularly enlisted into the

service of the United Slates, did, on or about the litJtli day of February,

1867, desert his company and regiment, and renuiin absent until aj)pre-

liended, on or about the 2d day of March, ]S()7. This at or near Fort Hiley, Kansas, on or about the dates above specified.

To which charge and specification the prisoner i)lea(lcd as follows:

To the .specification, Guilty.


KINI)IN(;.


I'ri.soner, Private Wilhelm Kichardt, Comjiany A, 7th l". S. Cavalry, as follows:

•'f the .specification, Guilty.

"f the charge, Guilty.

SKNTKXt'K.

And the Court does therefore sentence liim. Private Wilhelm Kichardt,

Company A, 7th U. S. C^avalry, to be confined at hard labor, under

c'harge of the guard where his comj)any or regiment may be serving, for

SIX months; to forfeit all pay now due or that may become due during

llie period of his confinement, the last fourteen days of his confinement to be solitary, on bread and water.

8th.—William S. Jacoby, Private, Company D, 7th U. S. Cavalry, on the following charge and specification:

CnxRGE—Violafi(») of the ibth Article of War.

[6] Specijication.— In this, tliat he, the said Private William S. Jacoby, 1>

Company, 7th U. S. Cavalry, Juiving been properly placed on guard liv

competent authority, was found drunk on his guard. This at Fort Rilev,

Kansas, on or about the 17th day of March, 1867.

To which charge and specification the prisoner pleaded as follows: To the specification Guilty.

To the charge, Uuilli/.

The Court having maturely considered the evidence adcbiced, finds the

prisoner, Private William S. Jacoby, Company I), 7th U. H. Cavalry, as follows:


Of the charge, Guilty,

SKNTKNCK.

And the Court does therefore icntence him, Private William S. Jacdby,

Company 1), 7th U. 8. Infantry, to be confined at hard labor, under charge

of the guard, where his company or regiment may be serving, lor four {4i

months, Ih.e last fourteen days of bis confinement to be solitary, on broad

and wak>r ; and to forfeit all monthly pay now due or that may beconic

due during liie period of his ci^nfinement.

II The proceedings, findings and sentences in the foregoing cases nf

Privates Abraham Phillips, Company L, 7th I'. S. Cavalry, William H.

Keyser, Company II, 7th U. S. Cavalry, John Harris, C'ompany K, I'Jdi

V. S. Inl'antry, Salomon E. Simonds, Company D, 7th I'. S. Cavalry, and

Wilhelm Kichardt, Conn)any A, 7lh U. 8. Cavalry, are a[)i)roved. Tlic

sentences will be duly executed. In the cases of Privates Philip Weber, Company A, 7lh C 8. Cavalry,

and William S. Jacoby, Comj)any I), 7th U. 8. Cavalry, the procecdinirs

and findings are approved. 8o nmch of the sentences in each of tliesc

cases as imposes a forfeiture of pay, being illegal, is remitted. The re-

mainder of their sentences will be duly executed.

The proceedings and findings in the case of Private Henry Zobrist,

Company H, 7th U. 8. Cavalry, are approved. I'pon the rccommendii-

tion of the Court, the sentence is remitted. The jjrisoner will be reloiised

from confinement and returned to duty.

By command of Major General HANCOCK:

CHAUNCEY MiKKE\'EK, A.'ifiMnrit Adjutant General.

OFFICIAL :

Acting Judge Advocate.

a. c. M:.

1. Jaiuos Brown, Private, ("oinpany (x, 7th L'. S. Cavalry-. 2. Noah Lyon, Private, t'oinpany F, 7th V. H. Cavalry. 8. John Kennedy, Priv;uo, ("oinpany F, 7t]j U. .S. Cavalry.

HEADQUARTERS DEPARTMENT OF THE MISSOURI,) FORT EKAVKNAVOHTH, KAXSAS, April "), 1807. /

GENERAL ORDERS,-1 No. 62. i

I Before a General Court Martial, whidi convened at l-'ort Ifarker, Kansas, March 19th, 1S()7, pnrsnant to Sjjeeial Orders No. ")7, Current Series, from these lleachjuarters, and of which Rrevet Iwentenant Colonel V. K. Hart, Captain, .37tli U. S. Infantry, is President, were arraij^nod and tried:

1st.—Private James Rrown, Com[)any (!, 7th U. S. Cavalry, on the following charge and specification :

CIIARGP:—Dewiiion.

Specification.—In this, (hat he, James Brown, Private, (i Troop, 7th Rej^iment U. S. Cavalry, having enlisted in the service of the United States, did desert the same on the 3d day of February, 1867, and did remain absent until apprehended at Solomon City, Kansas, on the r)th day of February, 1867. This at Fort Harker, Kansas.

To which charge and specification tlie prisoner pleaded as follows :


:m^ [2] FINDINO

The Court having maturely considered the evidence adduced, finds the [)risoner, Private James Brown, Company (x, 7th U. S. Cavalry, as follows:


SENTh:XCK.

And the Court does therefore sentence him, Private James Brown, Company G, 7th U. S. Cavalry, to forfeit to the United States all pay and allowances that are now or may become due him, except the just dues of the sutler and laundress, to be confined at hard labor under charge of the guard for six (6) months, and at the expiration of that time to be dishonorably discharged aiid trumpeted out of the service of the United States.

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■-'d.—Private Noah Lyon, Company F, 7thU.S. ('avalry, on tlie following charge and specification :

(JiiAiiC.E—iJcsertion.

Specification—In this, that he, the said I'rivate Noah IA-OU, Company F, 7th U. S. Cavalry, having been duly enlisted as a soldier in the service of the United States, did desert the same at Fort Ilarker, Kansas, on or about the 13th of February, 1867, and did remain absent until brought back under guard on or about tiie ISth day of February, 18r)7.

To wliich charge and specification the prisoner pleaded as follows:

To the specification, Not Guilty of "desertion," but guilty of "absence without leave."

To the charge, ,. Not Guilty.

FIKDING.

The Court having maturely considered the evidence adduced, finds tlie prisoner. Private Noah Lyon, Company F, 7th U. S. Cavalry, as follows:

Of the specification, GwiWy. Of the charge, Giu'%.

SKNTENC'E.

And the Court does therefore sentence him. Private Noah Lyon, Cooi- pany F, 7th U. S. Cavalry, to be confined at hard labor under charge ot the guard for the period of six (6) months, and that he forfeit to the Uni- ted States ten dollars ($10.00) per month of his monthly pay for the same period.

[3]

ord.—I'rivate John Kennedy, Company F, 7lh U. S. Cavalry, on the

lollo\vin<,' charge and specification :

('HAKCiK—Dinfirtion.

Specijicatiun.—In tliis, that he, the said Private John Kennedy, Coni-

iiany F, Ttli U. S. Cavalry, having been dnly enlisted as a soldier in the

service of tiic United States, did desert the same from Fort Ilarker,

Kansas, on or about the 13th day of Febrnary, 1S67, and did remain ab-

'* sent until brought back under guard on or about the 15th day of

February, 1867.

To whicii charge and s])e(Mfication tlie prisoner ])leaded as follows:

To the specification, Not Guilty

To the charge, Not Guilty

of "dc-!ertinn" but guilty of "ab-sence without leave."

FlNDINc;. V.^^*(^K


prisoner. Private John Kennedy, ("ompany F, 7th U. S. Cavalry, as

follows:

Of the specification, Not Guilty.

Of the charge, Not Guilty of "desertion " l)ut uuilly of ''absence wiilmnt l.vivc.''

SKNTKNCK.

And the Court does therefore sentence him, Private John Kennedy,

Company F, 7th C 8. Cavalry, to forfeit to the United States ten dollars

I$10.00) per niontii of his montlily ])ay for six (6) months, and to carry a

loi;, weighing twenty-five ('251 pounds, for twenty-one (21) days, under

I'liarge of tiie guard, from reveille until retreat.

II The proceedings and findings in the case of Private James Brown,

Company G, 7th U. S. Cavalry, are approved. The sentence is mitigated

to confinement at hard labor, in charge of the guard of the Post where

his company may be serving, for the period of six month.s, and to forfeiture of his monthly pay (except the just dues of the laundress) for the same period.

The proceedings and findings in the ca.se of I'rivate John Kennedy,

' oinpany F, 7th U. S. Cavalry, are disapproved. The accused cannot be

tound not guilty, both of the entire specification and of the charge of de-

sertion, and yet guilty of absence without leave. [Holt's Digest, page

10(, par. 10.] The prisoner will be released from confinement, and returned to duty.

In the case of Private Noah Lyon, Company F, 7th U. S. Cavalry, the

proceedings and findings are disapproved, the vote of each particular

[^J member of the Court upon tlie findings, being spread upon the record, in violation of tlie ()9th Article of War. The prisoner will be released from confinement and returned to duty.

Ill The General Coui-t Martial of wliich Brevet Lieutenant Colonel V. K. Hart, Captain, 37th U. S. Infantry, is President, is hereby diss(dve(l.

By command of Major (xeneral HANCOCK : CHAUNCEY McKEEVER,

Asxintant Adjutant General.

OFFtCrAL

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Acting Jiulge Advocate.

BEADQUAETERS DEPAETMENT OF THE MISSOUEI. Fort Leavenworth, Kansas, April 5th, 1867.

GENERAL ORDERS, No 63.

I. . . So much of tlic uiicxpircd portion of flic sentenpc in tlic case of Private Cliarl«'s Johncsc, Company "E," U. S. Eiijfiiiecr I^atlaiion, promulgated in General Ordei'S No. 27, last series o! 1866, from these Hcad(juarters, as confines him for two (2) year-; at the Missouri State Penitentiary, is hereby remitted, lie wid be relea-seil from confinement, and dishonorably ilischarged the service of the United States.

II. . . The nnexpired portion of the sentence in the case of Private Henry Bush, Battery "C," 3rd U. S. Artillery, promulgated in (Jeneral Orders No. 8, Current series, from these Headquarters, is hereby remitted. He will be released from eonfiuemcnt at the Peuiteutiary, Jellersou City, Mis- souri,

By command of 3IAJ0R G.'^NERAL HANCOCK:


OFFICIAL

11 iV It

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Acting Judge'Advocate.

Gr. c. M:.

1. Frederick Seeber, Private Company A, 37th I'. S. Infantry. 2. William Seymour, Private Company IF, 3,7tli U. S. Infantry. 3. George Wilson 1st, Private ('(>mj)any H, 37th U. S. Infantry. 4. John Kiley, Private Company K, 81st V. S. Infantry.

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IIEADQUAKTEKS 1)EPAKTMP:NT OF THE MISSOUKI,! FORT LEAVKNWOKTJI, KANSAS, April 6, 1867. /

GENEKAL OKDERS, \ No. 64. /

I Before a General Court Martial, which convened at Fort Leaveii- worth, Kansas, ^farcli 23d, 1867, pursuant to Special Orders No. 66, Paragraph 1, Current Series, from these IIead(piarters, and of which lirevet Brigadier General Madison Mills, Surgeon U. S. Army, is President, were arraigned ai^l tried:

1st.—Frederick Seeher, Private Company A, 37th U. ^. Injfantry, on

tlie following charge and specification : ,-#an«if!> yrflH» CHAKGE—Conduct to the prejudice of <jood order mid military discipline.

'Speeijkation.—In this, that he, the said Frenlerick Seeber, Private of Company A, 37th U. S. Infantry, being a member of the guard, and having lieen placed as a sentinel in charge of prisoner O'Brien, Private

Cornjiany K, 37th U. S. Infantry, and ordered to keep him at work and not allow him to leave his sigia, did iiermit prisoner O'Brien^ Private Company K, 37th U. S. Infantry, to go out of his sight and escape from his custody. This at Fort Leavenw<jrth, Kansas, on or about March 20, 1867.

To which charge and specification the prisoner pleaded as follows : To the specification, Not Guilty. To the charge...... ; Not Guilty.

KINDINC;.

The Court having maturely considered the evidence adduced, finds the prisoner, Frederick Seeber, Private Campany A, 37th U. S. Infantry, aH follows: .

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Of the specification, Uuilty. Of the charge, (luilti/.

SENTE^X'E.

And the Court does therefore sentence him, the said Private Frederick Seeber, Company A, 37th U. S. Infantry, to be confined at hard labor in charge of the guard for one month, and to forfeit to the United States ten dollars of his pay.

2d.—William Seymour, Private Company II, 37th U. S, Infantry, on the following charge and specification :

CHARGE—Desertion.

Specification.—In this, that he, Private William Seymour, Company II, 37th U. S. Infantry, being a duly enlisted man in the service of the United States, did desert the same at Fort Leavenworth, Kansas, on the 13th day of March, 1807, and did remain absent until i)rought back, under custody, to Fort Leavenworth, Kansas, on the 18th day of Maicli, 1867. Thirty dollars paid for his apprehension.

To which charge and specification the prisoiier pleaded as follows ; To the specification, Gullfy. To the charge, Guilty.

FINl)IN(i

The Court having maturely considered the evidence adduced, finds tlie prisoner. Private William Seymour, Company* H, 37th U. S. Infantry, as follows: "*" "*" Of the specification, ;'..'.! '. Guilty. Of the charge, Guilty.

SENTKNCK.

And the Court does therefore sentence him. Private William Seynionr. Company II, 37th U. S. Infantry, to re-Imburse the United States the amount paid for his apprehension, to forfeit ten dollars ($10) of his monthly pay for six months, and to be confined at hard labor under charge of the guard for the same period.

3d.—George Wilson 1st, Private Company II, 37th U. S. Infantry, on the following charge and specification:

CHAKGE—Desertion.

Specification.—In this, that he, Private George Wilson 1st, Company II, 37th U. S. Infantry, being a duly enlisted man in the service of the United States, did desert the same at Fort Leavenworth, Kansas, on the 12th day of March, 1867, and did remain absent until brought back, under custody, to Fort Leavenworth, Kansas, on the 18th day of March, 1867. Thirty dollars paid for his apprehension.

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[3] To which charge and specification tlie prisoner pleaded as follows:

To the specification, Oailty.


FIXDING.

The Conrt having niatnrely considered the evidence adduced, finds the

prisoner, Private (ieorge Wilson 1st, Company 11, 37th U. S. Infantry,

as follows:

Of the specification, Guilty,


SKNTKNCE.

And the Court doe-; therefore sentence him, the said Private George

Wilson 1st, Company II, 37th 11. S. Infantry, to re-inibnrse the United

States the amount paid for his apprehension, to forfeit fen dollars ($10)

(if iiis monthly pay for six ((>) months, and to be confined at hard lalxir

under charge of the guard for the same periixl.

4th—John Riley, Private Comjiany K, 31st V. S. Infantry, on the fol-

lowing charges an«l specifications;

CuAKGK 1st—Ai^MLult with intent to coinniif rapr.

Specification.—In this, that Private John liiley. Company K, 31st U.

S. Infantry, did violently assault one Julia (iilnian, a hired s-ervant in

the employment of an oflicer, stationed at Fort Leavenwortii, Kansjis,

with the intent to conimit raj)e upon her, the said Julia (iilman. This on

llie public highway, l)etvveen Fort Lcavenworth and Leavenwortb City,

Kansas, on the Government Keservation, between the hours of 2 o'clock

]'. M. and o o'clock P. M., on the 24th day of March, 18G7.

CHARGE 2d—Conduct to thr prejudice of good order and military disripline.

Specificntion.— \u this, that Private John Kiley, Comjiany K, 31st U. S.

Infantry, did violently assault, and with force and arms knock down,

heat, and injure the person of one Julia (Jilman, a hired servant in the

employment of an ofhcer, stationed at P^ort Leavenworth, Kansas. All

this on the public highway, between Fort leavenwortii and lycavenworth

I * ity, Kansas, on the Government Reservation, between the hours of 2

o'clock P. M. and 5 o'clock P. M., on the 24th day of March, 1867.

To which charges and specifications tlie prisoner jdeaded as follows :

To the specification of the 1st charge, Not Guilty. To the 1st charge AW Guilty.

To the specification of the 2d charge, Not Guilty. To the 2d charge, Not Guilty,

^[^J ' '" rixniNc;.

The Court liivving maturely coH.-iitlered the evidence adduced, findt* the prisone.r,^ Pdv^te John Kiley, Company K, 31st U. 8. Infantry, as follows: Of the specification of {he 1st charge, Guiltii. Of the 1st charge, Guilty. Of the s])ecification of the 2d charge, Guilty. Of the '2d charge, Guilty.

SKNTKNCE.

And the Conrt does thei-efore sentence him. Private John Eilev, (Company K, 31st V. S. Infantry, to be dishonorably dis-charged the nr- vice of the United States, ^ith forfeiture of nil pay and allowances, except the just dues of the laundress and sutler, and confined in such Peniteii- ,tiary as the Commanding General may direct, for the period of five [h\ years.

II The proceedings aiid findings in the ca-es of Privates Wm. Sey- mour and George Wilson, of Company II, 37th U. 8. Infantry, arc approved. The sentences will be duly executed.

In the case of Private Frederick Seeber, Company A, 37th U. S. Infantry, the proceedings and findings are approved. Upon the unanimous recommendation of the Court, the sentence is remitted. Tlu' prisoner will be released from confinement and returned to duty.

The proceedings, findings and sentence in the case of Private .lolin Riley, Comipany K, 31st U. 8. Infantry, are approved. Tlic Penitcntiitry at Jefferson City, Mis>souri, is designated as the place of confinement, t(i which place the prisoner will be conveyed, under a suitable guard, and turned over to the Warden of said Penitentiary, who will at the simc time be furnished with a copy of this order. The commanding officer ai Fort Leavenworth, Kansas, is charged witi\ the execution of this order.

Ill The General Coiirt Martial, of which Brevet Prigadler Gencnil Madison Mills, Surgeon U. 8. Army, is Pre-sident, iV* hereby dissolved.

By command of Major tieneral HANCOCK : CIIAUNCEY McKEEVER, |{ «

AssistcintAiijutantGeiwal.

OFFICIAL

Acting Juflcje Advorate.

HEADQUAETEES DEPAETMENT OP THE MISSOUEI, Port Leavenworth, Kansas, April 9th, 1867.


The unexpired portion of the sentence in the case of John Rilcy, late unassigned recruit 7th U. S. Cavalry, promulgated in General Orders No. 26, Current Series, from these Headquarters, is hereby remitted. He will be released from coniinemeiit at the Penitentiary, Jeflerson Cit)', Mis- souri.



OFPICIAL

/xSt^^Cfi^.<^^^J^$^<^. Acting Judge-Advocate.

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a. c. ]M.

1. Corporal John Folcy, C'ornp.any K, 7th U. S. C'avalrv. 2. Private William Arnistronjj, Company K, 7th U. S. Cavalry 3. Private Michael Murphy, Company K, 7th U. S. Cavalry.

I«

lIKADtiUAKTEKS DEPARTMENT OF THE M1SS(JUK1, ] FORT IyK.\vi:xw(>KTii, KANSAS, April 11, 1S67. /

(GENERAL ORDEKS,) No. ()6. f

I Eet'ore a (ieneral C(»tirt Martial, whieh eoiivened at l-drt J)ud<.'0, Kansas, 23d March, 1867, pursuant to Special Orders, No. 57, Series of 1867, from thcf-e Headquarters, and of which Major Henry I>ou<,'la>, ."'d I . S. Infantry, is President, were arraigned and tried:

l^^t—Corporal John Foley, Troop K, 7lli I'. S. Cavalry, on the followin ? charges and specifications:

CiiARGK 1st—Vinhttion of the 4-VA Artirh- of M'ar.

^pecijication.—ln this, that Corporal John Foley, Trooj) K, 7th U. S. Cavalry, a duly enlisted soldier in the service of the United States, having been duly detailed as a non-commissioned officer of the main guard at tort D()dfi;e, Kansas, did, while commanding said guard, get so much under the influence of intoxicating liquor as to be unalde ])roperly to perform his duty. This at Fort Dodge, Kansas, on or about the night of the •itli or morning of the 7th day of F\-l)ruary, 1807.

(IIARGK 2d—Conduct prejudifial to (jood order ond inUitary disclpliiic.

Specificaflon.~Jn this, that Corporal John F'olcy, Troop K, 7th U. S. 'avalry, a duly enlisted soldier in the .service of the United States, did,

II

w,

[2] after having l)oeii duly dctailoil for guard, and plafod in comiuaud of tlic

main guard at his station, appear in the presence of his guard in a gross-

ly intoxicated condition. This at Fort Dodge, Kansas, on or about tht'

night of the 6th and the morning of the 7tli day of February, 1867.

To which charges and specifications tlie prisoner pleaded as follows;

To the specification to the 1st charge, Not Gniltu.

To the 1st charge, JS'ot Guilty.

To the specification to the 2d charge, Not Guilty.


FINniNC.

The Court iiaving maturely considered the evidence adduced, finds the

prisoner, Corporal John Foley, Troop K, 7th U. S. Cavalry, as follows;

Of the specification to the 1st charge, Not Guiltij.


Of the specification to the 2d charge, Not Gailtii.

Of the 2d charge Not Guilty.

And tlic (Jourt does therefore ac([uit the said Corporal John Folev.

Troop K, 7th U. S. Cavalry.

2d—Private William Armstrong, Troop K, 7th U. S. Cavalry, on tlif

following charges and specihcations:

CHARGE 1st—Violation of the ■i-'^th Article of War.

Specification.—In this, that Private William Armstrong, Troop K, 7lli

V. S. Cavalry, a duly enlisted soldier in the service of the United States,

having been duly detailed as a member of the post guard, mounted at

Fort Dodge, Kansas, on the 6th of February, 1867, did become so nineli

under the influence of intoxicating liquor, while a member of the said

guard, as to be unable to properly perform his duty. This at Fort Dodge,

Kansas, on or a1)out the night of the 6th and morning of the 7th day ot

February, 1867.

CiiARGK 2d—Conduct prejudicial to (poll order and military discipline.

Specification.—In this, that Private William Armstrong, Troop K, 7tli

U. S. Cavalry, a duly enlisted soldier in the service of tlie United States,

having been duly detailed as a member of the post guard, mounted at

Fort Dodge, Kansas, on the 6th day of February, 1867, did leave his

guard, and did discharge his carbine in front of his company quarters

without permission, thereby alarming the Post Garrison. This at Fort

Dodge, Kansas, on or about the night of the 6th and the morning of tlie

7tli day of February, 1867.


To the specification to the 1st charge, Not Guilty-


N

[3] Til ilif s|jo<.'ilic:iti(iii to IIH' •_'(! cliarjic Mot Gitilti/.

To tlie 2(1 cbar.iie ^^ot Guilty.

KINDIM;

Tlic Court linviiii;' inatmi'ly considert'd tlu' ovidciuv a(liliicc'<l, linds tlie

iirisoner, I'rivalo William Arinstroiij:, Ti'dn)) K, Ttli ('. S. Cavalry, as

I'ullows: ll Ofthespeoiticatidii to tlio 1st ciiaf^jv Guilty.

or the Ist cliar^o, Guilty.

Olthe specification to the 2<1 cliai-fie, Guilty.

Of the "id chai-Ke Guilty.

SKNTI:N('K.

And the Cotitl does therefore sentence him, Private William Arm-

>li()ng, Troop K, 7th I'. S. Cavalrs-, to he confined, under charge of the

iTiiiird, for the jcriod of one month, to carry a log weiirhing thirty j)ounds

ivery alternate iiour from leveille to tattoo, for the same period, and to forfeit ten dollars (>10.(HM per month of his monthly ]>ny for the period

nf i'our inontiis.

;!(1—Private Michael Murpiiy, 'J'rooji K. 7th I'. S. (avalry, on tlu'

following charue and specification :

CiiAiti;!-;—\'i<>!ittii)u nf t/ic 4'>f/i Article <>/ War.

SpecifCdtliin.—In this, that Private Michael Miirj)hy, Troop K, 7th l'.

S. Cavalry, a duly eidisted soldier in the .service of the United States,

having been didy detailed as a inend)er of the post guard, mounted at

I'oit Dodge, Kansas, on the (ith day of Fehruary, 1S(>7, did become so

ilnuik while a inend)er of the said guard an to be unable to properly per-

fonii his duty. This at Fort Dodge, Kansas, on or about the (Uh and the

morning of the 7th day of Fehruary, 1S67.

To whieh charge and specification the i)risoner pleaded as R)llo\vn:

To the specification Not Guilty.

To the charge Not Guilty.

KINI)IN(;,

The Court having maturely considered the evidence adduced, finds flic

J^ prisoner, Private Michael Murphv, Troop K, 7th U. S. Cavalry, as '*'' follows:



SENTENCK.

And the Court does therefore sentence him. Private Michael Murphy.

Iroop K, 7th U. 8. Cavalry, to be confined, under charge of the guard, for

the period of one month, and to carry a log weighing thirty pounds every iilternate hour from reveille to tattoo for the same period.

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L-^J II The procee(liiif;;s and tiiidings in the ease of ("(irpoial Jolin Folcv, (yonipany K, 7th U. S. Cavalry, are approved, lie will l)e released from arrest and returned to duty.

In the cases of Privates WJU. Aruistronjf and Mieliael Murpliv. df Company K, 7th U. 8. Cavalry, the proceedings and lindings areaiiprovcd, and the sentences will be duly executed.

By command of Major General HANCOCK : CIIAI NCEY McKEEVER,

AiisiMnnf Adjutant Gencml.

OFFICIAL :

II


19

HEADQUAETEES DEPAETMENT OE THE MISSOUEI, Fort Leavenworth, Kansas, April 15th, 1867.

GENERAL OKPEBS, ) No. 67. S

Upon tlie rccommondnfioii of his Commantlin<r Officer, so niUfli of tlio uiu'Xpired portion of Ihc sentence in the case of Private "Williiun C. Friend, Conii)ftny "G," 2n(l U. S. Cav- alry, proiniilyiitcil in (Jeueral Orders. No, 14, last series of 186t). from thfse Headquarters, as continos liini under cljarge of tlic {fuard breaking stones, from reveille till rftreat, for the period of six (6) montlis, is hereby remitted. lie will be released from confinement and restored to duty.

By commnud of MAJOR GENERAL HANCOCK :

CHAUNCEY McKEEVER, Assistant Adjvtant General,

OFPIOIAI.:

Acting Judge-Advocate.

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11 a. c. jvi.

1. Private William ^iiodgrasss, ('onii)aiiy F, 3(1 I". S. Infantry. 2. Private Stephen 1J. Kvan, Company F, 3(1 I'. S. Infantry.

..

HEADQUARTERS DEPARTMENT OF THE MISSOURI, ^ FORT LEAVKNWOKTit, KANSAS, April 17, ISfi". f

(GENERAL ORDERS,! No. OS. /

I Before a (icneral Court Martial, which convened at Fort Dodge, Kansas, March 23d, 1867, pursuant to Special Orders, No. o7, j)ara- jrnipli 5, current series, from thc?c Headquarters, and of which Major Henry Douglas, 3d TT. S. Infantry, is President, were arraijj:ned and tried:

1st,—Private William Snodgr.ass, Company ]•', od U. S. Infantry, on the following charges and specifications :

CHARGE 1st—Neglect aj duty.

Spcclfimtion.—In this, that he. Private William Snodgrass, Company F, 8d Regiment U. S. Inljxntry, did, while a member of the guard mounted at Fort Ellsworth, Kansas, on or about the 2oth day of September, 1866, when sent in charge of prisoners to tlie woods after fuel for the gar- fison, allow them to go to a drinking .saloon, four nn"les from the post, and did bring them back to the guard-house drunk.

CiiARGK 2d—Condvct prejudicial to good order and militanj di»riplinc.

Specification Int.—In this, that he. Private William Snodgrass, of Com- pany F, 8d Regiment U. S. Infantry, did, Avhile a member of tiic guard monnted at Fort Ellsworth, Kansas, on or about the 2oth day of Septem- ber, 1860, when sent in charge of prisoners after Avood with a Avagon, did 'orce the teamster to drive the prisoners to a drinking saloon, some four miles from the garrison.

[2] Specification 2d.—In this, that he, Private William Snodgrass, Compa-

ny F, 3d Kegiment U. S. Infantry, did, wliiie a member of tlie guard monnted at Fort Ellsworth, Kansas, September 25th, 1866, throw stones, and threaten with violence, Louis (Jrole, a citizen teamster in the Quar- termaster's Department, saying: " You damn son of a bitch, I'll get you out after another load of wood this evening, and then I will fix you," or words to that efi'ect, said teamster at the time being in the discharge of liis duty. All this at Fort Ellsworth, Kansas, on or about the 25tli day of September, 1866.

To which charges and specifications the prisoner pleaded as follows: To the specification to the 1st charge, Not Guilty. To the l.st charge, Not Guilty. To the 1st specification to the 2d charge, Not Guilty. To the 2d specification to the 2d charge, Not Guilty. To the 2d charge, Not Guilty.

FINDINC.

The Court having maturely considered the evidence adduced, finds tlic prisoner. Private William Snodgrass, Company F, 3d U. S. Infantry, as follows: ^uXiAu-h~\j u.;- Of the specification to the 1st charge, '..... :..\.:?fi'ot Guilty. Of the 1st charge, Not Guilty. Of the 1st specification, 2d charge, Not Guilty. Of the 2d specification, 2d charge, Guilty. Of the 2d charge, Guilty.

SKNTKXCK.

And the Court does therefore sentence him. Private William Sno(lo;rass, Company F, 3d U. S. Infantry, to be confined at hard labor, under charge of the guard, for the period of one month, and to forfeit to the rnitid States ten dollars per riionth of his monthly pay for four months.

2d.^Private Stephen L. Kyan, Company F, 3^ IJ^ ii-, ^A^Ht^> M.f'}". following charge and specification : 4 ^dhowsUa Ho'i in ^ CHARGE—Conduct to the prejudice of good order an^ military dis'cipUAf.'

Specification.—In this, that Private Stephen L. Kyan, Company F, 3(1 I'. S. Infantry, did present an order to the sutler for one canteen of whisky, with the signature of his company commander and conimaiidinf: officer forged upon it, well knowing the signature to be forged. This ;U Fort Dodge, Kansas, on or about the 12th day of January, 1867.

To which charge and specification the prisoner pleaded as follows: To the specification Guilty,

excepting the words " well knowing the signature to be forged."

To the charge, Not Gtdlt'J-

...

I.

[3] K1M)IN<;.

Tlic Court haviii^j matiirelv considered tlie evidence adduced, lindf^ the

j)risoner, Private Steplien L. livan, Company F, .'5d T'. S. Infantry, as

follows: or the specitication (juilty.


SENTENC'K.

And the Conrt docs tiieret'ore sentence liim. Private Stephen L. Kyaii,

( oiii|iaiiy F, 8d U. 8. Infantry, to be confined at Jiard labor, under charj^e III' the guard, for tlie period of two months, and to forfeit ten dollars

iSlO.OO) of his monthly pay per month, for the same j)eriod.

II The proceedings and findings in the cases of Privates William

SiKidgiass and Stephen L. Kyan, of Company F, M V. S. Infantry, are approved, and the sentences will he duly executed.

ill The General Court Martial of wliich Major Henry J)oiii,'-las, .Sd

r. S. Infantry, is President, is hereby dissolved.

liy command of Major Cleneral IIAXCOCK :

CIIArXCEY McKEKVKK, .4.s'x/.s7««/ Adjutant General.

OfKiCiAl.:

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Arl\n(j Jiidyi' Adroratt'.

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HEADQUARTEKS DEPARTMENT OE THE MISSOURI, Fort Leavenworth, Kansas, April IGth, 1867,

UKNKKAL OKDKKS, \ No. 69. \

I. . . The unexpired portion of the sentence in the case of Henry Cieorjre, hite unassi^'-ned rccrnit, 13th U.S. Infantry, pioiiiulyated in General Orders No. 34, ttrst series of 186G, Ironi these Ileailqnarlers, is liereby remitted. He will be released Ironi conlinenieut at the Penitentiary, Jeflcrson City, Missonri.

II. , Tlie nnexpired portion of the sentence in the case ofJohii Kce^^hlcr, late private, 2nd Battalion 18th U. S. In- fantry, proninlijatod in General Orders No. 34, lirst series of 1866, from tiiese Headqnartcrs, is hereby remitted. He will be released from continement at the Penitentiary, Jetlcrsou City, Missonri.

HI. . . Tiie nnexpired portion of the sentence in the case of Charles A. Cary, late private, Company "C," 2ii(l Battal- ion 18th U. S. Infantry, pronmlg-ated in General Orders No. 31, lirst series ol 1866, Irom these Headqnartcrs, is hereby rc- niitied. He will be released Irom continement at the Peni- tentiary, JcU'erson City, .Missonri.

By command of MAJOU G::>.'iiR.Ai. HANCOCK:

CllAUNCKY McKilEVER, Assutant Adjutant General.

UFPIOIAI.


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HEADQUAETERS DEPARTMENT OE THE MISSOURI, Port Leavenworth, Kansas, April 23rd, 1867.

GENEKAL OKDERS No. 70. 'i

I. . . Tlic uncxpircd portion of tlic scntonce in tlic case of Jolni Biiughart, late private, Conipuuy G, lOtli U. S. Infjintry, proiimljjatcd in Geiienil (Jrtlei's No. 44, lirst series of 186G, from these Headquarters, is iiercby remitted. lie will be released from contincment at the renitentiary, Jotterson City, Missouri.

II. The unex|)ired |)ortion of tlie sentence in the case of Henry Mantle, late private. Company C, 3rd U. S. Infantry, ])roinul«:ated in General Orders No. 72, first scries of 1866, from these Ilea«lquartcrs, is hereby remitted. lie will bo released from confinement at the Penitentiai-y, Jeflerson City, Missouri.

By command of MAJOR GENER/»L HANCOCK:

CIIAUNCEY McKEEVEH, Assistant Adjutant Ge,ieral.

OFFICIAL


(•

I

BEADQUARTEKS DEPAKTMENT OF THE MISSOURI.

Fort Leavenworth, Zaasas, April 24th, 1867.

GENERAL ORDERS, )

No 71. )

Upon iJic rccomnieiitlivtioii of Ills Coinmandiiig' Officer, so much of the unexpircd portion ol tlie sentence in the case of 2IK1 class Private Joseph Hennessey, U. S. Ordnance De- partment, promulgated in General Ordeis No. 26, current series, from these Headquarters, as confines him at hard labor under charge of the guard for six months, is hereby remitted. He will be released Irom contineuient and returned, to duty.

By Command of MAJO;: GENERAL HANCOCK:

CHAUNCEV McKEE^ ER, Assistant Adjufani Gtneral.

OFFICIAL:

Acting Jxiayc-Advo<:ate.

HEADQUAKTEES DEPARTMENT OF THE MISSOURI.

Fort Leavenworth, Kansas, May 3rd, 1867.

GKNERAL ORDEKS,

No 73.

I.. . Upon tliL* recoinmciidation of Ihcir Coininui(liii<i: 01- fjccr, the unexpired portion of the sentence <)rc-oufiiioiuent in the cases of Privates Ilenrv E. Fisher anil Michael Sullivan, Co. I), 3r(l U. S. Cavalry, ])ronMilgnlcd in Genera! Or- ders No. 24, current series, from these Headquarters, is hereby remitted. They will be released from coiitiuenjcut, and returned to duty.

II.. . Upon the recommendation of his Commanding' Of- ficer, the unexpired ])ortion of the sentence of contincnient in the case of Private Daniel Coughliii, Co. D, 3d U. S. Cav- alry, promulgated in General Orders No. 28, current series, from these Headquarters, is hereby remitted. Jle will be released from conlinemcnt, and returned to duty.

HI.. . Upon the recommendation of his Commanding Of- ficer, the unexjjired portion of the sentence in the case of Braxton Sanders, unassigned Uecruit, 10th U. S Cavalry, promulgated in General Orders No. 5, current series, from these Headquarters, is hereby remitted. lie will be released from coutinement, and returned to duty.

By Command of MAJOR GENERAIJ HANCOCK :

CIIAUNCEY McKEEVER, Aiidttant Adpitant Generak

OFFICIAL r

Arting Judge-Advocate.

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BEADQaARTERS DEPARTMENT OF THE MISSOURI.

Fort Leaven worth, Kansas, May 4th, 1367.

No 7.5.

I. . . Tlie iincxpircd poi-lion of the sentence of imprisdii- inoiil ill tlie case of Lewis .Miller, l:ilc private Co; K, Sv<l I 6. Iiilaiitry, proiniilg-ated in Cieiioial Orders No. 3.5, l.ist scries ot 18tJ6, IVoiii these lleadqiiarlers, is hereby remit ltd. Ill) will he released Irom eontiiienieiil at the J'enileiiti u ,\. Jellersuii City, Missouri.

II. . . The miexpircd portion of the sentence oC ini|)ri>oii- mciit in the case of Frank iSniith, late private Co. I). 4i(i I . 5. Artillei-y, i»roniiilyated in (icneral Orders So. H, la^f series of IH66, from tliesc IIeail«iii.irters, is Jicreby remiltod. lie will be releaseil from conlinement at the Penitentiary, Jetlcrson City, Missouri.

III. . . The unexpired portion of the sentence of impri>- oninoJit in the ease of John KIlis, late private Co. I>, 100th U. .S. Colored Infantry, proniul^rated in Geiiei'al Ordeis Xo. 53, dated December 5th 1865, from these Jl<'ad(|uarters, is hereby remitted, lie will be released from conlinement at tijo IV'uitentiary, JeUerson City, Missouri.

IV. . . The unexpired portion ol the sentence of impiis- oiiiaent in the case of Wilhelrn Weinbrecht, late private Co. F, lOtli U. S. IJifantry, promulgated in General ordei-s Xu. ii, (irst series of 18tI6, from these Ilead(juarte) s, is hereby rc- uiittetl. lie will be released Irom coidine:::cnt at the i'eni- teiitiary, Jellersou City, Missouri.

V.. . The unexpired portion of the sentences ot imprisonment in the case? of Jaujes W. Young-, late i>rivate i o. K, Bid Battalion 18th U. S. Infantry, and James II. Ueard, late liiivate Co. II, 3rd Uattalion, 18tli U. ^. Infantry, promnlg-a- ted ill General Orders No. 42, tirst series of 18(i6, Irom tlu-sc Headquarters, is hereby remitted. They will be rekased h'oiu conliiicmeut at the Penitentiary, JeUerson Cit v, Mis- souri.

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[2] VI . . Tlir uncxiiml p* rlion of llic pontoncc in the case

<)! Jan-.cs MiK.Mr!:.inl, laio i livatc Co. V, U. >. J nginecip, 1 rrii uljrati dill i.iiKial Oni< is >o. 44, lirst serios of 186(i, M-oiu tUr-sf lk'a»l<|unrti IS, is licieliy icuiittoti lie will l.c re- loaseil from contiiifiiKiil al the IVuiteiUiaiy, Joflerson City, Missouri.

By Conimana ol MAJOK GKNF.KAI- nA.NCO( K :

CllAl ^C KY M( KELVER, Asuittant Adjtttant GtntraL

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OFFICIAL :


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HEADQUARTERS DEPARTMENT OF THE MISSOURI, FORT LE-WEXWOKTH, KANSAS, May Otli 1K()7.

GENERAL ORDERS, ] No. 7G. [

Upon the recommendation of his Connnanding Officer, the unexpired i:)oi'tion of the sentence, promulj^ated in General Orders No. 22, current series, from these Head- quarters, in the case of Private James O'Brien, Co. E, 3d U. S. Infantry, and so much thereof as directs his dishonorable iliscliarge, is hereby remitted. He will be released from continement and retui'ned to duty.


CHAUNCEY McKEEVER, A.«isto)if Adjutant General.

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HEADQUARTERS DEPART]MENT OF THE I^nSSOURI, FORT LEAVENWORTH, KAJJSAS, May 18th, 1867.

GESEKAL ORDERS, No. 79.

Upon the recommeudatiou of their Commanding Officer, the uuexpired portion of the sentence of confinement, iu the cases of Privates WiUiani SnodgrasH (ind Stejyheu L. Ryan, Company F, 3rd U. S. Infantry, promulgated in General Orders No. 68, current series, from these Headquarters, is hereby remitted. They will be released from confinement and returned to duty.


OHAUNCEY McKEE^^R, Assistant Adjutant General.

OmciAi:


44

i*

G. C. M.

1. Michael Loftus, Private Company E, U. S. Eugr. Battn. 2. Charles Johnson, Private Company C, 38th U. S. Infty. 8. David Youn<i!-, Private Company G, 88th U. S. Infantry. 4. Harrison Bristoe, Private Company B, 88th V. S. Infty. ;■). James Towson, Private Company D, 88th U. S. Infty. (). Jellerson Myers, Privsite Compiiny G, 88th U. S. Infty. 7. Abraham Brown, Private Company D, 88th U. S. Infty. 8. Thomas Nathan, Private Company G, 88th U. S. Infty. !). Caleb Htidson, Private Com; any D, 88th U. S. Infty.

10. William Smith, Private Company D, 88th U. S. Infty. 11. Dennis Myers, Private Company G, 88th U. S. Infty. 12. Joseph Willhio-h, Private Company G, 88th U. S. Infty.

ijt^Sr

HEADQUARTERS DEPARTMENT OF THE MISSOURI, FORT LEAVEXWORTH, Kansas, May 20, 18G7.

GEXER.\L ORDERS, No. 80.

I .. Before a General Conrt Martial which convened at Jef- ferson Barracks, Mo., May 1st, 1867, pursuant to Special Or- ders No. 92, Paragraph 1, current series, from these Head- quarters, and of which Brevet Major General W. B. HAZEN,

Colonel 38th U. S. Infantry, is President, M^ere arraigned and tried:

[2] 1st.—Michael Loftus, Private Company E, U. S. Engineer

Battalion.

CHARGE 1st—Quitting his guard. Specification.—^In this, that he, Private Michael Loftiis, of

Company E,U.S.Engineer Battalion, having been duly mounted on guard, did desert his guard without permission, on or about 6 o'clock, p. M., and remain absent until on or about 9,80 o'clock, p. M., of the 17th of March, 18G7. This at Engineer Depot, Jefferson Barracks, Mo., on or about the 17th of March, 18(;7.

CHARGE 2d—DrunJivanens. on duti/. Specification.—In this, that he. Private Michael Loftus, of

' Company E, IT. S. Engineer Battalion, being a member of the guard and having been duly posted as a sentinel, became so drunk, as to be unfit for the discharge of his duties, on or about the 17th of March, 18G7. This at the Engineer Depot, Jeffer- son Barrjicks, Mo., on or vhr.wi the 17th of March, 18(57.

To which charges and speciiicatit)ns the accused pleaded ;i.; follows: To the specification Ist chai'ge, Not GuiUij. To the 1st charge, Not Guilft/. To the specification 2d charge, Guilti/. To the 2d charge, 0,nlf]i.

FINDING.

The Court having maturely considered the evidence adduced, finds the accused. Private Michael Loftus, Company E, U. >S. Engineer Battalion, as follows: Of the specification Ist charge, Not Guilti/

of the specification as it reads, but guilty of absenting )iim- self from his guard without permission. Of the 1st charge, Guiltij. Of the specification 2d charge, Guiltij. Of the 2d charge, Guitiij.

SENTENCE.

And the Court does therefore sentence him, Private Michael Loftus, Company E, U. S. Engineer Battalion, to forfeit to the United States fifteen dollars of his monthly pay for three (3) months, and to be confined at hard labor in charge of the guard, at the post guard-house, Jefferson Barracks, Mo., for the same period.

[3] 2(1.—Charles Johnson, Private Company C, 8<Sth U. S. In-

fantry, on the following charge and specitication:

CHAKGE— Df'f<ei'(io n. Specijicafion.—In this, that he, Private Charles Johnson,

Company C, 38th U. S. Infantry, being dnly enlisted in the Uni- ted States service, did desert fi-om his Company and Regiment nt Jeft'erson Barracks, Mo., on or abont the 18th day of March, 1867, and did remain absent as a deserter nntil apprehended and bronght back on the 9th day of April, 1867.

To which charge and specification the accused pleaded as follows : To the specification, UutUy. To the charge, Guilty.

FINDING.

The Court having maturely considered the evidence adduced, tiiids the accused. Private Charles Johnson, Company C, 38th U. S. Infantry, as follows: Of the specification, Guilty. Of the charge, Guilty.

SENTENCE.

And the Court does therefore scntenct^ him. Private Charles ■Ioh!is()H, Company C, 38th U. 8. Infantry, to make good all time lost by desertion, to re-imburse the United States all expenses incurred in his apprehension, to forfeit aU pay now due; to forfeit to the United States fourtc^en dollars ($14 ) per month of his monthly pay for the period of six ((J) months, and to be confined at hard labor under guard for the same period.

•M.—David Yotmg, Private Conipany G, 38th* U. S. In- fantry, on the following charge and specifications

CHARGE.— Conduct to the prejudice of good order and military (lit^npline.

Specification.--lu this, that he, Private David Young, Com- pany G, 38th U. S. Infantry, did violently assault and strike George W. Hillyard, Private and Lance Sergeant of Company Gr, 38th U. S. Infantry, while in the performance of liis duty as Lance Sergeant. AU this on or about April 15th, 1867, in the quarters of Company G, 38th U. S. Infantry, at Jefferson Bar- racks, Mo.

<»i>t|

iiiy

[4] To wliicli charge and specilication the accused j^leaded as fol-

lows :

To the specilication, {no plea recorded.) To the charge, .- {)io plea recorded.)

FINDING.

The Court having maturely considered the evidence adduced, tinds the accused, Private David Young, Comijany G, 38th U. S. Infantry, as follows: Of the specification, Not GuilU/. Of the charge, Not Guiliy.

And the Court does therefore acquit him, said Private David Young, Company G, 38th U. S. Infantry.

4th.—Harrison Bristoe, Private Company B, 38th U. S. In- fantry, on the following charge and specification:

CHAKGE—Desertion. Specification.—In this, that he. Private Harrison Bristoe, of

Company B, 38tli U. S. Infantry, having been duly enlisted into the mihtary service of the United States, did desert therefi'om, on or about the 14th day of January, A. D. 1867, and did not return until he was apprehended and brought back in custody to Jefferson Barracks, Missouri, on or about the 3d day of April, A. D. 18G7. This at or near Jefferson Barracks, Mo.

To which charge and specification the accused pleaded as follows: To the specification, GuiUij. To the charge, Guilty.

FINDING.

The Court having maturely considered the evidence adduced, finds the accused, Private Harrison Bristoe, Company B, 38th U. S. Infantry, as follows: Of the specification, Guiltij- Of the charge, Guilty.

SENTENCE.

And the Court does therefore sentence him. Private Harrison Bristoe, Company B, 38th U. S. Infantry, to make good all time lost by desertion, to reimburse the United States all expenses incurred in his apprehension, to forfeit aU pay now due, t(» forfeit fourteen dollars ($14) per month of his monthly pay for

U

the period of six mouths, and to be coiitiiied under jûard ai hard Labor for the same period.

oth.—James Towson, Private Coui2:)any D, 88th U. S. lufantry, on the following charge and specification :

CHARGE—Uenertion. Specijicafion.—In this, tliat he, Private James Towson, of

Coin2)any D, 38th U. S. Infantry, a duly enlisted soldier in the service of the United States, (hd desert fi-om his Company on the 18th of March and continue as a deserter until aj>prehen- (ledat St. Louis and returned (under charge of Corporal Mor- ris) to his Company Commander at Jefferson Barracks, Mo.. March 22d, 1807. This at Jefferson Barracks, Missouri, on oi- about the 18th day of March, 18(57.

To which charge and specification the accused pleaded as follows: To the specification, Not Guilty. To the charge, Nut Guilty.

FINDING.

The Com-t having maturely considered the evidence addu- cciJ, tinds the accused, Piivjite James Towson, Company D, 88tli U. 8. Infantry, as follows: Of the siêcification, Not Guilty,

as it reads, but Guilty of al)senting himself from his Com- pany without leave, from the 18th to the 22d of March, 18(57.

Of the charge, Not Guilty, hut Guilty of ahxence without Imce.

SENTENCE.

And the Court does therefore sentence him, Private James Towson, Company D. 38th U. S. Infantry, to foi'feit ten dollars ($10) of his monthly pay for two months, and be confined un- •ler guard, at hard labor for the same period.

6th.—Jefferson Myers, Private Company G, 38th U. S. In- tan try, on the following charges and specifications :

CHARGE 1st—Dii<ohedience ()fo)'dn's. îedjieation.—In this, that he. Private Jefferson Myers, Com-

pany G, 38th U. S. Infantry, having been ordered by his Com- manding Officer, P. M. Crandal, 1st Lieutenant, 38th United States Infantry, Commanding Company G, 38th United States Infantry, to carry wood on his shoulder, did positively refuse

^.

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i

},2fl'lijf(if;

MM

[6] to obey said order. All this on or about the 15th day of April, 1867, at Jeiferson Barracks, Missouri.

CHARGE 2d—Conduct to the prrjudicc of good order ajid niUifnn/ diHcijiline. Specijicaf ion.—In this, that he. Private Jefferson Myers, Com-

pany G, 88th United States Infantry, did threaten violence to Private (rcorge Hillyard, Lance Sergeant, Company G, 38tli United States Infantry, saying "if you come near me I will throw this stick of wood on you and kill you" or words tothat effect; Private George Hillyard, being at the time in the performance of his duty as Lance Sergeant, Company G, 88th United States Infantry.

To which charges and specifications, the accused pleaded as follows: To the specification 1st charge, Not Guilty. To the 1st charge, Not Guilty. To the specification 2d charge, Guilty. To the 2d charge, Not Guilty.

FINDING.

The Court having maturely considered the evidence adduced, finds the accused. Private Jefferson Myers, Company G, 88th U. S. Infantry, as follows: Of zhc specification 1st charge, Not Guilt if. Of the 1st charge, Not Guilty. Of the specification 2d charge, Guilty. Of the 2d charge, Guilty.

SENTENC;E.

And the Court does therefore sentence him, Private Jetfer- son Myers, Company G, 38th U. S. Infantry, to forfeit to the United States twelve dollars ($12) of his monthly pay for one month, and be confined at hard labor for the same period.

7th.—Abraham Brown, Private Company D, 88th U. S. Li- fantry, on the following charge and specification:

CHARGE—Sleejjing on Post, in Violation (tf thdiath Article of War-

Specification.—In this, that he, Private Abraham Brown, Company D, 88th Infantry, United States Army, having been properly detailed and mou.nted as guard, did, when posted as sentinel, go to sleep. All this at Jefferson Barracks, Mo., on or about the 12th day of April, 18(5 7.

'<l

u

4(1

[7] To which charffe and specification, the accused pleaded as

follows: To the specification, ^ ..... ^ . ^ .. . Oui/ft/. To the charge. G,ii/ft

FINDINO.

The Court havin<^- niatuiely considered the evidence adduced, finds the accused. Private Abraham Brown, Company D. 38th U. S. Infantry, as follows: Of the specihcatit)n, , GaiUif. Of the charge,' GuiJtt/.

SENTENCE.

And the Court does tlierefore sentence him. Private Abraham Brown, Company D, 38th United States InfLiutry, to be c:)n- tiiied at hard labor in char;^e of a ;.;'uard, for one month. The Court is thus lenient in view of th.^ fact that this vv<is the first time Private Abvaliam i3rovv"ii Ini,s been on ji^nard.

8th.—Thomas Nathan, Private Company G, SSMi United States infantry, on the foUowinj^" char<jfe and specification:

CnMUiK—(!<)H<hirf f(i fhf^ iirrjiidiii' ^r (jnod unh',- uml iinlifarii tlis-

<-i/l!)IH'.

Specijicatidii. -In this, that he, Private Thomas Nathan, Com- pany G, 88th United States Infantry, did violently assault and strike George W. Hillyard, Private tnid Lance Sergeant, Com- pany G, 88th United States Infantry, while in tlie performance of his duty as Lance Sergcsanf, All this on or about April loth 18(!7, in the quarters of (company G, 88th ITnited Statt^s Tn- faiitry. at Jefferson Barracks, Mo!

To which clwi'ge and specification the ace ised pleaded as follows: To the specification, Not Guilty. To the charge Not Guilt';/.

FINDING.

The Court having maturely con.sidered the evidence adduced. tiiKls the accused, Private Thomas Nathan, Compnny G, 88th United States Infantry, as follows: Of the specification, Gailt,/. Of the charge, Gruilfi/.

,w V

[8] SENTENCE.

And the court does therefore sentence him, Private Thomas Nathan, Company G, 38th United States Infantry, to forfeit to the United States fourteen ($14) dollars of his monthly pay for four months, and be confined at liard labor in charp^e of the ^lard for the same period.

9tli.—Caleb Hudson, Private Company D, 38th United States || Infantry, on the following charge and specification:

CHARGE—Dexertio)i. Specification.—In this, that he, Caleb Hudson, a Private of

Company D, 38th U. S. Infantry, a duly enlisted soldier in the service of the United States, did desert from his Company and Regiment at Jefferson Barracks, Mo., on the 18th of March, 1867, and did remain as a deserter until apprehended at St. Louis, Mo., and returned to his Company Commander as such, on the 23d of March, 18(;7. This at Jefferson Barracks, M).

To whicii charge and specification the accused pleaded a:^ follows: To the specification, Not GniHtj. To the charge, Nof (hiilf]i.

FINDING.

The C'ju.rt having uiaturely considered the evidence adduced, finds the accused. Private C.ileb Hudson, Comp:iny D, 38tli U. S. Infantry, as follows: Of the specification, Not Guilhi

of deserting his Company and Regiment and remaining a deserter until apprehended and brough'back, but Gailty of absenting himself without leave and remaining absent from March 18th, till he voluntarilv returned on the '23d day of March, ISGT.

Of the charge, Not Guiltti, but Guilty oi absence ivithoat leave.

SENTENCE. AA

And the Court does therefore sentence him. Private Caleb Hudson, of Company D, 38th Infantry, to forfeit ten dollars ($10) of his monthly pay for two months, and be confined under guard at hard labor for the same period.

10th.—William Smith, Private Company D, 38th United States Infantry, on the following charge ancl specification:

il

[0] 'CHXB.GE^-CJidffing hU (juard.

Spevijication.—In this, that he, Private William Sniitli, Com- pany D, 38tli United States Infantry, a member of the post iniard. at Jeiierson Barracks, Mo., did quit his gnard, and remain absent imtil arrested and brought back by Private Gains, of Company C, 38th United States Infantry. This at Jefferson Barracks, Mo., on or siboiit the night of the 24th day of Marcli 18B7.

To which charge and specitication the accused pleaded a,^ follows: To the specification, Not Guilty. To the charge, Not GiiUfij.

FINDING.

The Court having maturely considered the evidence adduced, finds the accused, Private William Smith, Company D. 38th United States Infantry, as follows: Of the specification, .... Giiilttj. Of the charge, G nil ft/.

SENTENCE.

And the court does therefore sentence him. Private William Smith, Company D, 38th United States Infantry, to forfeit ten dollars ($10) oi his monthly pay for one njonth.

11.—Dennis Myers, Private Comj)any (i, ;>Sth United StateM Infantry, on the following charge and specitication: CHARGE—Coiulucf to the prejudice <)f good order n)id military dis-

lipline, Spec\firatl<>ii.—In this, that he, Dennis Myers, a Private ol

Company G, 38tli United States Infantry, did violently assault with a knife, Samuel Davis, a Private and Lance Sergeant in Company G, 38th United States Infantry, while in the performance of his duty as Lance Sergeant. All this on or about April 15th, 1807, in the cpiarters of Company G, 38th United States Infantry, at Jefferson Barracks, Mo.

To which charge and speciffcation the accused pleaded as follows: To the specitication, Nof GaUh/. To the charge, Not Gm'/ty.

FINDING.

The Court having maturely considered the evidence addu-

mm\$

[10]

ced, finds the acciised, Private Dennis Myers, Company G, 88tli United States Infantry, as follows: Of the specification, Guilty. Of the charp:e, GuilUi.

SENTENCE.

>:ind the Court does therefore sentence him, Private Denuis Myers, Company G, 38th United States Infantry, to forfeit to the United States fourteen dollars ($14) of his monthly pay for six months and be confined at hard labor under ^uard fqr the same period.

12th.—Joseph Willhigh, Private Company G, 88th United States Lifantry, on the following charge and specification:

CHAIIGE—Coiuliicf t'l Uii' i>ri'jti(lli-(' of cjODd order niid nnlitarydi.i- clpiine. Hpei-ifi.-u'ion.—In this, that he, Joseph Willhigh, a Private

of C.qnjpany G, 88th United States Infantj:y, did violently assault >^nd strike Samuel Davis, Private iijid Lajice Sergeant, Company G, 88th United States Infantry, while in the performance of his duty as Lance Sergeant. All this on or about April 15th, 18()7, iii the quarters of Company G, 88th Infantry, at Jeflerson Barracks, Mo.

To which charge and specification the accused pleaded as follows: V To the specification, Not. Gailhi. To the charge, Not Guilty.

FINUINU.

The Court having maturely considered the evidence adduced, finds the accused, Private Joseph Willhigh, Company G, 88th United States Infantry, as follows: Of the specification, Guillfi- Of the charge, Guilty.

SENTENCE.

And the Court does therefore sentence him. Private Joseph Willliigh, Company G, 88th Infantry, to forfeit to the United States fourteen dollars ($14) of his monthly pay for six months and be confined at hard labor, in charge of a guard, for the same period.

4i

[11]

II... . The proceedings, findings and sentences, in the foregoing cases of Privates Michael Loftus, Company E, U. S. Engi- neer Battahon, Charles Johnson, Co.C, Harrison Bristoe, Co. B, James Towson Co. D, Jefterson Myers, Co. G, Abraham Brown, Co. D, Thomas Nathan, Co. G, Caleb Hudson, Co. D, William Smith, Co. D, Dennis Myers, Co. G, and Joseph WiUliigh, Co. G, all of the 38th U. S. Infantry, are approved. The sentences will he duly executed.

Ill the case of Private David Young, Co. G, 38tli U. S. In- fantry, the proceedings and findings are disapproved, owing to the inadA erteiice or carelessness of the Court and Judge Advo- cate, the Record does not contain fh"/I'ca oi the accused, which is a fatal defect. The prisoner will be released from contineiiicnt and returned to duty.

III. . The General Court Martial of which Brevet Major Greneral W. B. H.VZEX is President, is lureby dissolved.

By command of Maj(U General HANCOCK:

CHAUNCEY McKEEVER, Aft^istanf Adjutant General.

OFFICIAL:


'■ ,4

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^

G. C. M.

Brevet Cai)tuiu P. K. Tlionias, Ist Lieut. 8(1 U. S. dv

Brevet Majoi- (TCO. W. HowliUid, Capt. od V. S. Ca'

HEADQUAirrEKS D]CPAin\A[KXT OF THE MISSOUBI.

Foirr LivWKNwovrH, Kinisas, M;iy'21, 1S(!7.

GENERAL Oin)p;Ks, No. SI.

I....Before a (xeueral Court M;irtial wliiel) couvcned a

Fort Union, N. M., April IStli, 1<S(J7, pursuant to .Si)eeial Orders

No. 58, Paraj>raph 2, current series, from these Head(]uarter.'^.

imd of which Brevet Cohmel NKLSOX H. DAVIS, Mai(»r and In

speetor General, is President, wei-(^ ai'rai^ned and tried:

Ist.—Brevet Captain P. K. Thomas, 1st Lieut. iJd ITnitcd States Cavahy. cm the followin<4' cliargefi and sjiecitications:

CHARGE—Coinhict iinhccominf/ (in Officer (iiid a (jcnUciwan.

Specificafioii.—In this, that P. K. Thomas, Brever C!aptaiii iiiid 1st Lieut. 8d I'. S. Cavalry, did sell one mouse colored mule, the property of the United State ;, to AValter Armstrong. Quartermaster Ser^-eant, G CompiUiy, ;Jd ITnited States Cav- alry, for the sum of one hundred flOO)" dollars, representing^ to said Walter Ai-mstrong that the mule was his (Lieutennn; Thomas') pi-ivate pro]ierty, and that he did ap])roi)riat(i tin proceeds of said sale to his own use and benefit. All this ai or near Fort Garland, C. T., on or about the 18th day of Oc- tol)er, 18(!(;.

i

ADDITIONAX CHARGE— (hiirliicf to the pvt'jiidict' of goixJ order imtl military discipline.

Specification 1st.—In tliis. that 1st Lieutenant and Brevet Captain P. K. Thomas, 3d United Slates Cavah'v, did duvin^- the Winter of 18t)5 and 6(5, at or near Little Rock, Arkansas, receive a certain snni of money from Private Daniel Salter, of Gc Company, 3d United States Cavalry, amounting to some $60 or $70, deposited with him for safe keepint^-, and he, the said Ist Lieiitenant and Brevet Captain P. K. Thomas, does still owe the said D.iiiiel Salter a part of said sum of monev amounting to ($32 "i thirty-two dollars.

tipecification 2d.—In this, that the said 1st Lieutenant and Brevet Captain P. K. Thomas, 3d United States Cavah'v, did during the month of March, 18(56, at or near Little Rock, Ar- kansas, draw the pay of Private Paul Becker, of G Company, 3d United States Cavalry, without the authority of the said Becker, and while he, the said B^ciier, was in continement. And that the said Lieutenant and Brevet Captain P. K. Thomas, does, March 1(5, 186(5, still cnve the said Becker the sum of sixty- live uollars, ($(55.;

Spe.rijication '6d. —In this, thiit the said 1st Lieutenant and Brevet Captain P. K. Thomas, 3d United States Cavalry, did (hiring the month o'l ^'larcli, 18(5(5, ;.t or near Little Rock, Ar- kansas, draw the pay of AVilliam Livingstone, Private G Com- pany, 3d United Spates Ciividry, amounung to ($41:, > whileliie said Livingstone was on detached service, and without his(Liv- ingstone's) knowledge or consent, and that the said 1st Lieu- tenant and Brevet Captain P. K. Thomas has failed to pay over to the said Liviiigst>)ne the said sum of money.

Specification 1th.—In this, that the said 1st Lieutenant and Brevet Captain P. K. Thomas, 3d United States Cavalry, did up to this date, fail to pay Private; Henry Snowdon, Company tailor of G Company, 3d United States Cavah-y, the sum of ($30,) thirty dollars, said sum being due the said Snowdon for tailoring done by him for the said 1st Lieutenant and Brevet Captain P. K. Thomas at various times during the years of 1864, 65 and 66, all tnis to the prejudice of good order and military discipline.

To which charge and specifications the accused pleaded as follows: To the specification of the charge, Not Guilty. To the charge, Not GviUih

M

To the 1st sjx'citicatiou of juUlitioiiiil chjirge, Nof llnlUtj. To the 2d specificntioii of additional charji^e Not Guilty. To the 3d si)ecitic-atioii of additional charjjfe, Not Guilty. To the 4th speeitication of additional cliarjii-e Not Guilty. To the additional charge, Xot Guilty.

FINDINW.

fl| The Court having- maturely (u)nsidered the evidence ad<luced.

tiiids the accused, 1st Lieut, and Brevet Captain P. K. Thomas.

:^d United States Cavalry, as follows:

Of the specification to the charge, Guiltti. except the words, "the property of th.^ United States."

Oi the charge, " Not Guilty. Of the 1st sjiecification of the additional charge,. .Not Guilty. Of the 2d sjjecitication of the additional charge,. . .Not Guilty. Of the 8d specification of the additional charge,. . .Not Guilty. Of the 4th specitication of the additional charge,. .Not Guilty Of the additional charge, Not Guilty.

And the court does therefcu'e acquit him, 1st Lieutenant and

Jh'evet Captain P. K. Thomas, 3d United States Cavalry.

2>1.—Sre\et ?.Iajor (xeorge \V. Howland, Captain 3d United States Cavalry, on the following cliai'gc and specifications:

CH.\RCE—(,'ourlu<-f uuhrcduiiuy uu officer uuil a yi'utlrnuiii.

Syecljicdtlou 1st.—In this, that Bre\et jiajor George U'. Howland, Captain 3d United Stat(is Cavalry, did have at his tent and did live opeidy \\'\{\\ a woman of ill fiune named •Tiiaiiita, and did introduce said woman to the Officers of his regiiueut and their wives as his wife. All this at or near Fort •Smith, Arkansas, between the 15th dav of Mav, 18(i(), and the loth day of June, 186(5.

Spt'cijica/iiui 2d.—In this, that the said Brevet Major Gecn-ge \^. Howland did continue to live with the said woman and represent her as his wife during the march fi-om Fort Smith,

, Arkansas, to Fort Union, New Mexico, on or about the 15th ' 'lav of Octol)er, 18(56, when he nnirried the said Juanita at

Albuquerque, N. M.

Specijiration 3d.—In this, that the said Brevet Major George w. Howland did speak repeatedly of this woman Juanita as ■'my old whore" in the presence of Officers of his regiment.

To the 1st spcc-il^catiou of the cliarge, AW Uu'dly. To the 2d specilication of the charge, Not Guilty. To the 3d speeiticatiou of the charge, Not GaiJti/. To the charge, Not GuilUi.

FIND1N(T.


finds the acciised, Brevet Major George ^V. Howland, Captain

3d United States Cavaky, as follows:

Of the 1st specification of the charge, Not Guilty. Of the 2d specification of the charge Not Guilty. Of the 3d specification of the charge, Not Guilty. Of the charge, No/ Guilty.

And the Court does therefore honorably acquit him.

II. . . The })roceedings and findings in the foregoing cases of

Brevet Major Greorge "NV. Howland, Ciiptain 3d Y. S. Cavahv

and -Brevet Captain P. K. Thomas, 1st Lieutenant ;>d V. S.

Cavalry, are iipproved. Tiiey will he released from ari'est aiul

returned to duty.

By command of Major (-ieueral HANCOCK:

CHAUNCEY M( KEEVEB,

A.^.-<i.ttanf Adjutant Gcucral.

OFFICIAT,;

^^^^-^^ ^^^^i^

"

Ai'tiuq .1 U(i<ic-A(li'ociitt'.

I

G. C. M.

1. Richard Mulouev, Private Coiii])!uiy ^f, Ttli CavahY'

'2. Tlioinas Perry, Private C()nii)aii\ H, 7th Cavahy.

;i James Kvaii, Private Company M, 7tli Cavahv.

U

HEADQUARTERS DEP\RTMENT OV THE MISSOXUU,

EoKT LFWKNAVOHTH, Kaiisas, Afay 2H, 1S()7.

GENEKAL ORDERS,

No. 84.

I. . . .Before a General Com t Martial which conxened at Port

Kiley, Kansas. April 1!), 18(57, jjiir.suant to Six'cial Orde'-s No.78,

current series, from these Headquarters, and of which Brevet

Brigadier General Pitcairn Moni.son, Colonel U. S. A., is PreH-

ident, were arraij^-ned and tried:

1st.—Private Richard Maloney, Company M, 7th U. S. Cav- iilry, on the f()llowin<f (^har^es and specifications:

CHAROK 1st—Vio/afion of fhr-kryf/i Artic/r (>/' War,

Sjx'rificofion.^-lii this, that he, the said Private lUchard Maloney, Company M. 7th U. S. C'a\alr\. did on or about the Uth day of ]\Iarch, 18(!7, become so nni<-h under the influence of intoxicatui-^- liquor, while a member of the post •^■uard at Fort Riley, Kansas, as to l)e unable to perform the duties of a sentinel properlv. This at Fort Rilev, Kansas, on or al)out the Uth day of March, 18f>7.

CHARGE 2(1—Lean'uf/ his Post, in ri<,/a/ioii af tin' Wli Ji/,</c nf War.

I'^pi'rificafion.—III this, that he, the said Private Kichard Maloney, Company M, 7th U. S. Cavahy, after beiuo- duly posted as a sentin-rd, on Post No. o, did leave his post without proper authority. This at Fort Rilev, Kansas, on or about the 14th day of Mareh, 18G7.

To which eharg-es and spee^lications the prisoner pleaded a,; follows: To the specitieation 1st charge, Guiliij. To the 1st charge, Giiilfi/. To the specification 2d charge, Giiilft/. To the 2d charge, aidlf]/.

FINDIXd.

The Court having maturely considered the evidence adduced. tinds the accused as follows: Of the speeiiication to the 1st (thai'ge (iiiilh/. Of the 1st charge, (iiiilhj. Of the specification to the 2d charge, (inHit/. Of the 2d charge Gnilhi.

SENTENCE.

And the Court does therefore sentence him. Private lli(!Liml Mahmey, Company M,-Tth U.S. Cavalry, to be confined at hard labor in charge of the guard, for the period of 4 Calendar months, the last 14 days of which confinement shall be solitarv. and ui)on l)read and water diet.

2d.—Private Thomas Perry, Company H, 7th Cavalry, on the following charge and specification.

CHAR(iK—•C(>n'h«-t prcjiidicia' to good ordrr and indifnri/ di^cip-

SpeciJirfUloii.^In this, that he, the said l*rivat(^ Thomas Perry. Company H, 7th Cavalry, did deliberately fire at and wound Private John Martin, Cttmpanv H, 7th Cavalry, on or about the 13th day of March, 18G7. All this at Fort E'iley, Kansas.

To which charge and specification the prisoner pleaded as fellows : To the specification, GHtltij. To the charge, '^"''/''/•

FINDING.

The Court having maturely considered the evidence adduced, finds the accused. Private Thomas Perry, Company H, 7th X

<<f

lii

S. Cavalry, as follows:

Of the specification, Guillii. l)iit aftach no criiiiiuality tlu'ivto.

Of the charg-e, (rin'/fi/. hut attach no criniinulity thereto.

And the Conrt does therefore acquit him.

:5(1.—^Privfite James Kyjin, Company M, 7th V. S. Cavalry. (Ill the following' charj^'e ; and specifications:

C'HAKOE 1st-—I)e><('vfii>u.

Spi'cijicah'oii.—-In this, that lie, Private James liyan, Com- pauy M, 7th U. S. Cavalry, liaA ing been duly enlisted into the service of the United States, did desert the same, on or about the 2d day of March, 18(57, and did remain away until ai)pre- lieiuled and brought back, on or about the 7th day of Mai-ch, 18(17. Thirty dolLirs })aid for ap})rehension. This at or near Fort Riley, Kansas.

CHAKUE 2d'—('OIKIIDI pn'jilflirldl /n (join] ni-ih'r mill inililnril '/''--

i-'iprnic.

Him-ifwatidii.—In this, that he, Private James Kyan, Com- pany M, 7th U. 8. Cavalry, did desert the service and take with him government projx'rty to the annmnt of ($r)l,()5) fifty-(me (loUiirs and sixty-five cents, foi' which l.st Lieutenant Owen Hale, was responsible. This at or near Fort Kiley, Kansas, on or ahont the 2d day of March, 18(57.

To which ch:iro-e-i and spcitications the prisoner pleaded a.s

follows:

To the specification of the 1st chai-'^-e, Not (rul/ti/. To the 1st char<>e, Not Gid/fi/. To the specification of the 2d char<.>e, Nof (iiii/fif. To the 2d charge (h/i/fi/.

FINDING.


tiuds the accused, Private James Ryan, Company M, 7th U. S. Cavalry, as follows:

Of the specification to the 1st charge, Guiltij. Of the 1st charge, Gxulfy. Of the specification to the 2d charge, GuiJtij. Of the 2d charge, GuiUy.

■ ■ " -fT'ffi

[4]

i

SENTKNC^K.

Alul the Ccmrt does tlierefore sentence liim, Pi'ivjite Jjinu;s Ryan, Company-M, Ttli Cavalry, to be ciishonorably discbarged the service, and to be confined at hardlal)or for six nioiitlis and to forfeit all pay for the same period.

II.... The proceeding's, findings and sentence in the case w of Private llichard Maloney, Co. M, 7th U. 8. Ca\alrv, are approved. Th(^ sentence Avill l)e duly executed at the Post where his company may be serving.

In the case of Private Thomas Perry, CV). H, 7tli V. S. Cav- alry, the proceedijigs and findings are disapproved. It is a general rule, that wlum the acc-used pleads guilty, no testimony upon the merits is tti be introduced. But it is believed to IK-

essential to <i proper administration of jusfice, that the prosecution should oiler evidence of the circumstances of the oft'enee, notwithstanding the jdea of guilty has been interposed. Such testimony is necessary to enable the reviewing officer to pass intelligentl}^ upon the whole c;ise, No evidencte whatever was taken in this case. Having- pleaded guilty, the accusation is considered virtually proved and the prosecution closed, as a confession in open court is held to be sufficient to convict. The prisoner therefore having admitte<l the truth of the charge and specification in this case, should have been fcjund g;uilty and xm- tenced according to the oft'ence; and if there were any palliating circumstances connected therewith, (none being shown by the Record,) or if the court considered the prisoner entitled to mitigation of punishment, a recommendation to clemency could have been forwarded with the proceedings. A verdict of guilty of "conduct to the prejudice of good order and military discipline," in deliberately firing at and wounding a man, fj^ and "attaching no criminality thereto,' without any evidence whatever to show a want of ca-iminality, is stultification.

The prisoner will be released fi'oni confinement and returned to duty.

The proceedings, findings and sentence of the court in the case of Private James Ryan, Co. M, 7th U. S. Cavalry, are ap-

*

■ [5]

proved, and the sentence will be duly executed, excejit th. forfeiture of pay after his discharge, whicn is impracticable.

III....The General Court Martial of which Brevet Bri-. adier General PITC.^IRN MOKKISON, Colonel U. S. Army, is Pres- ident, is hereby dissolved.


CHAUNCEY McKEEVER,

A.^sisfanf Adjutant General.

OFFICI.^L :

y^^^^^t^C^c^t>(^-aC^^^^^, Acting Judge-Adcoeate.

*

HEADQUARTEES DEPARTMENT OF THE MISSOURI, FORT LEAVENWORTH, KANSAS, May 23, 1867.

(TENERAL ORDERS, No. 85.

In the case of Private Lafayette Baker, Company I, 7tli U. S. Cavalry, sentenced "to be confined at nard labor for the period of one (1) year, in the gnard house, at such posts as his company niay be serving during that time, and to forfeit all pay and allowances now due, or that may become due, dui'iiig the period of his punishment, except the just dues of the sutler and laundress,"' jironiulgated in General Orders, No. 14, current series, from these Headquarters, the sentence is mitigated to eontinenient at hard labor for six (G) months, and to forfeiture of all pay and allowances during that period.

By connnand of Major General HANCOCK:

CHAUNCEY McKEEVER, Amiafant Adjutant General.

OFFK


Illfi f

1 'i 3-

G. C. M.

'•

1, Thoniiis J. Strup})ri-, Kcci'uit, otli U. S. Int'iintry, '2. 1st Lieutenant John FHIVCV. 3(1 U. S, Cavalry.

<l

HKADQUAKTEKS DEPARTMENT OF THE MISSOUIU, Four L-. v\ I ^^^..r •!,<. K \Ns.\s, ]\ray 24, 18(17.

Gl'-NF-KAh Ol;l)Kl!S, \ No. HC>. i

1. . . .Before a (reneral Court .Martial wliicli eonvened at Fort Bayiird, N. M., April 4tli. l.S(!7, 2)ursnant toSpeeial Orders No. 00, current series, from these Headcinarters. and of wliich Brevet Lieutenant Col. EDW.VKD P. CUES-SY, Cai)t. 'Ad V. S. Cavalry is I'resident, were arrni^^nied and tried

Iwi—Reeruit Thomas J. Strupper, 5tli U. S. Infantry, ui)on tlie followintjc eliar'^es and s})eciti('ations:

CUAK(T]-; 1st—I>t'.-«'rtioii.

Specijicafion.—Li this, tliat Recruit Tliomas J. Strupi)er, of Co. B, .5th U. S. Infantry, did desert his Company on the night of the 4th day of March, 18(57, and remain ab.sent until apprehended on or about the lOtli day of March, 18(57, at Fort Cummings, N. ^[. This at Fort Bavard, N. M., between the 4th day of March and the lOtli day of Marcli, 18(57.

CHAROK 2d—(\,ii'Jii'-l I" llir /)j-i'/iuh'cr 1)1' (iDitil itrdcr and ))ii/ituri/

(liftfipllilc.

'Spcrijirat 1(111.—In this, that Recruit Thomas J. Strupper, of Co. B, .5th F. S. Infantry, did sell or h)se throuj^'h nejjflect, tlie following;- named articles of Ordnance and Ordnance Stores and Camp and Garrison E(piipa<;'e, viz: one bayonet scabbard, one cap pouch, and cone i)iclc, one cartridge box i)late, one waist })elt, one waist belt plate—total value of ordnance, one dollar and tliirty-six cents. Two great coat straps, one bed sack, one ^vlla])s;l(•1^. one haversack, and one canteen—total

#>■

fuonev value <»t Camp and (TJUTison Eiiuipa<^e, eight dollars and thii'tv-two cents. This at Fort Bavard, N. M., between the 4:th day of ^L-ivcli. ISCT, and tlie lOtll^ day of Marcli, 1H()7.

To the sjjeeitication 1st charge (nii/h/. To the 1st charge Giu'lfy. To the specitication 2(1 cliavge No/ Gu'dttj. To tlie "id charge Nat (hiilfif.

Of the specitication 1st cliarge, drin'/fi/. Of the 1st charge Uiiiliij. Of the specitication "id charge, Oiiiltii,

except the words "one cartridge box plate, two great coat straps, one l)ed sack. "

Of the -id charg<' dHUhj.

SKNTKN( F,

To forfeif to tlie I'nited States all pay and allowances that

are i;o\v. or may l;ec( me due him, ^'xcept the jnst dues of tlie

.siitler and laundress, to be drnnimed out of the gaiTison and

(hsiionorably discharged tlie s('r\ice,

2d.—1st Lieut- John Falvey, :?d I'. S. Cavalry, ii])on tlie following charges and specifications:

CHAH(iK \s\ - l>riiiiLciiiic!<s on (lidif.

S/)('rijic(t/ioii 1st. —In this, that 1st Lieut. John Falvey, 'M U. S. Civalry, did, while oSrer of the div, leave his po-il; and visit the quarters of some Volunte(U' officers stationed a mile distant, and there become so drunk as to be unal)le to return to his own camp until 11 o'ch)ck p. M. lliis at Los Pinos, N. M., ou or al)out the night of the 2d of September, 18(5(5.

Specifivatio)! 2d.-—In this, that 1st Lieut. John Falvey, IJdT. S. Cavalry, did, while in command of ('om})any M, of that regiment, absent himself from his command and did remain al)- sent from 5 o'clock r. M., on the afternoon of the KSth day of September, 18(5(5, until day-l)reak on the morning of the 17th of September, 18(5(5, he 1st Lieut, John Falvey, ha\ing ])ec()me so drunk betAveen Fort Selden, N. M., and his company camp- ground, as to be comi)elled to lie down by the road-side, un- conscious of his whereabouts, although he was but a short distance fi'om the camp of his comjiany. This on the march from Fort Selden, X. M., to Fort Bavard, N. M., on or Jibont the night of the ICtli of September. m\(\.

I«

:T

(♦

( HAlil.i^ 'h\ —('<iii(hici IIiil:i'i-(iiiniKj (III nj/ii-cr (iiiil (I f/cn/lcinaii.

Spcrijii-d/iDii 1st.- In this, that 1st Liriit. John Fulvcy, Hd r. S. C'avidvv, (lid become so disgraecl'idlv drunk, and was so insulting- at tlie sutlers store at Foi't ('rai<^', N. M., as to neces- sitate his removal from tlie presence of tlie tlie bystanders. This at Fort Craij;-, X. :\1.. on oi- about th< 'Uli day of Se])- teiaher. IHdIi.

Speciflcdfioii 2d.—in tins, tliat 1st Lieut. Jolui Falvey, od U. S. Cavalry, did visit the (]uaiters of Mrs. Brifêt Macklin. and then and there, after liavinj^' ordered the husband of Mrs. Macklin (a jjrivate of ("o. M, 3d V. S. Cavalry) out of the tent, did oU'er ^ross insult to lier 2)erson, remarking at the same time: "I will f^'ive you live dollars, but you must have lu) more babies." This at or near Fort Bayard, N. M., on or about the night of tlie ]r,th of October, lHO(i.

Specijii-dtiiiii ;Sd.- -In this, that 1st Lieut. John Falv( y, ;{d r. 8. Cavalry, did visit the (|uarters of Mrs. Briget Macklin. a company laundress he, Lieut. Falvey being drunk, and carrying a bottle of spiritous liquor in each hand, and did order the liiisl>and of said laundress. Private Dennis Macklin, out of bed. saying there \vere Indians about cam}); and did thresiten said Private Macklin saying: "if you do not open the tent I will send for the guard and tear it open.'' The tent being o])ened by Private Macklin, h(>, Lieut. John Falvey, did enter and did take a seat on Îrs. Macklin's bed, at the .same time proceeding to uncork two ])()ttles of Cha]n})agne, of which he insisted that Private Macklin and his wife should drink. Private ]\Iacklin (lid as ordered, but Mrs. Macklin refused. These two bottles having l)een disposed of, he, Lieut. Falve}-, did order Private Mackhn to go to his, Lieut. Falvey's tent and get a bottle of whiskey. Having brought the l)()ttle as ordered. Lieut. Falvey ordered the said Private Macklin out of his tent: and a Private of the Infantry guard entering the tent at this time, Lieut. Falvey did otter him !i drink out of his bottle. Tliis at or near Fort Bavard, N. M.. on or about tlu' night of the 15th of October. \m\.

J^pecifiratiiiii \i\\.-~ln this, that 1st Lieut. John Falvey, Hd y- S. Cavalry, did. while in a state of drunkenness, return to the (juarters of Mrs. Briget Macklin, a laundress of Company ■Î. 3d U. S. Cavalry, and did call for the Corporal of the guard 'W<1 did take fi-om his tent Private Dennis Macklin of C(mi- pany M, :^d U. H. Cavalry, and did cause him to be tied up to =1 tree, to enable him, Lieut. Falvey, to accomplish his designs

:_..f;,.l

':^:'f;iif&:

on }.Irs. M.u'kliii. Tins :io or near Fort Jiayard, N. ^[,, on or about tilt' nit^lit of the loth of Octoliei', 1S()().

CIIAK(TE ikX — riih'dfloti <if flic 'i\C)t]i Ar/ic/c of War.

Si)"rij(i-(j''()n 1st.—In tliis, that l.>t Licnt. John Falvey, lid C. 8. Cavah'v, diil sell or ca'iiie to bt' sold, one (1) sack of Flour and one {!) sack of Bacon, rations of Company M, 8d V. S. Cavalry, iippro})riatin<j^ the money to his own use, he 1st Lieut. John Falvey, 8d U. S. Cavalry, beinj^' at tliis time in (-onnnaud of said C()m})any ;ind responsible for tln^ ratioirs. This at oi near Parah, N. 'ST., on or about the l'2th dav of SeDtenilMT. 18(5C).

Spcri/icdfioii 2d.—In this, that 1st Lieut. John Falvey, 'AdV. S. Cavalry, Connnandini^ Company M, of said regiment, did trade, or order his 1st Ser<>'eant to trade and dispose of a ni:uc, five years old, the propcu'ty of the United States, and did receive in exchan(>e a condenined horse branded C, said to be the private property of a Volunteer Officer then A(•till^• Assistant Quartermaster at Fort Crai}^', N. M. This at or near Fort Crai^, N. M., on or about the 11th day of September, IHIil!.

CHARaE 4th—Coiidiicf fi> flif j>r(jiitjir(' i>f (/()<)(/ orijrr tint/ inlUhinj dix'-iph'nf.

SpecificaHoii.—Li this, that 1st Lieutenant John Falvey, 3(1 U. S. Cavalry, commaudin}^ Company ]M, of said regiment, di<l when passing through the Company grounds with Lieut. Charles Porter, 5th IT. S. Infantry, strike repeatedly \\itli his hand Blacksmith Joseph Malhern, of Company M, 8d U. S. Cavalry, then a prisoner under charge of the guard. This iit or near Fort Bayard, N. M., on or al)out the 8()th day of Sep- t(M]iber, 18<i().

PI.K.V.

To all of whicli charges and speciHcations the accused

plea^ded > Nnl (riii/tij.

FINniN(i.

The Court having maturely considered the evidence addu-

ced finds the accused, 1st Lieilt. John Falvey, :}d V. S. Cavidry,

as follows;

Of the 1st s))ecification of the 1st charge, Ao/ atillhj. Of the 2d specifi(^ati()n of tlie 1st charge, .Vo/ Gidllll- Of the 1st charge ^^<>f Guilhj. Of the 1st specification of the 2d charge, Not OuHhj. Of the 2d specification of i\ie 2d charge, Nof OinHlh

{%

It

[5]

Of the ;5(I spcciticiitioii of tlic 2(1 charge, .Not Guilty. Of the 4th Hpeciticutioii of the 2(1 charge, Not Guilty. Of tlie 2(1 charge, N>t Guilty. Of the 1st specificatioii of tlie ;kl charge, Not Guilty. Of the 2d specification of tli(! 3d charge, Not Guilty. Of the M chai-ge Not Guilty. Of the specification of tlie 4tli charge Not Guilty. Of the 4th charge, Not Guilty.

And the Coui't does therefoi-e honorably accjnit liiin.

II. . . .The proceedings and fi]idiiigs in the case of Ivecrnit

Tiiomas J. Strui)per, ."»ih U. S. Infaiitrv, are ai)2jr>)ved. The

sentence will ))e duly executed.

In the case of 1st Lieut. John Falvey, od U. S. Cavalry, the

proceedings and Hndiugs an^ approved. There being no evi-

dence shown by the Ilecord to sustain any one of the tlie charges or specifications, the (tas(^ has the appearance of a

mahcious prosecution to gratify personal resentment.

To })refer accusations which cannot be maintained, is highly

injurious to the service, and reflects discredit njion those who

prefer them; and if upon ti'ial the charges are found to be

groundless, the officer jireferring them should be lield account-

able, and be tried hinis;df for preferriug m ilicioas charges.

Lieutenant Falvey will be released from arrest and returned

to duty.

By command of Major (leneral H.\NeocK:

CHAUNCEY McKEEVER,

Aioiistant Adjutant General.

Acting Judge Adixxate.

m

G C. M.

Daniel Lewis, Private Co. B, 88tli V. iS. Infiiutrv. Samuel Davis, Private Co. B, 88th U. S. Infantry. James (xibson. Private Co. A, 38th U. S. Infantry. William Holley, Private Co. L, 7th U. S. Cavalry. Abraham Phillips, Private Co. L, 7th U. S. Cavah-y. Barnard O'Neal, Private Co. M, 7th U. S. Cavalry. Oscar Crist, Private Co. H, 7th U. S. Cavalrv.

•

HEADQUARTERS DEPARTMENT OF THE MISSOURI, FORT LKAVENWOKTH, KANSAS, May 31, 1867.

(jENERAL ORDEKS,

No. 88.

I... .Before a General Court Martial which couA'ened at Fort Riley, Kansas, May 4, 18G7, inxrsuant to Special Orders ^0. 94, Paragraph 1, current series, from these Headquarters, and of which Brevet Major General ALFRED GIBBS, Major 7th •jiiited States Cavalry, is President, were arraigned and tried:

Ist.—Daniel Lewis, Private Co. B, 38th U. S. Infantry, on tae following charge and specification:

k¥-

[2]

C-HARCiK—Sleeping on I'osf.

Speeifiratioii.—In this, that Private Daniel Lewis, Co. B, 'AHih U. S. Infantry, haviiif^ been dnly posted as a sentinel at the Post stables at Fort Kiley, Kansas, did lie down inside of such stables and ^o to sleep, and wa-i so found by the Ccn-poral of the guard io whoi.e rtl.'cf i ;.iu Lewis belonged. This on or about the 4th day of April, lt<()7.

To which charge and speciticati> )n the ))risouer pleaded us

follows:

To the specification, (rnilti/. To the charge, (iniJtij.

FINDING.

The C'ourt after mature deliberation finds the prisoner, Pri-

vate Daniel Lewis, Co. B, 8Ktli U. S. Iid'antry, as follows:

Of the specification to the charge, it eonfirined the plea of the accused and found him Guilty.

Of the charge, it confirmed the plea <)f the accused and found him Gtiilfy.

SENTKNCE.

And the Court does therefore sentence him. Private Daniel

Lewis, Co. B, 88th U. S. Infantry, "to be confined at hard

labor in charge of the guard where his Company or Regiment

may be serving, for the period of four months; to forfeit ten

dollars per month of his monthly pay during his confinement,

the last fourteen days to be solitary, and on bread and water

diet.

'2d.—Samuel Davis, Private Co. B, 8(Sth L. S. Infantry, on the following charge and specification:

CHARGE —Conduct fo the prejudice <)f good order and military discipline.

Specification.—In this, that Private Samuel Davis, Ct). B, 38th U. S. Infantry, having been ordered by Corporal Samuel Keith, then in command of the post guard at Fort Kiley, Kan- sas, with which said Private Davis was on duty, to take charge of a party of prisoners sent out to work, did refuse to obey such order, and did threaten such Corporal with his musket to prevent him from enforcing such order. This at Fort Riley, Kansas, on or about the 30th day of March, A. D. 1867.

To which charge and specification the prisoner pleaded as

foUows:

„

„

T(i the speoiticutiou to tlic cliurge, Not Guilly. To the char^'e Not Oviltf/.

FINDINO.

The C'ourt haviiij^' niutuicly eon.siueiccl the evidence adduced,

tiiids the jirif oiiei', Private f"aiimol Davis, Co. B, lihth V. 8.

Infantry, as foUow.s;

Of the specitieatioi! to tlie <'hiU'j>e, (ilniltij. Of tlie ('har<>-e Guilty.

SENTENCE.

Aud tlie Court (h:( s Jierctore sentence Lini, Private Samuel

Diivis, Co. B, HHth V. M. Inl'antrv, "to he conlined at hard la-

bor, in charj^e of the guard, where his C'onijjany or Begiment

may be .serving, for the period of four months, and to forfeit

ten dollars per month of Jiis nu ntLly pay during liis ccmtine-

ment; the last fourt(^en days to lie uTitary, and on bread and

water diet."

8d.—James (iibson, Private Co. A, MSth Y. S. Infantry, on the followiiig charge and specifications:

( 'HAROE—Dcfiertio)).

Sp'eificatloii 1st. —In this, that Private James Gil)Hon, Co. A, 88tli U. S. Infantry, having' been duly enlisted into the military service of the United States, did desert therefnmi on or about December 2()th, A. I). 18()(!. and did not return until he voluntarily surrendered himself at Jefferson Barracks, Mo., on or about JiMiuary "iOthl, S(i7. This at or near Jefferson Bar- racks, Mo.

Specification 2d.—In this, that Private James Gribson, of Co. A, 88th U. S. Infantry, then being duly enlisted in the military service of the United States, did desert therefi'om on or about February 2()th, A. D. 18()7, and did not return until he was arrested and brought to Jefierson Barracks, Mo., on or about the 12th of March, A. D. 18(i7. This at or near Jefterson Bar- racks, Mo.

To which charge and sj)ecitications the i)risoner pleaded as follows:

To the 1st specification, Guilty. To the 2d specification, Guilty. To the charge, Guilty.

L4J

The Court after mature deliberation tinds the prisoner, Pri- ite James Gibsou, Co. A, 38th U. S. lufantry, as follows:

Of the 1st speeiticatiou it conlirmed the plea of the prisoner and found him (TKIUI/.

Of the 2d speeiticatiou it conlirmed his plea and found him Gniltij.

Of the chargv it contirmed his plea and found liim. . . . Gniliij.

SENTENCE.

And the Court dt)es therefore sentence him, Private James Gribr.on, Co. A, 38th U. S. Infantry, "to forfeit all pay and allowances that are now, <n- may bec:)me due him, except the just dues of the sutler and laundress, to be confined at hard labor in charge of the guard for six montns, and then to be dishonorably discharged the service of the United States."

4th.—WiUiam Kolley, Private Co. L, 7th U. S. Cavalry, on the following charge and specification:

CH.\KfiE—Dext'vtion. Hpecificatiou.—In this, that the said Private William HoUey,

Co. L, 7th U. S. Cavalry, did desert the service of the United States, after having been regularly (>]disted therein, and did remain absent until apprehended and brought back by a party sent in pursuit, on the '27tli of April. This at or near Fort Riley, Kansas, on the 2()th of April, 18()7. Thirty dollars paid for his apprehension.


To the specification, GuiUij. To the charge, Gidlty.

FINDINO.

The Court after mature deliberation finds the jjrisoner. Pri- vate William Holley, Co. L, 7th U. S. Cavalry, as follows: Of the specification to the charge it confirmed his plea and

found him GiiiUy. Of the charge it confirmed his plea and found him ... Guilty.

SENTENCE.

And the Court does therefore sentence him. Private WiUiam Holley, Co. L, 7th U. S, Cavalry, "to forfeit aU pay and

,

allowances that are now due, and to be dishonorably dis- Aiaxged the service of the United States.

5th.—Abraham Phillips, Private Company L, 7th U. S. Ca\ - airy, on the following ciiarge and spe(;ilication:

C/HAROE. —Besfrfioii.

Spn-ificalioii.—In this, that the said Private Abraliani Phil- lips, Coinpanj' L, 7th U. 8. Cavalry, did de.sert the service of the United States, after havinj,'' been duly enli;ted therei)!, and did remain absent until aiJjirehended and brought back by a party sent in jjursuit, on the 27tli of A2)ril. This at or near Fore Riley, Kansas, on the 2Gth of April, l.S()7. Thiri'y dollars reward paid for his a2>[)rehension.

To whi.'h charge and specification the prisoner pleaded as follows: To the specification, (luUhi. To the charge (hi'tltij.

FINDINO.

The Court after mature deliberation hnds the jirisoner. Pri- vate Aljraham Phillips, Company L, 7th U. S. Cavalry, as follows: Of the specification to the charge it confii'nied his plea and

found him Guilty. Of the charge it confirmed his 2>lea and found him .... Gniltij.

SENTENCE.

And the Court does therefore sentence him, Private Abra- ham Phillips, Co. L, 7t!i U. 8. Cavalry, "co be confined at hard labor for six months, to lose all pay and allowances, and to be discharge:! dishonorably from the service at the exjiiratiou of his sentence."

(Jth.—Barnard O'Neal, Private Co. M, 7th L. S. Cavalry, on the following charges and specifications:

CHARGE 1st—Conduct to tlu' prejudice of good order and military discipline.

Sperification.—In this, that the said Barnard O'Neal, Co. M, 7th U. 8. Cavalry, while being taken to the guard-house by Sergeant Albert Piedfort, Co. F, 7th U. 8. Cavalry, by order Commanding OfTicer of the Post, did violentlv assaiilt and ■strike with a bottle, said Sergeant Piedfort.* This at Fort Riley, Kansas on or about the 80th of April, 1807.

CHAK(iE 2(1—DisoJiediciicc of orders. Spcrijica/ioii.—111 this, that, the said Barnard O'Ne.il, M Co.,

7th V. S. Cavah-y, having been ordered by Captain John N. Craig, Coninianciiiig Post, to report to Ca})tain Nichohis Nolan, loth Cavah'y, to aceonipany ihe detaehnienc to Fore Harker, did fail to obey such order, and did remain Ix'ljind at Junction City uiiiil after the detachment iiad left, when he reLurned to this Post. All ill is ;it or ne.ii' Fort Riley, Kansas, on or about the locJi oi' April. iHoZ.

To Wiiich ciiargvs and ;,^)eci.ica>ions the accused pleaded as follows; To the specilication 1st charge Not (Juillij. To the 1st cnarge Gailtij. To the speclricaaon 'Id charge Not Guilti/. To the 'Id charge Not Giiilti/.

FINDING.

Tile Coiirc havhig ;uaturely considered tiie evidence adduced, finds the pr;s(m( r. Private Barnard O'Neal, Co. M, Tcli U. !S. Cavalry, as follows: Of the specilication to the 1st charge Guilty. Of the 1st chargt! it ccmtirmed his T)h a and found him Guilt;/. Of the S2)eciticat:()n to the 2d charge, Guilty. Of the 2d charge Guilly.

SENTKNC K.

And the Cour: does theiefore seutence him, Private Barnard O'Neal, Co. M, 7th U. S. Cavalry, "cobe c^nilined at hard labor for the period of six months, siiid ten doll:!,rs of his monthlv pay stopped for the [)eriod of six nn)xiths. The last fourteen days of his contineinent to be sohtar}', and on bread and watei'.

7th.—Oscar Crist, Private Co. H, 7th U. S. Cavalry, on the following charge and specification:

CHARGE—Drsert ion. Specification.—In this, that he, the said Private Oscar Crist,

Co. H, 7th U. S. Cavah-y, having been duly enlisted into the United States service as a soldier, did desert the same. This at Fort Riley, Kansas, on or about the 19th day of January, 18G7. Thirty dollars reward paid for his apprehension.

To which cl^arge and specification the prisoner pleaded as follows: To the specification of the charge, Guilty.

To the charge (liiilhj.

FINOIN'..

Til!' Convi af.cr luiiturc dfliheri :)ii Hiul:; th,' prisoii^j-, Pri-

vate Oscar Crist, Co. H, T^li U. S. C ivalrv, as i'oU )\vs:

Of the s]ieciticati()]i to tJiccliarqc it ('(.iifirins h!sj)h;c unu iound him (iiiiifi/.

Of the char^-e it coutiriued liis ])h'U aiid t'ouu ! him. . . . (iiiil/i/.

SKiNTENCE.

And the C.)urt (h)es therefore sentence him, Private Oscar

Crist, Co. H, Trli U. S. Cavahy, "to l)e cndi'ied ;it iiard lal)or

\Yh(-re his Com2)any or TJes^iment may be seiving, for tlic pc riod

of six months; to lose all })a_v and allo.vanci's that are oi' may

become dne dnrinj^ his continement, and then to \)v disliouoi-

;ihlv discharj^-ed the service."

II. . . .The pr()cee(lin<.;s and tindinj^s in the cases of l-*ri\ates

Diiuiel Lewis and Siimmd Davis, Co. B, 88th U. S. Infantry,

aud Barnard O'Neal, Co. M, 7i.h U. S. Cavalry, are approved,

iind the sentences will be duly executed.

Li the cases of Privates James (Tribsim, Co. A, 8Hth U.S. In-

fantry, Al)raham Phillips, Co. L, and Oscar Crist, Co. H, 7th

U. S. Cavalry, the proceedings and tindinji^s are ai)proved. So

much of the sentences in each of these cases as directs a dis-

honorable discharge, is herel)y I'cmitted. The remainder of

the sentences will be executed as follows: To be confined at

hard lal)or under cdiarge of th(^ guard where their Companies

may he serving, for the period of six months, and to forfeit to

the United States all }»ay now due and to become dtie for the

same period, except the just dues of the sutler and laundress.

Dishonorable discdiarge f<jr the crime oi Desniion, seems to

be in contravention of Oeneral Orders No. 4, War Department,

current series, which prescribes confinement not to exceed six

mouths, except in aggravated cases. Being "a purely Military

oflfence," and of such frequent occurrence, it is not deemed

advisable or proper for Courts Martial to award sentences of

(lishonorable discharge for this offence; by so doing a premium

is offered soldiers to desert. It is preferable to award sen-

[8]

tences of eoiitiiiement and loss of pay, whereby fhe offenders may be pimished in the service, and the Government receive some benefit from their hibor.

In the case of Private WiUiam Holley, Co. L, 7th U. S. Cav- alry, the proceedings and findings are approA-ed. So mnch of the sentence as directs a dishonorable discharge, is disap- pi-oved. The remainder of the sentence will be duly executed. The prisoner will be released from arrest and restored to duty.

III. . . .The General Court Martial of which Brevet Majoi- General ALFRKD GIBBS. Mfijor 7th U. S. Cavalry, is President, is hereby dissolved.


CHAUNCEY McKEEVER, Assidaiit Adjutant Geveral.

OFFICIAL :

Captain and Acting Judge Advocate.

,.

G. (;. M.

1. Eheii Stanley, Private Company D, i'td L'. S. ('jivalrv

2. Cliarles Entield, Hospital St(;ward, U. S. A.

8. Peter Brady, Sei'jj^eant Company I, otli U. .S. tii.uni v.

4. Euo-ene Sniitliline, Private Company I. 5tlj U. S. Inft.

5. "William AV. Pf atle, Private Com})any A, ;3d U. S. Ca\

(;. KolxTl FTcl.]ciir<i(l. IstSer'^ear.^ C \ :n T' S r..

HEADQrAPTP:PS DEPARTMENT OF THi: MISSOtJ Fou'r LFWKNWOKTH, KANSAS, May 31, IHfiT

GENERAL C^HDJCKS, ( No. 8!). [

I. .. .Before a Creneral Court-Mai'ti.il which conveneil

Fort Union, N. M., April I5th, 18()7, pursuant to Special Or-

ders No. 58, Paragraph 2, current series, from these Head-

quarters, and of which Brevet Colonel Nelson H. Davis, Major

and Inspector General, is President, were; arraigntKl and tried;

1st.—Ebeu Stanley, Private Company D, Hd IJ. S. Cavalry, on the foUowinjj;- char<»-es and specifications:

CHARGE 1st— Violafion of the 28^/ Article of War.

Spccifiratio)).—In this, that the said Private Eben Stanlcv. Company D, 3d U. S. Cavalry, did ad\ ise or persuade Private Adam Runckle, Ccmipany D, 3d U. S. Cavalry, to desert the service of the United States, and on being asked some hours after if he was going that night, r(;plied "not before I get paid off," or words to that effect. AU this at Fort Union, N. M., on or about the 20th day of February, 1807.

CHAKOE 2d—C<ni(hicf prejudicial lo (jood order and Milifar;/ dixcipliiie.

Specificnfion 1st.—In this, that the said El)en Stanley did on or about the 23d day of February, 18(57, write a letter to tlie Commanding OfKcer, Brevet Major General James H. Carleton, U. S. Army, of the District of New Mexico, without sending said letter ''through the proper channel," or without making the fact known in any way to his company commander.

':4 !M^' Spi'ctHi-dfioii 2(1. —Ill this, tliat he, the said Private Ebcu

Stanley, Company D, 8(1 V. S. Cavalry, did in a letter written by him to Brevet Major (leneral James H. Carleton, eommauil- ing- the District of New Mexico, dated the 28d of Fel)riiarY, 18G7, insinuate in said letter that it was by order of Colonel Lane, his company commander, that he was persuaded to desei-t—all of wliich is false. This at Fort Union, New Mexico, on oi' about the 28(1 day of February, 1S()T.

PI.EA.

To the specification 1st charo;e, Xnt (iiiilh/. To the 1st charge Xaf Guiltii. To the 1st specitication 2d charge (Jlullfii, To the 2d specitication 2d cliarjê, GuiUij,

except the words "all of which is false. ' To the 2d (■har<^( , Hitiltij,

l'I\DIN(i. Of the specitication of the 1st charjê Sol <liiilt(j. Of the 1st cliaro-e Xol (UtiUij. Of the 1st specitication of the 2d cli-ivoe, Giiiltfi. Of the 2d specitication of the 2d char<jê GuiJhj. Of the 2d charge, (htiliij.

SEXTENCK.

And the Court does therefore sentence him, Piivate El)eii

Stanley, Company D, 8d U. S. Cavab-y, "to forfeit to the Uni-

ted States ten dollars ($10) per month of his monthly i)ay for

four mcmths, and to be c(mtined at hard labor for one month,

in charge of the guard.

2d.—Charles Entield, Hospital Steward U. S. A., on the following charge and specitication: CHAKGE—-Coiuhict ff> fJif j>rfjii(fice of good ordrr aitd niilifttri/di''-

ctpline.

Specification 1st.-—In this, that Charles Entield, Hosiiitnl Steward U. S. A., did send a communication to 1st Lieutenant F. A. Jennings, 12r>tli U. S. C. Infantry, Post Adjutant, of tlie tencn- foUowing, to wit: "Extract from C<mi. Records of Fort Bascom, of November, 1H()(!, while Lieut. F. A. Jennings \v;i> A. C. S.:

•Sales to otiicersfitem—'Whiskey;' Com. Book, 12i Gallons. do. do. do. d(). Sales Book, 24i do.

It will be seen that there is a difference of 12 gallous of Whiskey between the two records, and that the lesser quantity is reported as sold, in the return of prvisions, (Com. Boot.) and that the Govt. has been paid only for this 12 gallons.

i:^l

Lieut. F. A. J(îiuiuL;s dcsirt'd uif (I was Clerk) to lejx)!' l,ut '1 gallons as purchased l)y each otficer.

(sif^ned) Clias. Entield. The above stateiueut is respectfully furnished Lieut. F. A

Je'iiuiii;^« in his private ca|)Mcity. for his infoiiuatioii." This with a view of intiiuidatng' said 1st Lieut. F. A. Jeu-

iimi^'s, and deterring him from the proper performance of his (liitv. All this at Fort Bascom, New Mexico, oji or about the 24th day of February. 18G7.

SpeciJicofiDU '2d.—In this, that the said Charles Fntield, Hospital Steward U. S. A., did send ii communication to the said Lieut. F. A. Jennings, of the tenor following, to wit: "Ex- tract from C(mi. Records of Fort Bascom, of Nov. 18(I(), while Lieut. F. A. Jennings was A. C S.:

Sales to otficers;" item— 'Whiskey;" Com. Book, 12^ Gallons, do. do. do. do. Sales Book. 24:^ do.

It wiU be seen that there is a difference of 12 gallons ot Whiskey between tlie two records, and that the lesser quantity is re})orted as sold in the IJeturn of Provisions, (Com. Book, • and that the Govt. has been i)aid only for this 12 gallons.

Lieut. F. A. Jennings desired me ( Iwas Clerk ) to report Iiut :* ;âll()iis as jmrcha.sed Ijy each officer.

(signed) Chas. Fntield. The above statement is respectfully furnished Liuet. F. .\.

•Jennings in his privat<' capacity, for his information." Intimating thereby an intention on the part of Lieut. Jen-

nings to defr,i;id the gjvernment, which the records of the A. C. !S. at Fort Bjiscoin tail to show. All this at Fort Bascom. New Mexico, on or about the 24:th day of February. 18(>7.

PLE.\.

Guilty to the 1st spe<dtication, except the words "was with a view of intimidating said 1st Lieut. F. A. Jennings, and deterring him from the proper jjcrformance of his duty."

(/»/% to the 2d specitication, except the words "Intimating thereby an intention on the part of Lieut. Jennings to defraud the Government, which the records of the Acting C(mimi.ssary of Subsistence of Fort Bascom, N. Î., fail to show."

To the charge Not Guiltij. KIXDIXCi.

Of the 1st sjjecification of the charge, the Coiu't confirms his plea, and tind him Guilty except the words "This with a view of intimidating said 1st Lieut. F. A. Jennings, and deterring him fi'om the proper performance of his duty."

Of the 2d specification of the charge,the Court confirms his plea.

w\f

luJ tiinl him (hii/ty except tlie words "Intimating thereby an intention mi the part of Lieut. Jennings to defraud the Govt.. which the records of the A. C. S. of Fort Bascom fail to sliow." Of the charge Otnlfi/.

sK^'TK^'eE.

Ami tlie Court does therc^fiwe sentence liini, Charh-s Entiekl, Hospital Steward U. S. A., to forfeit ($7) seven dollars of his pay for one month t<j the United States, and be reprimanded by the Department Commander in Orders.

od.—Peter Br.-idy, Sergeant Company I, 5th U. S. Infantry, on the following charge and specifications:

CH.VKGE— Willful Disobedience of orders. Speciji^-ation lal;. In this, that Sergeant Peter Bra,dy, Co. I,

oth Regt. U. S. Infantry, being at the time Sergeant of the guard mounted at th? Post of Fort Union, N. M., cm or about the 4th day of April, 18(57, aiul 3ia\ing becai repeatedly order- cul "not to allow corfcain citizen prisoners ccmfined in the guard-house at said Post of Fort Union, N. M., out of the guard-house at'tia* R:^l:re.it, un(h>r any circnmstan(!es, did wih'iil- ly disobe}' said ordei', and divl allow (me of the prisoners above menticmed go out of the said gv a* d-licnise afler dark, and make his escape.

HpecLJication 2d. In this, that the said Sergeant Peter Brady, Co. I, 5th Regiment U. S. Infantry, did allow a citizen |)risoner in (U)ntin<>ment in the guard-house at Fort Union, X. M., to go outside of the said guard-house niter dark, with one sentinel, when he, the said Sergeant P(^ter Brady, Co. I, otli Regiment U. S. Infantry, had received repeated instructions that the citizen prisoners shoiild not be allowed out of the said guard-house except accompanied by two sentinels to each prisoner. All this at Fovi Union, N. M., (ui or alxmt the 4th day of April, 1807.

PI>EA.

To which charge and specifications the prisoner ph'iided ]Sfol Guilty.

EJNUING.

Of the 1st spe(uti(;ation of the charge, ilu'dhj. Of the 2d specification ()f the charge, Guiltij- Of the charge, Gnllfi.

SENTENCE.

And tLi' Court does therefore sentenci' him Sergeant Peter Brady, Company I, otb U. S. Infantry, " to be reduced to the ranks as a private soldier, and to forfeit to the United States

'

"

l.5j

ten doUfirs (!?!(•) <>t' liis luontlily pjiy for six mouths. 4tli.--Enf>"eiie Smithliiie, Private Company 1, otli V. S. iii-

i'untrv, on tlu' following' charges and specifications: C/HA1U;K 1st. —Drscrfioii.

Spi'cijlratioii. -In this, that he, Private Eugene h'nutliline, ('o. I, 5th 11. S. Infantry, did desert the service of tlu! United States, on or abont the 4th day of April, 18(57. and did remain absent until apjjrehended and hrought back. Thirty dollars paid for his apprehension.

CHARGE 2d.-- ('(HKJIIC/ />r('/iiffici(i' /'> (joiiil nnln- >.■/)</ ni'lifary ih'ticijjiinc.

Hpecifiratioa.—In this, that Private Eugene .SiiiiTiiline, Co. I, oth U. S. Infantry, did steal certain watches and articles of jewelry that had lieen entrusted to his care, and did attempt to escape with said watches and jewelry. All this at or near Fort Union, N. M., on <>]• abor.t the 4th day of April, lH(i7.

To wliich chargt^s aud sjiecitications th<' j)risoner j)l( julcd (hiilhj.

riNDlNHi.

Of the specification of the 1st ch;irgc. (Juiltij. Of the 1st charge, (h'Uhj. Of the specification of the 2d chaige (htilty. Of tlie 2d charge '. (hnliij.

SJCNTENCE.

And the Court does therefore sentence him, Piivate Eugene Smithline, Co. I, ~^\\ V. S. Infantry, " to forfeit aU pay and allowances that are now oi- may become due him, exce2:)t the just del)ts of I he sutler and laundress; to be indellibly marked in ink with the letter D, one inch \in\<^ on the left hip, and to he drummed out of service, with his head shaved."

The Court is thus lenient in conseipience of the evidence j^iven by the Assistant Surgeon, under whose charge the j)ns- <mer was at the time of deserticm."

oth.—Wilham W. Eeade, Private Company A, 'M\ U. S. Cas- iilvv, on the following charge and spendtication:

CuAKGE —Dr.-<erflo)i.

Specijication..—In this, that he. Private ^ViJbam >\'. Keade, ii didy enlisted soldier of Co. A, 8d Regt. U. S. Cavalry, did de-

f(M

serf bis company and I'ost Fort ]\[arcy, X. M.. and did remain absent from the same nntil a])prehended on Red River, New Mexico, by a detatdiment of Company F, Ikl IT. S. Cav- idrv. All this at or near Fort Marev. New ^Vfexico. on or al>ont the 21st day of IMareh, 18()7.

PI.EA.

To \\hi(''n charge .-MUI specification tlie })risoner ])leade(l Gniltii.

FJXDINC.

Of the speciti(tation of the charg'e, (iiiilti/, Of the charge, Giiiltt/.

SK^"TENCE.

And tlie Conrt does therefore sentence him, Private William

W. Uead(^ Company A, 3d U. S. CUvalry, "to forfeit all pay

aiidt allowances that .ire now or may ]);'come due him, (except

tlie jasc dues t)f the la.iudres-i and sutler, ,iud to be contined

at hard labor in (tliar^,' of the ;^"uard, for the period of six

months; the first ten days of each of the said six months in

solitary confinement on l)read and water; then to l)e iiidelli-

bly marked with the letter D, one inch long, on the left hip,

and to have his head shaved, and to be drummed out of ser-

\ ice.""

(ith.-—Robert Heldenreid, 1st St-rj^^'eant Company A. Md U,

S. Cavalry, cm the f()ll(nvin<>- charges and specifications:

C H A K(iE. —Desert io n.

Specification.—In this, that he, 1st Stn'geant Robtu't Helden- leid. Company A, 8d V. S. Cavalry, a duly enlisted soldier, did desert his Company and Post Fort Marcy, N. M., and did remain absent from the same until apprehended on Red River, New Mexico, by a detachment of Company F, 8d U. S. Cav- dry. All this at or near Fort Marcv, N. M., on or aV)out the -'1st day of March, 1867.

('HARGE 2d-—Conduct to tta' />i'('jiirticc of (jood order (iiid inilit(inj dii<ctplirtc.

Specification:—In this, that he, 1st Sergeant Robert Helden- reid, Co. A, 3d U. S. Cavalry, did sell or otherwise disclose of large amounts of Quartermaster Clothing, Camp and Garrison Equipage, and Ordnance Stores, which stores were then in his charge, and for which Captain William Hawley, 8d U. S. Cav-

.

alrv, was re.si)()iisil)le. All this at or near Fort Mai-cy, X. ]\I., dnriiif^' the mouth of ^lareli, 18(57.

PLEA.

To the 1st charj^c and si)ecitieation (iiii/li/. To tlie "2(1 charf>e and H2)oc'ification, Naf (lidlty.

FINDIN'd.

Of the specification of the 1st charj^'e (iiiili)j. Of the 1st charo-e, G\ii\i\i. Of the sjjeeitication of the 2d charge, Soi Giiiltii. Of the 2(1 charn-c Xot (hilli>i.

SKNTKNCK.

And the Conrt doe:; therefore si-ntenee him. 1st Serjêant

hohert Heldeiu-eid, Co. A, 8d U. S. ('avalrv, ''to he reduced to

the ranks as a jn'ivate soldier, and to forfeit to the United

States all pay and allowances that are now or may become dm

him, except the just dues of the laundress and sutler, and to

l)e coiitined at hard labor in char<ê of the <ûard for the jx-riod

of six months; the tirst ten (10) days of each of the said six

montlfH in solitary (H)ntineuient on bread and water; then to

be iudellibly marked with the letter D, one (1) inch lon<,^ on

the left hip. and to have his head shaved, and to be drnmme<l

out of service."

II The })roccedin;^"s and findings in the torejjfoin;jf cases

of Ser<>eant Peter Brady, Conii)any I, oth tJ. S. Infantry, and

Private Eben Stanley, Comijany D, Ikl V. 8. (Cavalry, are aj)-

Ittoved, and the sejitences will be duly executed.

In the case of Hospital Steward Charles Enfield, IT. S. A..

the proceeding's, tindinf^'s and sf^ntenee are appproved. Ui)on

the trial it was admitted V)y the accused, that the letter ujjon

which the char<,ês are founded was written by him, but it is

not shown by the defense that the allegations therein contiiin-

(■<! Mere true. On the otlun- hand it is shown that the letter

I'outained a false statement. Upon this view, it was highly

improper and censurable in the accused to write the letter:

!md hi so doinji^ he was intermeddling with a matter with

which he had no concern or business.

The stoppage of pay will be made by the proper officer. The

prisoner will l)e released from arrest and returned to duty.

III the case of Pri\ate William VC. lioade, Company A, od U. 8. Cavaliy, the proceedings and tiiidiiigs are approved. So much of the sentence; as direct;; the; prisoner "to be indeUibly marked with the letter D, one inch long, on the left hip, and M) liave his head shaved and be drummed ont of service," is disapproved. The remainder of the sentence will be executed as follows: To forfeit all pay and allowances that are now or may become due, except the just dues of the sutler and laundress, for the period of six months, and to be confined in charge of the guard for the same period; the first ten days of each month in solitary coatinement on l)r{vMl. and water, and the remaining days of each nio-ith at hard labor.

In the case of Private Eugene Smithline, Company I, 5th U. S. Infantry, the ))roceedings and findings are ap])roved. So much of the sentence as directs the prisoner to be indeUibly marked in ink with the letter D, one inch long, on the left hip, and to have his head shaved, is disapproved. The prisoner will be dishonorably discharged the service, with the loss of all pay and allowances that are now or may become due hiiu. and be drummed out of service.

The proceedings ;vnd findings in the case of 1st Sergeant Kobert Heldenreid, Company A, 8d U. S. Cavalry, are approved. So much of the sentence as dii'ects the prisoner •' to be indellibly marked with the letter D, one inch long, on the left hip, and to have his head shaved, and be drummed out of service,' is (hsapproved. The remainder of the sentence will be executed as follows: To forfeit all pay and allowances that are now or may become due, except the just dues of the sutler and laundress, for the period of six months, and to he confined in charge of the giiard for the same period; the first ten days of each month in solitary confinement, on bread and water, and the remaining days of each mouth at hard labor.


CHAUNCEY MoKEEVEK, Ax.^i.^fatif Jdjiifavf Gencml.

OFIICIAL :

Arfiiig Judge Advocate,

a. c. M.

1. Anthony S- Jasper, Saddler Company D, 8d U. S. Cav. 2. Thomas Chivcon, Private Company' D, 5tu U. S. Inl'ty. 3. Henry C Peterson, Private Company H, 5..h U. S. Infty. 4. Wilham Kelly, Private Company H, 5th IT. S. Infty. 0. Levi Entee, Private Company D, 5th U. S. Infty. G. John May, Private Company L, 3d U. S. Cavalry.

.

HEADC^UABTERS DEPARTMENT OF THE MISSOURI,

FORT LKAVENWOHTH, KANSAS, June 3, 18G7.

GENERAL ORDERS, ) No. 90. i"

I.... Before a Greneral Conrt-Martial which Convened at Fort Union, N. M., April 15, 1807, pursuant to Special Orders No. 58, Paragraph 2, current series, frc>m these Headquarters. and of wliicn Brevet Colonel NELSON H. DAVIS, Major and In- Hpector General, is President, were arraigned and tried:

1st.--Anthony S. Jasper, Company Saddler, D Co., 3d U. S. Cavalry, on the following charges and si^ecifications:

CHARGE 1st—Condiirt p)'i'jii<hciiini> tjoad ariirr fim/ ini/l/'ini dixcipUne.

^ Specification.—In this, that he, Anthony S. Jasi)er, Company Saddler, D Company, 3d U. S. Cavalry, did use vulgar, obscene and disparaging language to acting 1st Sergeaiit Charle:; Brewett, D Company, 3d U. S. Cavalry, and did strike said Sergeant Charles Brewett, of Company and Regiment aforesaid, whilst he was in the execution of his ofltice.

CHAK(TK 2(1— I'io/ufioii of the 4:oth Article of War.

Specification. —In this, that the said Anthony S. Jasper, Com- pany Saddler, D Company, 3d U. S. Cavalry, did ^-et so intoxicated as to V)ecome nna'nle to perform his dnty as Company Saddler. ^Vll this at Fort Tnion, N. M., on the 17th day of April, 18()7.

PLEA.

To the specitieation 1st chai'pj'e, Not Gidlfi/. To the 1st charge, Not Gnil(]i. To the specification 2d charge, GuiUij. To the 2il charge, Xot Giiitfij.

FIN'DINO.

Of the specitieation 1st charge, (ImHii. Of the 1st charge, (uiiltg. ' )f tlie specification 2d charge, Guiltii '. )f the 2d charge Giilliij.

SENTKNCE.

To be confine 1 at hardlab;)!' in charge of the guard tor three

3)m(niths, forfeiting ten dollars ($10) per month of his monthly

pay for the same period to the United States.

2d.—Thomas Clayton, Private C()nipany D, 5th V. S. lu- lantry, on the following charge and specification:

(/H.uiGE—Conduct prejudicial to f/ood order and niililari/ dixcipline.

Specific at ion.-—Ill this, that Private Tliouias Clayton, (if D Company, 5th U. S. Infantry, did point a loaded pistol in ii threatening manner towards Sergeant Milo B. Stewart, Co D, 5th U. S. Infantry, and tlid say "I'll shoot you, you son of a bitch," or words to that effect; the said Sergeant Milo B. Stewart being in the execution of his otfice. This at the quarters occupied by Company D, 5th U. S. infantry, at Fort Siuu- ]ier, N. M., on or about the 25tli day of March, 1(S()7.

PLEA.

To the specification, Not Guilfij- Fo the charge, Not GuHfil-

FINDINCT.

: )f the specification, Giiilfn- Of the charge 64^'%'

SENTENCK.

"To fortVit to the United States ten dollars ($10) of his pay."

3d.—Henry C. Peterson, Private Company H, otli V. S. In- fantry, on the foUowin*!^ (•harj>e and speeitications:

CHARCiE—Coridncl prcjiiiliciiO to (JO(MJ order (Did m dif(i)';/ di!<ripline.

Specijicotioii 1st.—-In this, that Henry .C. Peterson, Private Company H, oth Infantry, V. S. A., upon beinf^ arrested by Corporal William Alloway, Co. H, 5th Infantry, U. S. A., Cor- poral of the guard, did resist or defy :iaid C'orporal, by using' defiant language tow;irds, and striking' at him; the Corporal beint"; at the time in the execution of his offiee. This at Fort Sunnier, N. M., <))i or alxmt the 2ot.h day of March, 18(57.

Specijicatioii 2d.—In this, that Henry C. Peterson, Pri\ini Co. H, oth Infantry, U. S. A., did use insulting and disrespectful language towards Captain S. Overstine, 5th Infanti-y U. S. A., Otiicer of the day. This whilst said officer was in the execution of his otiice. This at Fort Sumner, N. M., on or about the 25th day of March, 18(]7.

Specification 3d.—-In this, that Henry C. Peterson, a Private of Company H, 5th Infantry, U. S. A., did assault, strike or cut at Corporal AUoway, Co. H, 5th Infantiy, U. S. A., Cor- poral of the guard, with a knife or other sharp instrument, thus placing said Corporal in jeopardy of life and liml). This whilst said Corporal was in the execution of his olhce. This at Fort Sunnier, N. M., on or about the 25tli day of March, 18(57.

PLEA.

To tile Lst specification, Not Guilttj. To the 2d specification Not Gudti/. To the 3d specification Not Guilty. To the cliarge, Not Guilty.

FINDINO.

Of the 1st specification, Not Guilty. Of the 2d specification, GuUty. Of the 3d specification, Guilty. Of tlie charge Guilty.

SENTENCE.

To forfeit to the United States ($10) ten dollars of his uiontlily pay (per month) for the period of four (4) months, iuidto be confined in charge of the guard, the first ten (10) days of each month in solitary confinement on bread and water, the

[4j remaiiuler of each inoiitli at luird labor, for the same jjeriod.

4th.—William Kelly, Private Company H, 5th V. S. lufantrv, on the following" charges and specifications:

CHARGE 1st—ViuJatloii uf the AiUh Arfic/c of War.

Specification.—In this, that Private William Kelly, a duly enlisted man of H Company, 5th Infantry, did desert his post as sentinel, at Fort Sumner, N. M., after having been duly posted as such by Sergeant J. C. Lynch, Company H, 5th Infantrv, commander of the guard, and did remain alisent until appreliended by the guard. This at Fort Sumner, N. M., on the evening- ()f March 21)th, 18(57.

CH.\RCTE 2d—Violation of the -ilth Article of War.

Specification.—-In this, that Private William Kelly, a dulv enlisted man of H Cjmp.iiiy, 5th Infantry, did hire, or procure the service of another enli;{ced man, to walk his Post as sentinel, where he had been duly posted by Serg-eant J. C. Lynch, (Jo. H, 5th Infantrv, commander of the guard, and absent himself from post until ai>prehended by the guard. This at Fovt Sumner, N. M., cm the evening of March 20th, 1S()7.

PLEA.

To the specitication 1st chai'ge Not (hiUhj. To the 1st charge, Not Guilty. To the specitication 2d charge, Not Guillij. To the 2d charge, Not nullftj.

FINDING.

Of the specification 1st charge, Cridltij, except the words "and did remain absent until apprehended by the guard."

Of the 1st charge, Giiilhi. Of the specitication 2d charge, Guilty- Of the 2d charge, Gullfij.

SENTENCE.

To forfeit to the United States ($10) ten dollars per month of his monthly pay for the period of (4) four months, and to be ccmtined in charge of the guard for the same period; the first (10) ten days of each month in solitary confinement on bread and w^ater, the remainder of the month at hard labor.

5th.—Levi Entee, Private Company D, 5th U. S. Infantry, on the following charg'e and specifications:

i

CHARGE—Coiidncl foflic /jrtju(/ice of (jood oiulcr and mdifari/ di's cipliiic.

Sperifi'-fifioH 1st.—Thiit the said Private Levi Eiitee, Com paiiv D, 5th U. S. Infantry, a duly enhsted soldier in theservic<' of tiie United States, having- been regularly detailed and dnly posted to gnard the piiblio corral at Ranche No. 3, Indian t'linn, Navajo Reservation, did felonionsW steal, take and carr^ away from the aforesaid corral, with the intent to api:)ropriat( or otherwise nnlawfully dispose of them for his own benefit, two horses, the property of the United States, and of the value of two hundred and forty dollars ($2-10.)

Sperifii-ation "id.—That the said Private Levi Entee, Com- pany D, oth U. S. Infantry, a duly eidisted soldier in the service of the United States, having been regularly posted t< > guard the public coiral at Ranche No. 8, Indian farm, Navajo Reservation, did willingly permit two horses, the property ol tlie United States, and of the value of two hundred and forty dollars ($210,) to be feloniously stolen, taken and carried away fi'om the aforesaid corral. This at Ranche No. 8, Indian farm, Navajo Reservation, on or aboTit March 25th, 18(57.

Specification 8d.-—That the said Private Levi Entee, Coni- ])any D, 5th U. S. Infantry, a duly enlisted soldier in the service of the United States, being on duty guarding the public corral at Ranche No .3, Indian farm, Navajo Reservation, did elect to, uiid permit two horses, the projjerty of the Ignited States, and of the value of two hundri'd and forty dollars ($240,) to break loose and stray away from the aforesaid corral, to the intent that tlie aforesaid horses might be then taken and carried away fehmiously. This at Ranche No. 3, Indian farm. Navajo Reservation, on or al)()ut March 25th, 18()7.

I'I.EA.

To the 1st si)«M'itication Not (Jiiiltij. To the 2d specification Not GinJty. To the 3d S2)eciticati()n, Not Gin'/f;/. To the charge, Not Gidl/'i/.

FINmN(i.

Of the 1st specification Not Uudtij. Of the 2d specification, Not Guilty. Of the 3d specification, Not Guilty. Of the charge, Not Guilty.

And the Court do therefore acquit him. Private Levi Entee,

Company D, 5th U. S. Infantrv.

'^vrnwrn.

()th.—John May, Privtite Conipany L, 8d U. S. Oavalrv. oh the followiuo' char<^e and specification:

CHAKOK —Dcaerfion. Spevijicatioii.—In tliis, that he, the said John May, Private

of Company L, iki U. S. Cavah-y, did desert the service of the United States l)y escaping- from the giiard-iionse at Fort Unitni, N. M., on or about the 8th diiy of Marclx, 18()7, and did remain absent until the 'ioth day of April, 18()7, when lie uave himself Vi\). This at L'ort Union, N. ]V[.

PI.KA.

To the specitication, (Jin'ilij. except the words "did desei't the service of tlie United States."

'() the charge, .Vo^ Guillij.

FINDINOi.

U' the specification (iiiilhj, 'f the charge (jui/fii.

Si:XTKNCE.

To forfeit to the United States all pay and allowances that are Dw or may become due him, except the just dues of the hum-

iress and sutler, and after he has ser^■ed out the sentence be s now undergoing, that he be indellibly marked on the left ip with the letter D, one inch hmg; have his head shaved, and

>(' drummed out of service.

II. . . .The proceedings and findings in the case of Pri^ate ;!enry C. Peterson, Company H, 5th U. S. Infantry, are a})- loved, and the sentence will be duly executed. In the case of Private Levi En tee, Co. D, .'jth U. S. Infantry.

lie proceedings and findijigs are approved. The prisoner ill be released from arrest and returned to duty. In the cat-e of Anthony S. Jasper, Company Saddler, Co. D-

il U. S. Cavalry, the proceedings and findings are approved pon the recommendation of the Court to clemency, so mucli

■i the sentence as directs confinement at hard labor, in charge ;■ the guard, for the period of three months, is hereby remitted. he remainder of the sentence will be carried into eftect. The iisoner will be released from confinement and returned to

„

duty. In the ("ISC of Private Tlioinns Clavtoii, ("o. D, 5111 U. S. In-

fiaitrv, tlieprv)ceediiig.s, tiudings and oenteiice arc disapproved. Tlu' evidence does not sustain tlie charge or s])ecitication.

The prisoner will l)e r(4eased from confinement and returned to duty.

The proceedings and lindings in the case of Private William Kelly, Co. H, oth U. 8. Infantry, are approvinl. The -ITth Article of War declares that a violation of said Article shall be piinishable "at the discretion of a liegiuu'iUal Court Muvtiul;'' but it is presumed that Courts of higher authority have jurisdiction to try oft'ences under this Article, especially at a time when Regimental Courts can seldom be convened witliout great detriment to the service. Th(> sentence will be duly executed.

In the case of Private John May, Co. L. 3d U. S. Cavalry, the proceedings, findings and sentence are di.sapjiroved. The Record shows that the prisoiier escaped from confinement while undergoing a jjrevious sentence of a Coui't-Martial. It is held that this does not constitute the crime of desertion, on the oTound that an escape fi'om a degrading punishment cannot be regarded as an al)andonment of the military serv ice, which is a status of honor. The charge should have l)een laid nnder the i)9th Article of War. The prisoner will remain in (•(mfinemeut until the expiration of his original sentence, when lie will be released and returned to duty.


CHAUNCEY McKEEVER, /// .■UJ/>ifin)f (n'lirrnl. A>

OFFIC] ^^^i^,,^ Acti 11(1 Jiiihic A'h'dcfif'

"

G. C. M.

1. William H. Daniels, Private Company H, 7th U. S. Cav.

HEADQUAETEKS DEPAETMENT OE THE MISSOUEI, FoKT LEAVEXWOKTH, KANSAS, June 7, 18(57.

GrENEKAL ORDEKS, }

No. 91. I

I....Before a General Conrt Martial which convened at Fort Riley, Kansas, May 18, 18()7, pursuant to Special Orders No. 106, current series, from these Headquarters, and of which Brevet Brigadier General P. MOKKISON, Colonel U. S. Ai'iny. is President, Avere arraigned and tried:

1st.—William H. Daniels, Private Co. H, 7th U. S. Cavalry, on tlie following charge and specifications:

CHARGE—Conduct prejudicial fo f/ood order and Militanj discipline.

Speci/icafion 1st. —In this, that he, the said Private William H. Daniels, Co. H, 7th V. S. Cavalry, did uiiliiwfidly sell or otherwise dispose of certain articles of clothing, the property of the United States, namely: one (1) forage cap, (me (1) imiform hat, one (1) uniform jacket, one (1) blouse, one ;Impair Cavalry trowsers, two (2, flannel shirts, two (2) pairs ilannel drawers, two (2) pairs stockings, one (1) jiair Cavalry boots, one (1) Cavalry great coat, and two (2l woolen blankets, amounting in the whole to the monev value of sixtv- foiir dollars and eightv-tiAc cents. All this at Fort Eiley, Kansas, on or about the'2d day of March, 18(57.

Specification 2d.—That the said private William H. Daniels, Co. H, 7tli U. S. Ca-\alry, did unlawfully sell, or otherwise dispose of certain articles of Ordnance and Ordnance Stores, the property of the United States, namely: one (1) Si)encer Car-

[2] bine, (model 1855,) one (1) Carbine screw-driver, OIKI (1) Car- bine thonj^ and brush wiper, one (1) Carbine earti-idge-pouch, one (1) waist belt, and plate, and one (1) slinf»; V)elt and swivel, amounting in the whole to the money value of Thirty dollars and nineteen cents. All this at Fort Riley, Kansas, on or about the 2d day of Mareh, IHiM.

PI,KA.

To the 1st speidfication Not Guilty. To the 2d specific-ition Not Guilty. To the charge, Not Guilty.

FINDINO.

()f the 1st speciti(.'ation Guilty, except the words "two flannel shirts, two pair flannel drawers, two pair stockings and two woolen blankets," excepting also the words "sixty-four dollars and eighty-tive cents."

Of the 2d speciti('atioTi Guilty. Of the (Charge, Guilty.

SKNTKNCK.

"To forfeit all pay and allowances that may be due at the

time of the (rontirmation of the senten(;e, to be confined at

hard labor in charge of the guard for three months, and to

forfeit to the United States ten dollars of liis monthly pay for

the same period.

II. . . .The proceedings and findings in the foregoing case of

Private Wilham H. Daniels, Co. H, 7th U. S. Cavalry, are ap-

j)roved, and tlie sentence will be (tarried into effect.

Ill... . Tlu! General Court Martial of which Brevet Brigadier

(x;^neral P. MORRISON, Colonel U. S. Army, is President, is

hereby dissolved.

By command of Major (xeneral HANCOOK:

C HAUNCEY McKEEYEK, Aiixisfnnf Adjvtavt Gennal.

OFFICIAL

Captain and Aftivg Judge Advocate.

' HEADQUARTERS DEPARTMENT OF THE MISSOURI,

FORT LEAVENWORTH, KANSAS, June 10, 1867.

GENERAL ORDERS No. 92 1

Upon the recommendation of his C()muiiUi(lin<f Officer, the unexpired portion of the sentence in the case of unassifj^iied Recruit James J. McCormick, 5th U. S. Infantry, proniuljjfated in General Orders No. 44, current series, from these Head- quarters, is hereby remitted.

By command of Major Oeneral HANCOCK :

CHAUNCEY McKEEVER,

Axsixtanf Adjutant General.

OFFICIAL :

'#.■

G. C. M.

1. James Breeu, Private Co. E, 33d U. S. Infautrj. 2. WiUiam Anderson, Private Co. F, 38th U. S. Infantry. 3. Charles WilHams, Private Co. F, 38th U. S. Infantry. 4. James Mole, unassigned Recruit, 38tli U. S. Infantry. 5. Edward Logan, Private Co. H, SHth V. S. Infantry. (). Richard Banersfeld, Artificer Co. E, U. S. Eng. Battalion.

,1


FORT LEAVENWOUTH, K.\XS.\S. June lo, 18(J7.

GENERAL OKDERS, No. di.

I... .Before a General Court Martial which convened at Jefferson Barracks, Mo., May 27, 18G7, pursuant to Special Orders No. 112, current series, from these Headquarters, and of which Brevet Major General C. GUOVEK, Lieut. Col. 38th U. S. Infantry, is President, were arraigned and tried:

1st.—James Breen, Private Co. E, 33d U. S. Infantry, on the following charge and specification:

CHARGE—Dcxerfion. Specification—In this, that he, Private James Breen, Co. E,

33d U. S. Infantry, a duly enlisted soldier in the service of the United States, did desert and absent himself from the same at Selma, Alabama, April 10th, 18G7, and did remain absent as a deserter until apprehended at St. Louis, Mo., on or about the 20th of April, 18(57. Thirty dollars rew\ard paid for apprehension.


[2] FINDING.

Of the speciticatioii, Guilty. Of tlio charge, Guilty.

SEKTENCE.

To reimburse the United States for the expenses incnrred in his apprehension; to forfeit all pay and allowances that are now or may become due him, except so much as will pay the just dues of the Sutler and Laundress, and one dollar per month of his monthly pay until his discharge; and to be contined at hard labor under charge of the guard at such post as the Department Commander may direct, for the period of six months, and at the expiration of that time to be dishonorably discharged tl.e service of the United States.

2d.—Private William Anderson, Co. F, 38th U. S. Infautiy, on the following charge and specification:

CHARGE—-Sleeping on Foxt. Specification—In this, that he, the said William Anderson,

Private Co. F, 38th U. S. Infantry, was found asleep on his post while doing the duty of a sentinel. This at Jefferson Barracks, Mo., on or about the 15th day of May, A. D. 1807.

PLEA.

To the specification, Ouilty. To the charge, Gwhj.

FINDING.


SENTENCE.

To forfeit fifteen dollars ($15) per month of his monthly pay for three (3) months, and to be confined at hard labor under charge of the guard for the same period.

3d.—Private Charles Williams, Co. F, 38th U. S. Infantry, on the following charge and specification:

CHARGE—Sleeping on Po.^f. Specification—Ill this, that he, the said Charles Williams,

Private Co. F, 38th U. S. Infantry, while performing the duties of a sentinel, did sleep ui)on his post. This at Jefferson Bar- racks, Mo., on or about the 18tli day of May, 18G7.

'

I

[3] PLEA.

To the specification, Guilttj. To the charj>"e, Gailfi/.

FINDING.

Of the specification, Gin'/ft/. Of the charge, GitHhj.

SENTENCE.

To forfeit fifteen dollars ($15) per month of his monthly pav for three (8y consecutive months, and to be confined at hard labor under charge of the guard for the same j^eriod.

4th.—Unas.signed Recruit James Mole, 88th U. S. Infantry. on the folk)wing charge and specification:

CH.\K(;E—Ih'serfiou. Spei-i/irafion—In this, that Kecruit James Mole, 38th U. S.

Iiifantrv, a duly enlisted soldier in tne service of the United States, did desert and absent himself from said service witlioiit authority, at St. Louis, Mo., on or about March 81st, 18()7, and (lid remain absent until apj)rehended on or about May 2()th. IHGT. Thirty dollars reward })aid for apprehension.

PLEA.

To the specification, Gti ilhj. To the charge Gnilfif.

FINDINO.

Of the .specification Gdilhj. Of the charge, Guilf;/.

SENTENCE.

To reinil)urse the United States for the expenses incurred in liis apprehension; to forfeit all pay and ixllowaiices that are now or may beccmie due him, except so much as will pay the just dues of the Laundress and Siitler, and one dollar per month of his monthly 2:)ay until his discharge, and to be confined at hard labor under charge of the guard for tlie period of six (G) months, and at the expiration of that time to be dishonorably discharged the United States service.

Sth.—Private Edward Logan, Co. H, 88th U. S. Infantry, on the following charge and specification:

CHMKiE —Sleeping on Posf. Si,enficofi(,n~lu this, that he, Private Edward Logjiii, Co.

H, ^HLII U. S. Infantry, while a member of the Posi Guard ut Jefferson Barracks, Mo., and having been properly posted as a sentinel, did go to sleep while so posted. This at Jeffcn-soii Barracks, Mo., on or about May 2'2d, 1HG7.

PLEA.

To the specitieation, Gailtij. To the charge, Gtiilti/.

FINDING.

Of the specification Gailttj. (3f the charge, Gailtij.

SENTENCE.

To forfeit fifteen dollars ($15) per month of his monlhly pay for three months, and to be confined at hard lal)or under charge of the guard for the same period.

Gth.—Artificer Richard Banersfeld, Co. E, U. 8. Engineer Battalion, on the foliowing charge and specification:

CHARGE—Sleeping on Post. Specifivatloii—In this, thaj. he. Artificer Richard Banersfeld,

of Co. E, U. S. E:igiii3er Battalion, having been duly posted as a sentinel, was found asleep on his post, between the hours of 4 and 5 A. M., whon visited by the Corporal of the guard. This at Engineer De'Uu, Jefferson Bu'racks, Mo., on or about the 21st day of May,^ 1867.

PLEA.

To the specification, Not GuHhi. To the charge, Not Guilhj.

FINDING.

Of the specification, Not Giulty. Of the charge, Not Guilty.

And the Court does therefore acquit him, Artificer Richard Banersfeld, Co. E, U. S. Engineer Battalion.

II... . The proceedings and findings in the foregoing cases of Privates William Anderson and Charles Williams, of Co. F, and Edward Logan of Co. H, 38th U.S. Infantry, are approved, and the sentences will be carried into effect.

In the case of Private James Breen, Co. E, 33d U. S. In- fantry, the proceedings and findings are approved. So much of the sentence as imposes a dishonorable discharge is disap-

[5] proved. The remainder of the sentence is mitigated as follows: To reimburse the United States for the expenses incurred in his apprehension; to be confined at hard labor under charge of the guard for the period of six months, and to forfeit his monthly pay (except the just dues of the laundress) for the same period. The sentence as mitigated will be duly executed.

In the case of unassigned Recruit James Mole, 38th U. 8. Infantry, the proceedings and findings are approved. So much of the sentence as imposes a dishonorable discharge is disapproved. The remainder of the sentence is mitigated as follows: To reimburse the United States for the expense in- emred in his apprehension; to be confined at hard labor under charge of the guard for the period of six months, and to fox'feit his monthly pay (except the just dues of the laundi-ess) for the same period. The sentence as mitigated will be duly executed.

A deserter must be held by opfration of law to forfeit all pay remaining due at the time of his desertion, as well as that which accraes during the period of his absence as a deserter, and also to be obliged to make good to the United States the tinie lost by his desertion.

The forfeitm-e of pay and the cost of apprehension should be noted on the muster and pay rolls.

In the case of Artificer Kichard Banersfeld, Co. E, U. S. En- gineer Battalion, the proceedings and findings are approved. The prisoner will be released fi-om c-onfinement ami returned to duty.


CHAUNCEY MoKEEVER. Assistanf Adjutant General.

Oreicu

Captain and Acting Judge-Advocate.

f|; <

.

I

G. 0. M.

1. Jf)hn M('M;ihan, 2d class Private of Ordiunicc

•J. Micliael CiiniiiiiL>"ham, 2(1 class Private of Ordnance

:i Louis Gillen, 2(1 class Private of Ordnance.

4. Herniau Walter, 1st class Private of Ordnance.

T). Charles Points, Private Co. K, astli U. S. Infantry

<i. Thomas Hill. 2d class Private of Oi'dnance.

7. Jolni O'Donolme, 2(1 class Pi'ivate of Oi'dnance.

HK.\i)QrAjrrEPs DEPAPTMKNT OP THE MLSSOUPI, Fowl' TJI v\'K\\voKTH. KANSAS, June 17. 1S'<)7.

GKNKKAL OHDKKS, [ N(x i)r). I

I....Before a (leneral C(>urt Martial which convened at

•Merson Barracks, Mo., Mav 27. 18()7, i)nrsuant to Sjjecial

Orders No. 112, current series, from these Headquarters, and

(if which Brevet Major Genei-al C. GROVEU, Lieut. Colonel ;58th

V. 8. Lifantry, is Presid(!nt, were arraigned and tried: l.st. -John ^fcMahan, 2d class Private of Ordmnicc. <>n flie

following? charpfe and specification:

Cfl.uuiK—Violation (if the i:Uh Arlicic oj War.

Specification.—In this, that he, Jt)hn McMahan, 2d class Pri- vate of Ordnance, stationed at St. Louis ^ii'senal, St. Louis, Mo., di(l whilst a menilw^r of the i^'-st guard at the said Arse- nal, become so drunk as to be unable to perform his duty as a sentinel. This at St. Louis Arsenal. Mo., on the night of the Uth diiv of Mav. IHO?.

To the specification Guilty. To the charge Guilty.

w.

juiil Tnil

FINDING.

Of the si)eciticati()ii, GuiHij. Of the cliHi-o-e, Giiilfti.

SENTENC'K.

To be coutiiied ;it hard hibor under <>iiard iox three (Hj

montlis.

2.—]Miehael Cuiiuin^liam, 2d class Private of OrthiaiK-e, on tlie follo^^■ilv^ charge and speciticatioii:

CHAKOE—Absence irifJiotif leare.

Specification.—In this, that he, Miehael Ciinninfj^ham, a 2(1 class Private of Ordnance, stationed at St. Louis Arsenal, Mo., did absent himself fi'oni his post without proper authoritv, iiud did remain absent from about 7,;}0 A. M., until about 11,80 p. M.

This at St. Louis Arsenal, Mo., on the 14th day of May, 18(57.

PLEA.

To the specitication, (iat/tij. To tlu' charf>-e, (iiiiltij.

EIM)IN(i.

Of the specitication, (hjiltij. Of the charg-e GuiUij.

SENTENCE.

To tVn'feit ($o) iiv(^ dollars of his monthly pay for one (1)

montli.

8d.—Louis G-illen, 2d class Private of Ordn;lnc(^ on the t'ol- fowintr (^harfj^e and specitication:

CHAROE—Aliseiif irifhout leare.

Specification.—In this, that he, 2d class Private Louis GiUeu. of the Detachment of Ordnance stationed at St. Louis Arsenal, Mo., did absent himself without proper authority from his jiosf and Detachment, from aln)ut 2 o'clock p. M., on the 13tli day of May, 1807, till about 5 o'clock P. M., on the ir)th day of May, IHGT. ' This at St. Louis Arsenal, Mo.

PLEA.

To the specitication, GuiHy- To the char^^e Ovilhh

FINDING.

Of the specitication, GuMfl- Of the charge, Guilty'

SKN'I'KNC'P:.

To forfeit ($10) ten dollars of his niontlilypiiy for one month,

tttli.—Herman AValter, 1st i-lass Privat«' of Ordnance, on tln^ foUowiuf^-charge and specitieation:

CnMUiE-~-AI).'^rnc<' icifhoitl h'dVi'.

SpeA-iJira'ioii.—In this, that he, Herman AValter, 1st class Private of Ordnance, stationed at V. S. Maâ/ine near Jefter- sdii Barracks, Mo., ha\in;^ heen <franted a pass till 8 o'clock \. M., on the IcStli (lav of May, 18(i7, did I'eniain al)sent without proper authority from that time till (5 o'clock .\. M., on the 21st (lay of May, 1S()7, a period of seventy hours. This from U. S. Maj^'azine near Jeft'ev.s )n Barracks, Mo.

Ti) the specihi-ation, Guiltij. Til the charge Giiiltii.

FINU1N(;.

Of tlic .specitieation, Gui/fi/ Of the cliai'ov (j'lii/f'i/.

SENTKNCK.

To forfeit ($10) ten dolhirsof his monthly 2)ay for one month.

5th.—Charles Points, Private ('o. K, 88th U. S. Infantry, on the followinj^' char<res and specifications:

CHAK(ii': 1st—Absnicc iritliout leave. Specification.—In this, that he, Charles Points, Private Co.

K, :58th U. S. Infantry, did absent himself without proper authority fi-oni roll-call at Keveille, and did remain absent until after Tattoo of same day. All this at Jefi'erson Barracks, Mo., on or about the 7th day of May, 18(J7.

CHARGE 2d.— Conduct prejudicial to good arder and militani discipline.

Specification 1st.—In this, that he, Charh^s Points, Private Co. K, 88tli U. S. Infantry, having- been ordered ])v his su])e- rior non-commissioned officer, 1st Serjêant John W. Williams, to carry a stick of wood, said 8er<jêant being in the execution of his duty, did willfully refuse to do the same. All this at Jeti'ersou Barracks, Mo"., on or about the 7th day of May, 18(!7.

Specification 2d.—In this, that he, the said Private Charles I'oints, Co. K, 38th U. 8. Infantry, did assault and maltreat with an open knife said S(;rgeant Williams with the int(mt to lujme, and did injure and cut said Sergeant in the hand. All this at Jeft'erson Barracks, Mo., on or about the 7th day of %, 1867.

I

tl'

[4] PLEA.

To the specitic.-ition 1st chari^'e, Not Giiilti/. To the 1st charg'e, Not Guiify, To the 1st specification 2(1 chfir^e Guilty. To the 2(1 speciticatioii 2(1 charj^e Not Guilty. To the 2(1 (•har<>e, Not Giiiltii,

K1M)IN(4.

Of the speciticatioii 1st char^-e Guillii. Of the 1st cliar;^-e, Giiiltij. Of the 1st specification 2(1 char<.>-e, GiiiHii. Of the 2d specification 2(1 chavi;-e, Giiiltij. Of the 2(1 charge 6'///////.

SKNTKNCK.

To be contiiietl niider charge of the guard for three consecutive calendar months, two weeks of wliicii shall be in sohtary contintiiuent on bread and water, and the remainder of his coii- tineinent at hard labor, and to forfeit ($10) ten dollars per month of his inontlilv pay f(n- the same j)eri()d.

()th.—Thomas Hill, 2d class Private of Ordnance, on the following charges and specilications:

CHARGE 1st—Disolicdiciicr of orders. Spevifivation.—In this, that he, Thomas Hill, a 2(1 class Pri-

vate of Ordnance, having been directed by his superior officer Brevet Captain Frank H. Phipps, to report for work, did willfully neglect to obey said order. This at St. Louis Arsenal, Mo., on the iiKU'iiing of the 14th day of May, 1S()7.

CHAK(TE 2d—Al>!<etii-e tvifhoiit learc.

Specification.—In this, that he, 2d class Private Thomas Hill, of the Detachment of Ordnance stationed at St. Louis Arsenal, Mo., did absent himself from his post and Detachment without proper authority, from about 8 o'clock A. M., till apprehended and br(night back at about 2 o'clock p. M. This at St. Louis Arsenal, Mo., on the l-tth day of jNIay, 1S()7.

PLEA.

To the specification 1st charge, Guillij. To the 1st charge, Gnitbj. To the specification 2d charge, Gnilt\j. To the 2d charge, GxiiH

FINDIN(i.

Of the Specification 1st (^harge, Gvilt'j- Of the 1st charge, Guilt]!- Of the specification 2d charge, Gmll]l- Of the 2d charge, Guilt]!-

[5]

SENTENCE.

To be conlined at hard labor under guard for two (2) con-

secutive calendar months, and to forfeit ($10) ten dollars per

month of his monthly pay for the same period.

7th. -John ODonohiie, 2d class Private of Oi'dnance, on the follo\\-ing charjife and sjiecitication:

C'HARCiE—Quitting his (jvard. Specification.—In this, that he, John O'Donohue, 2d class

Private of Ordnance, stationed at 8t. Lonis Arsenal, Mo., hav- wv^ been sent to the pump for water by the Corporal of the o[nartl, did, whilst so absent, scale the wall surrounding said Arsenal, and did alisent himself fronj his post and giiard and (lid remain absent for about tifteen minutes, and till api:)re- heuded and brought l)ack. This at St. Louis Arsenal, Mo., about \)-M V. M.. on the 14th day of :May. 1H67.

PI.EA.

T(i the specification Guilty. T(i the charge Guilty.

KINr»IN<4.

Of the sj)( citication Gui/ti/. Of the charge Guilty.

SKNTENCK.

T(i forfeit ($')) five dollars of his monthly j)ay for one month.

II... .The ])rocee<lings and findings in the foregoing cases

of John IMcMahan. [Michael C;unningham, Louis Uillen, John

O'Donohtie and Thomas Hill. 2d class Privates of Ordnance;

Herman Walter. 1st class Private of Ordi;ance, and Charles

Points, Private Co. K. :Wth F. S. Infantry, are approved, and

their sentences will be duly executed.

By command of Major (n'ueral H.XXCOCK:

CHAUNCEY McKEEVER,

As.><i.<tant Adjutant General.

OFFI C'lAL:

Captaiv and Acting Judge Advocate.

i

va wl lb- sei Mi

Tc Tc

Of Of

sec

G. C. M.

>

1. Patrick Kelly, 2d class Private of Oniuauce. 2. Harrison Willis, a/wx W. O. Fowler, 2d class Pvt. of Ord. 8. John O'Donoliue, 2d class Private of Ordnance. 4. Spencer P. Sutton, 2d class Private of Ordnance.

,

HEADC^UARTEES DEPARTMENT OF THE Ml.s^OLlU, FORT LEAVENAVORTH, KANSAS, June 17, 18G7.

(TENEEAL ORDERS, ( No. 1)G. i

I.... Before a General Court Martial which convened at Jefferson Barracks, Mo., May 27, 18(57, pursuant to Sjiecial Orders No. 112, current series, from these Headquartei's, and of which Brevet Major General C. GROVEK, L"eut. Colonel 38th U. S. Infantry, is President, were arraigned and tried:

1st.—Patrick Kelly, a 2d class Private of Ordnance, on the following charge and specification:

CHARGE— Violation of the -i^yth Article of War. • Specification.—In this, that he, Patrick Kelly, a 2d class Pri- vate of Ordnance, stationed at St. Louis Arsenal, Mo., did whilst a member of the post guard at said Arsenal, become so (Iruuk as to be unable to properly discharge his duties as a sentinel. This at St. Louis Arsenal, Mo., on the IGth day of )iiiv. ^RiT(.

PLEA.


FINDING.


SENTENCE.

To be coniined at hard labor under guard for three (3) consecutive months.

2d.—Harrison Willis, aJia.'< W. 0. Fowler, 2d class Private of Ordnance, on the following charges and specifications:

CHARGE 1st.—De^-erfion. Specijlcation—In this, that Harrison Willis, a/?a.s W. 0. Fow-

ler, 2d class Private of Ordnance, stationed at Saint Louis Arsenal, Mo., having been regularly enlisted at Washington Arsenal, D. C, July luth, 18G6, did desert therefrom, on or about the 17th day of November, 18(56, and did not retiu'n, but was recognized and apprehended at Saint Louis Arsenal, Mo., on or about May 17th, 1807.

CHARGE 2d.—Re-enliding without a regular dixcliaryr. Specification—In this, that he, Harrison Willis, aliax W. 0.

Fowler, a 2d class Private of Ordnance, stationed at Saint Louis Arse^ial, Mo., did, after being regularly enlisted in the service of the United States at Washington Arsenal, D. C, desert therefrom, on or about the 17tli day of November, 1866, and did re-enlist without a regular discharge, at Saint Louis Arsenal, Mo., on the 5th day of March, 1807, under the assumed name of Harrison Willis. This at Saint Louis Ar- senal, Mo.

PLEA.

To the specitication 1st charge Guihj. To the 1st charge / Gailty. To the specitication 2d charge GuiUij. To the 2d charge Guilty.

FINDING.

Of the specitication 1st charge, Guilty. Of the 1st charge Guilty. Of the specitication 2d charge, Guilty. Of the 2d charge, Guilty.

SENTENCE.

"To make good the time lost by desertion; to forfeit all pay and allowances for six ((5) consecutive months, and to be confined at hard labor under guard for the same period."

3d.—John O'Donohue, 2d class Private of Ordnance, on the following charge and specitication:

CHARGE —Conduct to the prejudice of good order and mildary dificipline. Specification—In this, that he, John O'Donohue, 2d class

Private of Ordnance, stationed at Saint Louis Arsenal, Mo., did, whilst at work under charge of the guard, make an attad

'►

.

[3J with a large stone upon tlie person of 2d class Private George Ulrit'ii, thereby endangering- his life, and the lives of those standing around—to the j)rejudice of good order and military discipline. This at Saint Louis Arsenal, Mo., between the hours of 5 and 6, on the afternoon of the 17th day of May, 18(57.

PLE.X.

To th« specification Not Guilty. To the charge, Not Guilty.

FINDING.

Of the specification, Not Guilty. Of tiie charge, Not Guilty.

And the Court do therefore acquit him, John O'Donohue, a 2d class Private of Ordnance.

4th.—Spencer P. Sutton, a 2d class Private of Ordnance, on the following charge and specification:

CHARGE—Neglrct of iluty. Specification—In this, that he. Spencer P. Sutton, a 2d class

Private of Ordnance, stationed at Saint Louis Arsenal, Mo., did, wliilst a member of the post guard, and as a sentinel placed in charge of Private John Snyder, a deserter of the 2d U. S. Infantry, intentionally allow said Private John Snyder to escape. This at Saint Louis Arsenal, Mo., about 2 o'clock p. Ji.,on the 18th day of May, 18()7.

PLE.A.

To the specitication Not Guilty. To the charge, Not Guilty.

FINDING.

Of the specitication, Guilty. except the word "intentionally."

Of the charge, ". Guilty. SENTENCE.

■ To ba confined at hard labor two months, and to forfeit ten (10) dollars per month of his monthly pay, for the same period."

11.... Tlie proceedings and findings in the foregoing cases of Patrick Kelly, Harrison WiUis, alia>< W. O. Fowler, and Spencer P. Sutton, 2d class Privates of Ordnance, are approved, and their sentences will be duly carried into effect.

lu file case of John O'Donohue, 2d class Private of Ord-

[4] laiiee, the proceedings and findings are approved. The pris- iner Avill be released from arrest and returned to dnt,v.

Ill.... The General Coiirt-Martial of which Brevet Majcr leneral C. GKOVF.E, Lieut. Colonel 38th U. S. Infantry is Presi- l(!iit, is hereby dissolved.


CHAUNCEY McKEEYER, A^i<ixta)if Adjutant Gi'mral.

OFFICIAL :

Captain and Acting Judge Adrnctili'.

ill

„

G. C. M.

1. Thomas F. Stanford, Private Co. K, otli U. S. Iiit'ai)try. 2. John O'Gornian, Private Co. K, oth U. 8. Infantrv. 3. John Donh)n, Private Co. C, M U. S. Cavalry. i. John J. Mitchell, Sergeant Co. C, 8(1 U. S. Cavalry. .5. Charles Greenwood, Corj^oral Co. C, 3d U. S. Cavalry. (]. John Gallon, Private Co. K, 5tli U. S. Infantry.

il

HEADQUARTERS DEPARTMENT OF THE MISSOURI, FORT LFWENWOUTH, KANSAS, Jnne 18. 18()7.

GrENEEAL ORDERS,

No. 97.

L . . .Before a General Court Martial which convened at Al- buquerque, N. M., March 27, 18(57, pursuant to Si)ecial Orders No. 51, current series, from these Headquarters, and of which Brevet Brigadier General CHRISTOPHER CARSON, Lieutenant Colonel Battalion New Mexico Volunteers, is President, were arraigned and tried:

1st.—Thomas F. Stanford, Private Co. K, 5th U. S. Infantry, on the following charge and specifications:

CHARGE—Conduct to the prejudice of good order and Military discipline. Specification 1st.—In this, that Private Thomas F. Stanford,

Co. K, 5th U. S. Infantry, did become so beastly drunk as to be utterly unable to perform his duties. Tliis at Albuquerque, N. M., on or about the 18th day of March, 1867.

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[2J

Specification "2d.—la this, that Private Thomas F. Stanford, Co. K, 5th U. S. Infantry, did make use of the following lan- ,t;'nag-e towards Lieut. E. Williams, 5th Infantry, IJ. 8. Ai-my. his superior and commantling officer, when ordered by him to fall out of the guard house, "yes you damned son of a bitch, I will," or words to that eiiect. All this at Albuquerque, N. M., on or about the 18th day of March, 18(57.

Specification 3d.—In this, that Private Thomas F. Stanford, Co. K, 5th IT. S. Infantry, did make use of the following language towards Lieut. E. Williams, 5th U. S. Infantry, his su- ])erior and commanding officer, when he was ordered to fall out of the guard house to carry a log, "yt)u go to hell, I can (^arry the log and you too." All this at Albuquerque, N. M., on or about the 18th day of March, 18()7.

PLEA.

To the 1st speciiication, Guilty. To the 2d speciiication, GuiUy. To the 3d specification, Guilty. To the charge, Guilty.

FINDING.

Of the 1st specification, Guilty. Of the 2d specification, Guilty. Of the 3d speciiication, Guilty. Of the charge, Guilty.

SENTENCE.

"To be confined at hard labor in charge of the guard for a period of three (3) months, and to forfeit to the United States ten (10) dollars per month of his monthly pay, for each month of the same time."

2d.—John O'Gorman, Private Co. K, 5th U. S. Infantry, on the following charge and specifications:

CHARGE—Violation of the 4:5th Article of War. Specification Ist.^In this, that Private John O'Grorman, Co.

K, 5th U. S. Infantry, being regularly detailed for guard, did leave his guard, and remain absent from 11 o'clock A. M., until 1 o'clock p. M., when he joined his guard in a state of intoxication. All this at Albuquercpie, N. M., on or about the 18tli of March, 1867.

Specification 2d.—In this, that Private John O'Gorman, Co^ K, 5th U. S. Infantry, being regularly detailed for guard, iM become so drunk as to be unable to perform his duties in '^

13J

proper manner. All this at Albuquerque, N. M., on or al)out the 18th of March, 18()7.

PLEA.

To the 1st speeitication GiiiHij, except the words "and remain absent from 10 o'clock A. M., until 1 o'clock p. M."

To the 2d speciucation Guilty. To the charge, Gu ilt;/.

FINDINO.

Of the 1st specification Guiltij. except the words "and remain absent from 11 o'clock A. M., until 1 o'clock p. M."

Of the *2d specification, Guilty. Of the charge, Guilty.

SEXTENCK.

•'To be contined at liard lal)or in charge of the gaai\l fi-r the period of two (2) months.'"

M.—John Donhm, Private Co. C, ;5d V. S. Cavalry, on rhe following charge and specitications:

CHAIJOE—Conduct tn the preju'lire of yood order and Militaru discipline. Specification 1st.—In this, that Private John Dt)nlon, Co. C,

M U. S. Cavalry, having been regularly detailed as member of the guard, did become so drunk as to be unable to pro2:)erly perform said dutv. All this at Albuquerque, N. M., on or about the 26th day of February, IHiil.

Specification 2d.—In this, that Private John Donlon, Co. C, 3d U. S. Cavalry, when arrested by Corporal Peter Stone, Co. C, 3d U. 8. Cavalry, commanding the guard, did nuike use of the following language towards said Cori)oral Stone: "You clamued French son of a bitch, I will kill you whenever I get a chance," or words to that eftect. All this at Albuquerque, N. M., on or about the 2Gth day of February, 1867.

Specification 3d.—In this, that Private John Donlon, Co. C, 3d U. S. Cavalry, after having been ordered by his commanding officer, Lieut E. Williams, 5th U. S. Infantry, to keep (|uiet did say "I will see you in hell first," or words "to that effect. All this at Albuquerque, N. M., on or about the 2(jth dav of February, 18(57.

PLEA.

To the 1st specification, Guilty.

r'^

[41 To the "2(1 specificutiou, Not Guilf.ii. To the ;kl speciiicatioii, Not OuiUy. To the charge^ Not Guilty.

FINDINCi.

Of the 1st spedticatioii, Gulldi Of 'he 2d specitieation, Guilty,

excep! the words "I will kill you whenever I <^'et a chance.'' Of the Bd rspecification, Guilty. Of the charg"e, Guiltij.

SENTENCE.

"To be confined in charp^e of the gxiard for the period of three ('8) months, and to forfeit to the United States ten ''10; dollars per month of his monthly pay for the same period."

4th.—Jolm J. Mitchell, Serj^eant Co. C, 8dr. S. Cavalry, on the following charge and specification:

CHARIIE—Condiicl to till' prejudici' of r/ond order and Mllitani discipJifw. Sperifiraton—In this, that John T. Mitchell, Sergeant Com-

pany C, Bd U. S. Cavalry, on being notified by Peter Stone. Corporal 3d V. S. Cavalry, in charge of the guard, that it M-as 12 o'clock, (midnight,) and that the Officer of the day, Lieut. E. Williams, 5th U. S. Infantry, ordered that he, the said Mitchell, should repair to his quarters, did fail to obey the order, and did remain absent from then until about 1 o'clock in the morning of the 1st of April. 18(57, when he was arrested by Lieut. E. WilHams, 5th V. S- Infantry, Officer of the day AH this at Albuqurque, N. M., on or about the night of the 31st of March, 18()7. and the morning of the 1st of April, 18fi7.

PLEA.

To the specification, Not Guiltij. To the charge, Not Guiltij.

FINDINO.

Of the specification, Not GiiilUj- Of the charge Not GvUhl-

And the Court does therefore acquit him. 5th.—Charles Greenwood, Corporal Company C, 3d U. S.

Cavalry, on the following charge and specification: CHARGE—Conduct to the prejudice of good order and Mditanj

dixcipline. Specificatiou.—In this, that Charles Greenwcwd, Corporal

I.

'

Co. C, 3d U. S. Cavalry, having- been reg'ularh' detailed, and oi, diitv as a non-commissioned officer of the j>nard, did when left in charge of the same by Peter Stone, Corporal Co. C, 3d U. S. Cavalry, commandin<»" the guard, carelessly neglect his duty bv allowing all the memljers of tLe guard to lie down, and did himself lie down and go to sleep and reniiiiu so until found and awakened by Lieut. E. Williams, 5th U. S. Infantry, Of- ticer of the day, at half past 12 o'clock at night. All this at Albuquerque, N. 'SI., on or about the 31st of March and 1st of April, IS.")?.

I'LKA.

To the specification, . . Xof Guiltti To the charge Not O'Hi/h/

FIXDINO.

Of the s])ecitication, Nof Gia/fi/. Of the charge, Nof Giiili;/

And the Court does tlitiefore acquit him.

(jth.—John Gallon, Privat«^ Co. K, 5th U. S. Infantry, on the following charges and specitications:

CHAHGI: 1st—Vidlation (if fhe 4:i'}f/i Ardclr (,f' War. Specifirafion.—In this, that Private John C-rnllon, Co. K, 5th

U. S. Infantry, being regularly posted as a watchman o^er the Quartermaster's corral by the acting Quarternuister Sergeant of the post, did leave his post and go into town, and did remain absent until lirought back and contined in the guard-house. All this at Albu(iuerque. N. ^I.. on or nbont fli,. evening of the 30th of March, ISCT.

CHARGE 2d—(Jondiict to f/ic /irr/iii/icr <>/'i/ontj oid'r amf Military dmiptine. Specification 1st.—In this, that Private John Gallon, Co. K.

5th U. S. Infantry, did become so drunk as to be unable to perform his duties in a proper manner. ^ Specificatioa 2d.—In this, that Private John Gallon, Co. K. oth U. 8. Infantry, did tire of!" his pistol in the streets of Al- buquerque, X. M., thereby endangering the lives of the citizens and the post guard. All' this at Albivtuenjue, X. M., on or about the evening of March 30th, IHCT.

PLEA.

To the specitication 1st charge, Giiiltii. except the words "being regularlv posted."

To the 1st charge ." Not Guilti^.

[6]

To the 1st specilicatiou 2d charge, Not Guilty. To the 2d specification 2d charge, Not Guilty. To the 2d charge, Not Guilty.

FINDING.

Of the specitication 1st cliarge, Guilty. Of the 1st charge, Guilty. Of the 1st specitication 2d charge, Guilty. Of the 2d specification 2d charge, Guilty. Of the 2d charge, Guilty.

SENTENCE.

"To l)e confined at hard hibor in charge of the guard for the period of four (4) months, and to forfeit to the United States ten (10) d(illars per month of his monthly pay for the same period.

II... . The proceedings, findings and sentences, in the foregoing cases of Privates Tliomas F. Stanford, John O'Gorman and John Gallon, Co. K, 5th V. S. Infantry, and John Donlou, Co. C, 3d U. S: Cavalry, are approved. The sentences wiU be duly executed.

In the cases oi Sergeant John J. Mitchell and Corporal Charles Greenwood, the proceedings and findings are approved. The prisoners will l)e released from arrest and returned to duty.

By command of Major dreneral HANCOCK:

CHAUNCEY McKEEVER,

J.v.svWa/)/ Adjutant General.

■

OFFICIAL


HEADQUARTERS DEPARTMENT OF THE MISSOUBI,



Upon the recommendation of their Conimaudiug Officer,

the unexpired portion of the sentences of conlinement in the

cases of 2d class Privates James Moore and Wilham Jones,

of the detachment of Ordnance stationed at Leavenworth

Arsenal, promulgated in General Orders No. 48, current series,

from these Headquarters, is hereby remitted. The prisoners

will he released from confinement and returned to dutA'.

By command of Major Greneral HANCOCK:

CHAUNCEY McKEEVER, Asmstant Adjutant General.

..

OFFICUL:


'W I is

„

.

G. a. M.

1. James Gillespie, Priviite Co. K, 5th U. S. Infantry. 2. Patrick Dorsey, Private Co. K, 5th U. 8. Infantry. 3. Martin Brown, Private Co. L, 8d U. S. Cavalry. i. John Damcr, Private Co. L, od U. S. Cavahy. .1. WiUiam H. Manstiekl, Private Co. L, 3d U. S. Cavah-y. (i. Thomas Whitley, C(jr2)oral Co. C, 5th U. S. Infantry.



GENEBAL ORDERS, ) No. 99. f

I... .Before a General Court Martial which convened at Al-

Imquerque, N. M., March 27, 1867, pursuant to Special Orders

No. 51, current series, from these Headquarters, and of which

Brevet Brigadier General CHRISTOPHER CARSON, Lieutenant

Colonel Battalion New Mexico Volunteers, is President, were

arraigned and tried:

1st.—James Gillespie, Private Co. K, 5th U. S. Infantry, on the following charges and specifications:

CHARGE 1st— Violation of the 4:5th Article of War. _ Specification.—In this, that Private James Gillespie, Co. K, •")th U. S. Infantry, did appear at the drill of his company so drunk as to be unaljle to perform said duty in a proper manner. All this at Albuquerque, N. M., on or about the 1st day of April, 1867.

'■

[2]

CHAKOE 2d—Conduct to the pvejudicf of gond order and MiUtarif discipline. Specification 1st.—In this, that Private James Gillespie, Co.

K, 5th U. S. Infantry, when ordered to the gnard-house bv 1st Sergeant Thomas Clark, Co. K, 5th U. S. Infantry, did sav: "I will not go to the guard-house, and you can't take me there;" and then being approached by his 1st Sergeant, did raise his musket in a threatening manner, saying: "damn you, don't lav a hand on me, or I will knock you down." All this at Albuquer- que, N. M., on or about the 1st day of April, 1867.

Specification 2d.—In this, that Private James Gillespie, Co. K, 5th U. S. Infantry, being taken to the guard-house by Cor- poral Wilson, Co. K, 5th U. S. Infantry, did say to 1st Sergeant Thomas Clark, 5tli U. S. Infantry: "you son of a bitch, it is a good thing you are going away, or I would kill or fix you; and I will do it any how before you go," or words to that eti'ect. All this at Albuquerque, N. M., on or abt)ut the 1st day of April, 1867.

PLEA.

To the specification 1st charge Guilty. To the 1st charge Gxiltij. To the 1st speeitication 2d charge, Not Guilty. To the 2d specification 2d charge, Not Guilty. To the 2d charge Not Guilty.

FINDING.

Of the specification 1st charge, Guilty. Of the 1st charge Guilty. Of the 1st speeitication 2d charge, Guilty. Of the 2d specification 2d charge Guilty. Of the 2d charge, Guilty.

SENTENCE.

"To be confined at hard labor in charge of the guard for one month, and to forfeit to the United States ten dollars of his monthly pay for the same period."

2d.—Patrick Dorsey, Private Co. K, 5th U. S. Infantry, on the following charges and specifications:

CHARGE 1st—Conduct to the prejudice of good order and militarn discipline. Specif cation 1st.—In this, that Private Patrick Dorsey, Co.

K, 5th U. S. Infantry, when Sergeant John Carr, Co. K, 5th U. S. Infantry, entered his (Dorsey's) squad-room to enqiure

[3] an to the whereabouts of certain men of said Co. K. did reply to said Sergeant Carr: " what hnsiness have you liere, or to coniine this man."

Specification 2d.—In this, that Private Patrick Dorsey, Co. K, 5th r. S. Infantry, did say to Sergeant Carr, C-o. K, 5th V. S. lufautry: "you damned son of a bitch, I can \\\\\\) you or auv other ni>u-connuissioned otficer in tlie company." All this at AIl)nquerque. X. M., on or about April ;-{d, 18(57.

C'H.iKGE 2d—Violation (tf the \)th Article of War.

Specification-ln this, that Private Patrick Dorsey, Co. K, .5th U. S. Infantry, did use violence to said Sergeajit Carr, and did strike him, Sergeant Carr, and did say: "you damned bastard, I will fix you the tirst time I get a chance," or words to that eft'ect. All this .It Allrriqueniue. N. M.. on or alH)Ut April 8d, 18()7.

PLEA.

The 1st s})ecilication to the 1st charge was objected to by the prisoner, because it contained ni> averment of either time or place—the objection was sustained.

To the remaining sjiecitication 1st charge Not Guilty. To the ist charge Not Guilty. To the specification 2d charge Not Guilty. To the -Id charge Not Gui/f'y.

P'INI>I>(T.

(Jl tile spfcitii'ation 1st charge, Guilty. Of the 1st charge. Guilty. Of tlie specification 2d charge, Guilty. Of the 2a chai'ge Not Guilty.

SENTENCE.

"To be confined at hard labiu* in charge of the guard for

'^'iie il, month and to forfeit to the United States ten (10)

ilollars of his monthly ])ay for the same time."

M.—Martin Brown, Private Co. L, 3d U. S. Cavaby. on the following charge and s2)ecification: '

CHAEOE—Condui-t to the prejudice of good order and Military di^- cipUne.

Specification.—In this, that Private Martin Brown, of Co. L, '^(i Cavalry, U. S. Ai"my, being a member of the garrison guard, jiiily detailed and mounted, and a sentinel on post No. 6, did ieave his post without having been regularlv relieved. This at Fort Wmgate, N. M., on or about the 22d dav of March, 1867.

Afmm

y. Ui

[4] PLEA.

To the specific; I Lion Not Guiltti To the chra-ge, Not GuiJiij.

FINDING.

Of the speeiiicatioii, Guiltii. Of the charge, Guilt]i.

SENTENCE.

•'To be confined at hard labor in charge of the guard for the period of two (2) months, and to forfei!; to the United States ten (lOj dollars per month of his monthly pay for the same period. The sentence is made thns lenient by the Court, iu view of the prisoner's apparent ignorance of his duties."

4th.—John Damer, Private Co. L, Ikl V. S. Cavalry, on the following charge and specification:

CHARGE—Violation of the 4i&h Article of War. Specification.—In this, that Private John Damer, of Co. L.

:?d Cavalry, U. S. Army, being a member of the garrison guard. duly detailed and mounted, and a sentinel cm post No. 4, did leave his post without having been regularly relieved. All this at Fort Wingate, N. M., on or about the 18th dav of March, 18G7.

PLEA.

To the specification, Guilty. To the charge, Not GiiHtij.

FINDING.

Of the .specification, Guilltj- Of the charge, Guilty-

SENTENCE.

"To be confined at hard labor in charge of the guard for two (2) months, and to forfeit'to the United States ten aO) dollars per month of his monthly pay for the same period. The sentence is made thus lenient in view of the prisoner's apparent ignorance of his duties."

5th.—Wilham H. Mansfield, Private Co. L, 8dU. S. Cavalry, on the following charges and specifications:

CHARGE 1st—Conduct to the prejudice of good order and Mil- itari/ di><cipline.

II

[5] Specijicalioii.—In this, that be, Private WilHam H. Manstield,

of Co. L, 3d U. S. Cavah'v, did ielouiouslv enter tlie store-room of the A. C. S., by lu'eakiny or assistino- in breaking the lock of the door, and did extract or assist in extractin^if from one (1) barrel ('ontainin;.>; whiskey, one gallon, more or less. This atFortWingate, X. M., on or aboat the 2d day of March, 1<S()7.

CHAIUJE lid—Drunkenne!<!< on dnfij. Sjjecijicafion.—In this, that he. Private William H. Mansfield,

of Co. L, ijd U. S. Oavalry, being on extra duty in the Qnar- termaster's Department as clerk at Fort Wingate, N. M., did become intoxicated to such an extent as to be nnable to properly perform the duiv assigned. All this at Fort Wingate, N. M., on ov aboiiL the 2d day of March, 18(57.

i'LKA.

To the s])ecification 1st charge Not Guilty. To the 1st charge, Not Guilty. To the specification 2d charge, Not Guilty. To the 2(1 charge Not Guiltij.

I'lxnixG.

Of the specilication 1st charge, Not Guilty. Of the 1st charge, Not Guilty. Of the specification 2d charge, Not Guilty. Of the 2d charge, Not Guilty.


6th.—Thomas Whitley, Corporal Co. C, 5th U. S. Infantry. on the following charge and specifications:

CH.^RGE—Conduct to thf prejudice of good order and Military discipline. Specification 1st.—In this, that Corporal Thomas Whitley, of

Co. C, 5th Infantry, U. S. Army, acting Commissary Sergeant at Fort Wingate, N. M., did order, or direct without proper authority. Private William H. Mansfield, of Co. L, 3d U. S. Cavalry, to enter the store-room of the A. C. S. This at Fort Wingate, N. M., on or alxnit the 2d day of March, 1867.

Specification 2d.—In this, that the said Corporal Thomas ^\Tiitley, of Co. C, oth Infantry, U. S. Army, acting Commis- sary Sergeant at Fort Wingate!, N. M., did make, or cause to be made, a key fitting the lock of the door leading into the st(n'e- room of the A. C. S. at Fort Wingate, N. M., having in view a felonious intent. This at Fort Wnigate, N. M., on or about the 1st day of March, 18(57.

t ^

[6] Specifivation 3d.—In this, that the said Corporal Thomasi

Whitley, of Co. C, 5th Infa;itry U. S. Ai'iny, acting Commis- sary Sergeant at Fort Wingate, N. M., did order or direct Pri- vate William H. Mansfield, of Co. L, 3d U. S. Cavalry, to enter the store-room of the A. C. S., and extract from a barrel containing "Whiskey, a certain amount, at the same time furnishing Private William H. Mansfield, of Co. L, 3d U. 8. Cav- alry, a false key, for the purpose of feloniously entering said store-room. This at Fort Wingate, N. M., on or about the 2d day of March, 1867.

PLEA.

To the 1st specification, Not Gu'dtii. To the 2d specification, Not Guilty. To the 3d specification, Not Guilttj. To the charge, Not Guiittj.

FINDIN'O.

Of the 1st specification, Guilti/. Of the 2d specification, Not Guilty. Of the 3d specification, Guilty,

except the words "and extract froniu barrel contiiining whiskey, a certain amount."

Of the charge, Guilly. SENTENCE.

"To be reduced to the ranks, and to be confined at liard labor in charge of the giiard for the period of four (4) Calendar months, and to forfeit to the United States ten (,10) dollars per month of his monthly pay for the same period."

II... . The proceedings, findings and sentences in the foregoing cases of Privates James Oillespie, Co. K, 5tli IT. S. In- fantry, Martin Brown and John Damer,Co. L, 3d V. S. Cav- alry, arc approved. The sentences will be carried into effect.

In the case of Private Patrick Dorsey, Co. K, 5th U. S. In- fantry, the proceedings and findings upon the 1st charge and specification are approved. The findings upon the 2d charge and specification are disapproved. Oft'ering vit)lence to a non- commissioned officer by a soldier, is not a proper charge, under the i)th Article of War; a non-commissioned officer not being considered, in the purview of this article, a "superior officer. Charges of this nature should be laid under the 99th Article of War. The sentence will be carried into effect.

„

[7]

In the case of Private William H. Mansfield, Co. L, 3d U. 8. CavahT, the proceedings and findings are approved. The prisoner will be released from confinement and returned to duty.

The proceedings and findings in the case of Corporal Thomas "NMiitley, Co. C, 5th U. S. Infantry, are confirmed. The sentence will be duly executed.


CHAUNCEY McKEEVEK, As^ifttant Adjutant General.

OFFICIAL :


W

*' ^i'

G. C. M.

I 1. Ferdinand Haberfelder, uuassigned liecruit, 5tli U.S. Inft.

2. Edward Carr, Private Co. C, 8d V. 8. Cavalry.

3. John Dolierty, Sergeant Co. K, oth U. S. Infantry.

4. Leonard B. Wliitbeck, Sergeant Co. K, Tjth U. S. Infantry.

.'). George AV. Stevens, Private CA). C, 5th U. S. Infantry.


FoKi' LKAVENWOKTH, KANSAS, June 21, 18(17.

GENERAL OKDKKS, ( No. 100. j

I.. . .Before a General C-ourt Martial which convened at Al-

buquerque, N. M., March 27, 18(57, pursuant to Special Orders

No. ;)1, current series, from these Headquarters, and of which

Brevet Brigadier General CHRISTOI^HEH CAKSON, Lieutenant

Colonel Battalion New Mexico Volunteers, is President, were

arraigned and tried:

1st.—Ferdinand Haberfelder, Private 5th U. S. Infantry, on tlie following charge and specification :

CHAR(iE.—Ih'scrfion.

Specificafion.—In this, that Private Ferdinand Haberfelder, unassigned Recruit, 5th U. S. Infantry, a duly enlisted soldier ii) the service of the United States, did desert the same at ("imp near Fort Union, N. M., and did remain absent until he surrendered himself to the commanding officer at Albuquerque, N. M., on November 12, 18()(). All this at or near Fort Union, N M., on or about the 5th day of August, 18(i(;.

To the specification ; Guilty.

To the charg-e, Giiiltij.

FINUINO.

<Jf the specitication, Guilty. Of the charge, GiiiU'ii.

SKXTKXCK.

"To forfeit all pay and allowances dne hiiu at the time he

surrendered himself, except jiast dnes to the sutler and laun-

dress, and to make good to the United States the time lost by

desertion. The sentence is made thus leni(nit in view of liis

good character and long <!ontinement."

2d.—Edward Car?-, Private Co. V, 3d U. S. Cavalry, on the following charg-e and specitication:

CH.\RaE—Condurf fo fhe /)r('JtitJic(' of </ot»l ordi^r find Miiitnni

dm-ij)/ine. a^pticiJicafioH.—In this, that Private Edward Carr, Co. C, 3d

U. S. Cavalry, having been regnlarly detailed and on duty as ;i member of the post guard, did attempt to introduce licpior in- to the post guard house. All this at All)n(^uer(pie, N. M., on or al)out the ()th day of Api'il, IcSCiT.

I'LKA.

To the specitication, Not Guiltij. To the liharge, Not Guiltij.

FINDING.

Of the specitication Giiiltij- Of the (;harge, Guilfij.

SENTENCE.

"To be confined at hard labor in charge of the guard for the

period of ten (10) days, and to forfeit to the United States tire

(5) dollars of his monthly pay."

3d.—John Doherty, Sergeant Co. K, oth U. S. Infantry, on the following charge and specifications:

CHARGE—Condvcf prejudicial to good order and Mditanj di.tcipline.

Specification Ist.-In this, that Sergeant John Doherty, of Co. K, oth U. S. Infantry, being in charge of a party of Navajo Indians, captives en-route to the reservation at Fort Sumner, N. M., did sell or otherwise unlawfully dispose of part of the rations belonging to said Indians, entrnsted to his care, to wit: one

I

fl) quarter of boef at Alamada, N. M., and two (2) sacks of tiour at Algodoiias, N. M., said rations being' for the use of the Indians en-roiite to the reservation at Fort 8uniner, N. M. All this at or near Alannuhi, and Algodonas, N. M., on or about the evening of the 28th and 'i^th of December, 18()().

Specijication 2d.—In this, that Sergeant John Doherty, of III Co. K, 5th U. S. Infantry, being in charge of a party of Navajo

Lifhans, captives e:i-rovite to the reservation at Fort Sunnier, N. M., did leave six ((i) .sacks of flour at Pinos Kanclie, N. M., until his return from Kock Corral, (he there l>eing relieved by ;i!!()tiier party from Santa Fe, N. M., ; on his leturn from Kock Corral, did take said tiour to the house of one Mrs. Fi.sher, near AlbuqiK'i"(l"t\ N. ^L, to be ke})t th(>re until called for by bini. The said tiour l)eing part of the rations issued to the aforeHuid party of Navajo Inchans, at Albu(iuer(jue, N. M., for their sustenance en-route to tlie reservaticm. He, Sergeant Doherty, intending to (hspo.se of, or appropiate .sjiid tiour to his own use. All this at or near Albucpiercpie, N. M., on or jihoiit the 4th day of January, ](S(i7.

I'J.K.A.

To die 1st .vpecitication Xof (idiHi/. To the 2(1 ,sj)eciti(-atiou, Xof Guilty. To the charge \(»t Gnilti/.

l'lN'l)IN(i.

Of the 1st speciti(^ati()n, (Juiltij, except the words "two sacks of tiour at Algodonas," and .sub- stituthig therefor "(uie .sack of tiour at Alamada."

Of the 2d specitication, Guiltij. except the words "b(nng in charge of a i)arty of Navajo In- (lian.s, captives en-route to the reservation at Fort Suninei-. N. M.," and "Pinos Ranch, until his return from Rock Cor- ral, he being there relieved by another jiarty from Santa Fe, N- M., on his return fi-om R(jck Corral, did take said Hour to"—making the sj)ecitication as the accused was

I tound GiiiHy of it, read:

In this, that Sergeant John Doherty, Co. K, oth U. S. In- fantry, did leave six ((j) sacks of fiour at the house of one Mrs. Fisher, near Albu(pierque, N. M., to be kept there until called t()r by him. The said iiour being part of the rations is.sued to the aforesaid party of NaA'ajo Indians, at Albuquerque, N. M., tor their sustenance en-route to the reservation. He Sergeant iJoherty intending to dispose of, or appropiate said tiour to

Ih^

his own use. All this at t)V near Albuqueixiue, N. M., on or about the 4th day of January, 18(57. Of the charge, (inilti/.

SENTENCE.

"To be reduced to the ranks; to be contincd at hard labor in charge of the guard for thirty {'SO) dayii, and to forfeit to the United States ten [lOJ d )ll;irs of his monthly pay i)er nK)iitli for six months.

4th.—Leonard B. Whitbeck, Sergeant Co. K, oth U. S. In- fantry, on the following charge and si)e('iiicatioiis:

CHARGE —Cotidacf to the prejudice of (jood order (tiid Mllilarii dm-iplitte.

S'peeificatioii Ist.—In this, that Sergeant Lt^onard B. "Whit- beck, Co. K. 5th U. S. Infantry, did l)econie so drunk as to be utterly unable to properly perform the duties of a st)kher. All this at Albuquerque, N. M., on or about the 5th day of April, 1867.

Specijicatioit 2d.—In this, that Sergeant Leon;ird B. Wliii- beck, Co. K, 5th U. S. Infantry, did absent himself from letreat roll-call of his company, without permission from i)roper authority. All this at Allnnpiercpie, X. M., cm or al)out the 5tli day of April, 1867.

Specification 3d.—^In this, that Sergeant Leonard B. Whit- beck, Co. K, 5th U. S. Infantry, haying been placed in arrest by order of his company officer, Lieut. Ephraim Williams, otli U. S. Infantry, did disobey said order by breaking his arrest, leaying his company quarters and going into the town of Al- buquerque, without permissit)n from proper authority. All this at Albuquerque, N. M., on or about the 8th dav of April, 1867.

PLEA.

To the 1st specification Guilln. To the 2d specification, GuHltJ-

. To the 3d specification, 6^"''%- To the charge, Gui^'H-

EINDINO.

Of the 1st speciiication, Guilty- Of the 2d specification, Gmtty. Of the 3d specification, Guilty- Of the charge, GuUty-

L5]

SENTENCE.

"To be reduced to the ranks."

5th.—George W. Stevens, Private Co. C, otli U.S. Infantrv, on the following charge and specification:

CHARGE—Conduct prejudicial to good order and Military dis 11 cipline.

Specification.—In this, that Private (loorge N\'. Stephens. Co. C, 5th U. S. Infantry, did make a violent assault with ;. knife, and dangerously wound the person of Sergeant Edniond G. Williams, Co. C, 5th U. S. Infantry, which was capable oi causing his death. All this at Albuquerciue, N. M,, on or about the 5th day of April, 1867.

PLEA.

To the specification, Not Guilty. To the charge, Not Guiliu

FINDING.

Of the specification, Guilttj. Of the charge Guilty.

SENTENCE.

"To be confined at hard labor in charge of tlie guard for fotir (4) months, and to forfeit to the United States ten (10 dollars per month of his monthly pay for the same period."

II. .. .The proceedings and findings in the foregoing cases of Sergeants John Doherty and Leonard B. Whitbeck. Co. K. 5th U. S. Infantry, Ferdinand Haberfelder, uuassigned Itecruit 5th U. S. Infantry, Privates Edward Carr, Co. C, 8d U. S. Ca\ airy, and George W. Stephens, Co. C, 5th U. S. Infantry ar» approved, and their sentences will be duly executed.


CHAUNCEY McKEEVER,

Asfiintant Adjutant General.

m ill ii

OFFICIAL :


¥ HEADQUAETEES DEPAETMENT OF THE MISSOIEI, FORT LEAVENWORTH, KANSAS, June 24, 1867.


On the recommendation of Brevet Major (leiieral A. J. Smith, Commandinfj^ District of tlie Upper Arkansas, for meritorious conduct diiiing the Jate Hood at Fort Havs, the unexpired and unexecuted portions of the sentences in tlie cases of Privates Oscar Crist, Co. H, and Barnard O'Neal, Co. M, 7t}i U. 8. Cavahy, ijromulgated in General Orders No. MS, current .series; Private William Armstrong, Co. K, 7th U. S. Ca^alry, ])iomulgrtt('d in (Tcneral Orders No. 66, current series; Private Levi Weaver, Co. L, 7th U. S. Cavalry, promulgated in Gen- eiieral Orders No. ;}5, last series of 1866; Private Eichard Ma- loiiy, Co. M, 7th U. S. Cavalry, promulgated in General Or<leis No. 84, current series; Privates Wilhelm Eichardt, Co. A, and William S. Jacoby, Co. D, 7th U. S. Ca\alry, promulgated in General Orders No. 61, current series; Private James Brown, Co. G, 7th U. S. Cavalry, promulgated in General Orders No. <i2, current series, and Private Shannon Wilson, Co. F, 7th U. S. Cavalry, promulgated in General Orders No. 27, current series, are hereby remitted.


CHAUNCEY McKEEVEE, Aiffiidanf Adjutant General. •

OFF ICIAL:

•

.

G. C. M.

Charles A. Liiuthum, Private Co. H, 37tli U. S. Infuntrv, Edward Delaiiey, Private Co. E, 7th U. S. Cavalry. George Stafford, Private Co. E, 7th U. S. Cavalry. George M. Kobbins, Private Co. E, 7th U. S. Cavalry. Levi Smith, Private Co. C, 87th U. S. Infantry. Charles E. Lake, Privata Co. D, 7th U. S. Cavalry.


FoKT LP'WENWORTH, KANSAS, June 24, 18(57.

GENERAL ORDERS, } No. 102. [

I — Before a General Court Martial which convened at Fort Hays, Kansas, May 20, 18()7, pursuant to Special Orders ^0. 107, current series, fi'om these Headquarters, and of which Brevet Major JOHN RZIHA, Captain 37th U. S. Infantry, is Pres- ident, were arraigned and tried:

1st.—Charles A. Lantham, Private Co. H, 87th U. S. In- laiitry, on the following charge and specifications:

m ijH\KHK—(Joiidiicf j>r<'judicial ft> good ordrruiid Alilitiini disci-

pline.

Specijicatioti 1st.—In this, that he, the said Charles A. Lau- tham, Private Co. H, 87th IT. S. Infantry, having- been reque.st- eJ while a member of thegniard, by Edward M. Broek, Private Co. H, 87th U. S. Infantry, also a mem])er of the guard, to "hurry vxp, and not keep the relief waiting," did reply, "go to hell you son of a bitch," or words to that eiiect. This at the Indian Encampment, near Pawnee Fork, Kansas, on or about the 15th day of April, 1S;;7.

S/M'cijlc(di<>» 2d.—In this, that he, the said Charles A. Laii- tham, Private! Co H, 87th U. S. Infantry, did, with fixed l)ay<)- net, wilfnlly stab Edward M. Brock, Private Co. H, 87th U.S. Infantry, an<l intlict a severe wound in his side. This while Lanthnni and Brock wero members of the guard, at the Iixliaii Encampment, near Pawnee Fork, Kansas, on (,r ab.ont the l.^tli day of April, 1H(!7.

PI.KA.

To the 1st specification, (iiiilltj, except the words "go to hell you sou of a bitch."

To the 2d specification, (luilhj, except the word "willfully."

To the charg-e, Guiliy.

FINDING.

Of the 1st specification, Ginlty. Of the 2d specification, Guilty. Of the charge, GuiUy.

SEN'fKNCK.

"To forfeit to the United States ten dollars r$lU) of his

monthly pay for the peinod of three months, and to be confined

at hard labor under charge of regimental guard for one

month."

2d.—Edward Delaney, Private Co. E, 7th IT. S. Cavalry, on the following charges and specifications:

CHARGE 1st—Leaving his guard.

Sfx^cijicati&n.—hi this, that he. Private Edward Delaney, Troop E, 7th U. S. Cavalry, being a member of the guard, regularly detailed and duly mounted, on the morning of February 11, 1867, did leave his guard without proper authority, about 10 o'clock A. M., and did remain absent until about li o'clock P.M.

"

,

[8j

CHAHGE 2d—Drunk- on {jnard.

Specijication.—In this, that iie, Private Edward Delaney, Troop E, 7th U. S. Cuvahy, being a member of tht; guard, regularly detailed and mounted, on the moining oi February 11, 1867, did become so mueh under the influence of liquor as to be unable to j)r()})erly perform his duties as a stuitinel. All this at or near Fort Hays, K;iiis:is .n; or about February 11, LS()7.

To the s])ecitication 1st charge, Guilhj. To the 1st c]iari':e Guilty. To the specification 2d charge, (juilty. To the 2<1 <-harg.', Guilty.

KINDINli.

Of the specification 1st charge, Guilty. Of the 1st charge, Guilty. Of the s])ecification 2d charge, Guilti/. Of th(> 2d charge Guilty.

SKNTENCK.

•'To f()rf(!it to the United States ten dollars ($1()J of his

monthly pay for the period of four [4] months, and to be con-

fined at hard labor under guard f«)r thi*ee [3] months, except

the first ten J^IOI days of each month he will be confined in

soKtary (-onfinement on bread and w\ater."

3d.—Private (ieorge Staiiord, Troop E, 7th U. S Cavalry, on th(! following cdiarge and specification:

CH A K(iK—Dexert io n.

Specijirafion.—In this, that he, Private (xeorge Staft'ord, Troop E, 7th U. S. Cavalry, after being duly enlisted in the nervice of the United States, did, on or about the 27th day of •January, 1H()7, absent himself from Camp without leave fi-om proper authority, and did remain absent until apj^rehended atornear Fossil creek, Kansas, on or about JanuaVy 81st, 1867. All this at or near Fort Havs, Kansas, on or al)out Januarv :i7th, 1867.

PLKA.

To the specification, Guilty. To the charge, Not Guilty.

FINDINO.

Of the specification, Guilty

-v

9t' It

Of the charge, Not GiiiHq of Desertion, but guilty of absence without leave.

SENTENCE.

"To forfeit all pay and alhnvar^ces now due him, or to become due, except the jiist due;; of tlit~ laundress and sutler, for the period of three months, and to be contined at hard labor under guard t\)r the same period.""

Ith.—Private George M. riobl)ins, Troop E, 7th Cavalry, on the following charge and specification:

CHARGE—SIe{'pi)ig on Posi. Specijication.—In this, that he, Private (leorge M. Robbius,

Troop E, 7th U. S. Cavalry, being a member of the Post guard, regularly detailed and duly nioimted on the morning of Feb- ruary 2Uth, 1S()7, at Fort Hays, Kansas, and being duly posted as a sentinel, wa^ found sleeping on his ])ost. All this at or near Fort Htiys, Kansas, on or about.February "iOth, 1S(>7.

PI.EA.

To the specilicaliou, Gttiltij. To the charge, Gailty.

FINUlNc;.

Of the specification (hiilhi. Of tlie charge, GiiiJtij.

SENTENCE.

"To forfeit all pay and allowances which may be due him, or may become due, for the period of six [6] months, except thf just diies to the laundress and sutler, and to be conliued at hard labor for the same time, except the first fouiteen days of each month to be confined in solitary confinement on bread and water, and after expiration of sentence, to be dishonorably discharged the service of the United States."

5th.—Private Levi Smith, Co. C, 87th U. S. Infantry, on the following charge and specification:

CHARGE—Desertion. Specifimtio)).—In this, that he, Private Levi Smith, of Co.

C, 37th U. S. Infantry, a duly enhsted soldier in the service of the United States, did desert the same at Leavenworth, Kan- sas, on or aboiit the 12th day of March, 18G7, and did remain absent until apprehended at St. Joseph, Mo., on or about the 2d day of April, 1867.

PJ.KA.

To the specilic'Htion Guilty. To tho chixr^'-c, GiiiJfi/.

FI\f)IN 4.

Of tiic s|K'-:i!CMi;t)i!, Uiitlly.

01 tlio cli;ir;;e, Guilty.

SEN'TENtK.

• li) t'-irfcii to LIIC I. iiited 8t;itcs iiil pay and allowances

which may i)e due him, or may hectome due, for the period of

six [(*>• iiionth.s, except the just dues of the laundress and sutler,

liiid to he co'itined at hard labor for the same period.""

(jth.—Private Charles E. Jjake, Co. J), 7th Cavalry, on the tollowiu<>-charj^'e and specification:

ClIAIiCiE— Slc('J)i)l(/ (HI /'().</.

Sjiecificiifii)H. -In this, tiiat he, Private Charles E. Lake, Co. 1), 7th iiej^iment U. S. Cavalry, havin<>- been duly posted as a .sentinel, was found asleep on his j)ost, between the hours of :] o'clock and .") o'clock A. \I., when visited V)y tlie Officer of the Dav. This ut the Camp of the 7th l-. S. Cavalry, on or about tli("l4th of May, 1H(;7.

I'I.EA.

T(» the specification Guilty. To llic (•liar<4'e Guilty.

EINniN(4.

Of the .sp;citiciition Guilty. Of the charge Guilty.

SENTENCE.

"To forfeit to the United States all 2)aN and allowances which

are due him, or may l)econie due, except the just dues of the

laundress and sutler, for a period of six [()J months, to be cou-

tiued at hard labor uiuler ^uard for the same period, ex(;ept

the lirst fourteen days of each month to be in solitary confine-

uieiit on bread and water, and after the expiration of sentenc;e,

to be dishonorably discharged the .serxice of the United States.

II. . . .'Tne pr-iceedings and hndin^^s in the cases of Privates

Chiu-les A. Lantham, Co. H, and Levi Smith, Co. C, 87tli U. S.

lufiuitvy. and George Stafford, Co. E, 7th U. S. Cavalry, are

apiaoved, and the sentences will be executed.

)l U

111 the case of Private George M. Hobbiiis, Co. E, 7tli L'. S. Cavalry, the proceedings and tiudiiigs are approved. So niucb («t' the sentence as imposes a dishonorable discharge is disapproved. The remainder of the seniencc will be duly executed.

In the cases of Privates Edv»ard Delaney, Co. E, and Charles E. Lake, Co. D, 7th U. S. Cavalry, the proceedings and tindings are approved. On the recommtndaiion of the C( njinaiuliiig (Officer, District of the Upper Arkansas, for meritorious conduct during the recent Flood at Fort Hays, their sentences are remitted. They will be released from confinement and returned to duty.

III.... The General Court Martial of which Brevet Majoi' •JOHN KZIHA, Captain iHth Int'antry, is President, is hereby dissohed.

By comniaijcl of MA.JOI! (iiiXKi'.AL HANCOCK:

CHAUNCEY McKEEVEK, Assisfdtif Adjiifditf (h'llt'Vdl.

OlTlCIAI.:

Coptaiu and Actimj Judge-Ach-ocdtc.

G. C. M.

1. Daniel OBrieu, Private Co. E, U. S. Engineer Battalion. •2. Thcmuis Watson, Private Co. D, 88th T. S. Infantry. :i Henry Sp.jlhnan. Private Co. H, 38th U. S. Infantry.

HEABQUARTEPS DEPARTMENT OF THE MISSOURI.

FoKT LE-WENWORTH, K.AN.SAS, June 2/), 18()7.

GENEK.'VL OKUEKS, / No. 103. f

I... Before a General Court ^Martial which eonveued at •Jefferson Barracks, Mo., June 12th, 18()7, pursuant to Special Orders No. 125, current series, from these Headquarters, and of which Brevet Major General W. B. HAZEN, Colonel 38th F. S. Infantry, is President, were arrai;.^ned and tried:

1st.—Daniel O'Brien, Private Co. E, U. S. Enoince,- B;ir- talion, on the followinpf charge and si^ecitications:

CHARGE—Conduct to the pre} iid ice of (jood order and Mililarij dis-

¥

m Spevifiratioii Ist.—In this, that he, Private Daniel O'Brien

■Jo. E, U. S. Engineer BattaHon, being ordered by Sergeant Oharles A. Miles, Co. E, U. S. Engineer Battalion, to desist making an attempt to violate the person of Lilly Steward, a •olored woman, did wilfully refuse to obey said order. Tlii,s it Engineer Depot, Jett'erson Barracks, Mo., on or about the 2d day of June, 18G7.

Specificafioa 2d.—In this, that Private Daniel O'Brien, Co. E, II. S. Engineer Battalion, did with violence take hold of Lilly Steward, a colored woman, throwing her down with the intention of violating her person, and while she was resisting- ills attempt, did tear her clothing, and kick her several times.

Specification 3d.—In this, that he, Private Daniel O'Brien, 'Jo. E, U. S. Engineer Battalion, when being ordered by Ser- jeant Charles A. Miles, Co. E, U. S. Engineer Battalion, to desist making an attempt to violate the person of Lilly Stew- ard, colored, did attempt to strike said Sergeant Miles, at the same time saying "you are a damned son of a bitch,' and when oeing placed in confinement by order of said Sergeant Miles, lid say several times, "you are a God-damned son of a V)itch,"'

; )r words to that effect. All this at Engineer Depot, Jett'erson Barracks, Mo., on or about the 2d day of June, 18(57.

PLEA.

To the 1st specilicati(ni, JVo/ Guillij. To the 2d specification, Not Guilty. To the 3d specification Not Guilty. To the charge Guilty.

FINDING.

()f the 1st specification, Guilty, except the words "to violate her person, " in the sense of a rape, but in the sense of an assault.

Of the 2d specification, Guilty, except the words "to violate her person," in the sense of a rape, but in the sense of an assault.

Of the 3d specification, GuiUy, except the words "to violate her person," in the sense of a rape, but in the sense of an assault.

Of the charge, GuiJty. SENTENCE.

"To be confined at hard labor in charge of the guard for three months, and to forfeit to the Government of the United States the sum of twelve dollars per month (jf his monthly pay for the same period."

II

[3] 2d.—Thomas Watson, Private Co. D, 88tli V. H. Infantry,

)U the foHowing charj^i-e and specification:

(JH.\KaE—JJeserfion.

Spcci/i'-afioii.—In this, that he, Thomas Watsim, Private of i!o. D, 88th U. S. Infantry, did desert the service of the United States at Jetl'erson Barracks, Mo., on or al)ont the 24th day of May, 1HG7. and did remain away nntil about tlie '2i'A]\ dav of May, 1H()7, when lie was arrested in Chica.i^o, 111.

ri.KA.

To the specification (luilfi/. To the charge <i uHtii,

FINDING.

Of the specilicatitin Guiltij. ' )i the charf^-e, Gin'/f;/.

SKXTKXCE.

"To be ci)nfineil at hard Labcn- in char<4'e of the gnard for

the period of six calendar months, and to reimburse the Gov-

'i-nmeiit of the United States the cost of apprehension, and

ro forfeit to the Government of the United Staff K fcii dollars

per month of his monthly i)ay for .six numths."

3(1.—Henry Spellman, Private Co. H, 88th U. S. Infantry, )ii the following- charge and sjiecification:

■''H.^RwE—(JoixliK-l /(> flif lircJiKfire of (food order find Military dixciplinf.

Specification—In this, that Private Henry Spellman, of Co. H, 5Hth U. S. Infantry, did steal or take from Private Jotjeph Wil- liams, Co. E, 38th U. S. Infantry, sick in Hospital, and when a- sleep, H bag containing the sum of six dollars, [ $6.; Tliis at Post H()S])ital, Jefferson Barracks, Mo., on or about May Kith, 18G7.

PLEA.

To the specification Not Guilty. To the charge, Not Guilty.

FINDING.


And the Court does therefore acquit him, Private H. SpeU-

inan, of Company H, :Wth U. S. Infantry.

1 '.

II. . . .The pvoeeediugs and liiidiiigs in the lorejôiiiiL; caKe;-; of Privates Daniel CBrien, Co. E, U. S. En^îneer Battalion, ;ind Thomas AYatson, Co. D, 88tli U. S. Infantry, are approved, and their sentences will ])e duly e.\.oeuted.

In the ease of Private Henry Speilman, Co. H, ;5Sth I'. S. Infantry, the proceedings and findings are ajsproved. Th(; prisoner will be released from confinement and rotnrn(Hl t(' duty.

III. . . .The General Court Martial of which Brevet Major General W. B. HAZEX, Colonel I^Sth U. S. Infantiy. is President. is hereby dissolved.

By command of Majcn- GeneraJ H.\XCOCK:

(^HArNCEY MoKEEVEK. Assisfnnf A(ijii/rnif Gcneiy

OFFICI.M,

Captain and Acfiiu/ Judgv Adriî-ntt

"• G. C. M.

1. :\Iicli;ifl McCxuirf, Private Co. F, ;5(l U. S. Infautry,

2. Seth Blacluuiui, Private Co. I, 4tli U. S. Artillery.

8. Thomas Maikay, Private Co. F. 3d U. S. Infantry.

4. Alexander Boyd, Private Co. F. 8d U. S. Infantry.

0. Jaeol) Mulieh, Private Co. F, lid U. S. Infantry.

(). James Johnson, Serjeant Co. F, Hd T". S. Tufaiiti-v. i

HEAD(^( AUTEltS DEPAPTMENT OF THE MLSSOUKI,

rt)KT LKAVKNWOUTH, KAN8.\S, Jiiiie 2!), 1807.

(rKNEKAL OnDKltS, ^ ' No. 104. f

I....Before a General Conrt Martial which convened at

Tort Leavenworth, Kansas, June 18, ■ 1807, pursuant to Special

Orders Nt). 127, current series, from these HeadcjuarterH, and

of which Brevet Major JOHN H. PA(iE. Cai)tain 3d Infantry, is

President, were arraigned and tried:

1st.—Michael McGuire, Private Co. F, :^1 U. S. Infantry, oil the following chaises and specifications:

CHAR(iK 1st—Ahsoicc iritlioiif leave.

Specijicalion.—In this, that he. Private Michael McGuire, of Co. F, M U. 8. Infantry, did absent himself fi'om his Company and train without proper authority, on or about 7 o'clock, A. M.,

April 23, 1867, until 4 o'clock, p. .AL, the same day. This while (^11 route from Fort Marker, Kansas, to Fort Riley, Kansas.

, CHARCJE 2d—Dixohedieiice of orders,

^pevification.—In this, that he, Private Michael McGuii-e, of Co. r, 3d, U. S. Infantry, did when ordered by Captain and

r. -m^

12^

Brevet IMajor Jolm H. Pa<ê. his conipaiiy coniinander, to leave a whiskey Rauche and join his company, fail to obey the said order. This on the 2l^d day of April, 18(57, while eu route from Fort Harker, Kansas, to Fort Riley. Kansas.

To the speeitieatioii 1st charge, (hdlfi/. To the 1st ehartre Guilty. To the specitication 2d cliarê, Not GuUtij. To the 2(1 charge, Not GuiUy.

FINDlXCi.

Of the specification 1st charfj;e, (ruillij. Of th(^ 1st cliarge, GuUty. Of the speciticjition 2(1 charge Giiilti/. Of the 2d charoe Guiliy.

SKN'l'ENCK.

■'To be confined at liard labor in cliar*^*' of the <>iiiird at the

})ost or stati(m of his Company, for a period of (50 days, and to

wear a 24 lb ball attached by a chain to his left le^- nntil (expira-

tion of sentence."

2d.—Alexander Boyd, Private Co. F, 8d V. S. Infantry, on th(^ followinj^ charjês and sj)eciti(;ations:

('HAR(iE 1st—Abxf'ncr ivifhouf Icnvt'.

Spccijication.—In this, that he. Private Alexander Boyd, of Co. F, 8d V. S. Infantry, did absent himself fi-om his Co. and train withont proper authority, on or about 7 o'clock A. M.,'28d of April, 18(57, until 4 o'clock p. M., the same day. This while en route from Fort Harker, Kansas, to Fort Kiley, Kansas.

CHARGE 2d—Dixohedience of order>i.

Specification.—In this, that he. Private Alexander Boyd, of (\). F, 3d U. S. Infantry, did, when ordered by Captain and Brevet Major John H. Paj^ê, his company commander, to leave a whiskey Ranche and join his company, fail to obey the said order. This on the 23d of April, 18(57, while en ronte from Fort Harker, Kansas, to Fort Riley, Kansas.

PI.EA.

To the spetntication 1st charge, Guilty. except the words "on or about 7 o'clock A. M."

To the 1st charge, Ouilty. To the specification 2d charge, Not GuiUy- To the 2d charge, Not Guilty-

i

FIN])IN<i.

Of the specification isf charge, (hiilfy. (wcept the words ''on or al)oiit 7 oChx-k A. M."

Of th<' 1st chiiro-e, Gvi/ty. Of the specification 2(1 char^'e Guilty. Of the 2(1 cliarjre Gvi/f]/.

SKNTENC E.

"To be confined at hard h-ibor in charge of the ^nard at the

post or station of his company for u period of <)() days, and to

wear a 24 Ih liall attaclied by a cliain to In's h't't lej; until expi-

r.itiou of seutt-nce."

;{(l.—Thomas ^lackay. Private ('o. ¥. '.U] V. S. Infantry, on the f()ll<)\vin<f cliai'o(>s and s2)ecifications:

CHAUOK 1st—Ah.o'iicc iritlioiit /I'firc.

Sjjt'cijica/ion. -In this, that he. Private Thomas Mackay, Co. F, 8d U. S. Infantry, did absent himself from his company and train without proper authorit}'. on or al)ont 7 o'clock A. M.,

April 28d, 1H()7, until 4 o'clock p. M., the same day. This while en route from Fort Harker, Kansas, to F<u"t Kiley, Kansas.

CHAIKJE 2d—I)is(>hf'<iie)}c<' of ordcm.

Sijecijication.—In this, that he, Private Thomas Mackay, Co. F, 3d U. S. Infantry, did, when ordered by ('aptain and Brevet Major John H. Paj^e, his com])any commander, to leave a whiskey Ran(;he and join his company, fail to obey the said order. This on the 28d of April, lH(i7, while en route fi-om Fort Har- ker, Kansas, to Fort Kiley, Kansas.

PLEA.

To the specification Ist charge, Guilty, except the words "on or about 7 o'chick."

To the 1st charge, Gvilfy. To the specification 2d charge Not Guilty. To the 2d charge Not Guilty.

FIXDINO.

Of the speciMcation 1st charge, Guilty, except the words "on or about 7 o'clock A. >[."

Of the 1st charge, Guilty. Of the specification 2d ciharge, Guilty. Of the 2d charge Guilty.

SENTENCE.

"To be confined at hard labor in charge of the guard, at the

■amt m.JSmammtm ■****wici(£^:

post or station of bis company, for a period of (>() days, and to wear a 24. lb ball attacthed by a cliain to his left le<^, ^mtil the cxpii'ation of ^;cntence.'"

4th.—Seth Blacknmn, Priâte Co. I, -Itli V. S. Artillery, on the followinj^- charjiê and specitieation:

C'H.îtoii—Vescrfion. S/jeciJicutioii.—In this, that he, Private Hetli Blacknian, Co.

I, 4th IT. S. Artillery, a duly eidisted soldier in the service of the United States, did absent himself from, and desert said service at Fort Delaware, Del., on or about the 15th day of Febriiary, 18(57, and did remain absent nntil apprehended ul Fort Ijeavenv>-orth, Kansas, on or :ibout tlie 10th day of May, 18()7. Thirty dollars paid tor appr(;hension.

PI.E.\.

To the specification, (luillij, except the words "'until apprehended."

To the charo-e, IliiilUj. riNPiN(i.

Of the specitieation, (iiiilhj, except the v»-ords "until a}>pr(diended."

Of the charge, Gailtt/. SENTENCK.

"To be confined in charge of a jûard, and at such place as the Major General Commanding may dire(rt, for the period of six months, and to wear a 24 lb ball attached l)y a chain five feet long to his left leg for the same period, and to forfeit to the United States all pay now due, and ten dollars ($10) of his nKmthly pay that may become due, imtil expiration of sentence.

r)th.—Jacob Muh(;h, Private Co. F, 8d U. S. Infantry, ou the following charge and sjiecitications:

CHARGE—Neglect (ifdu/i/, fo fJie prejndii-e of (jood order and military discipline. Specification Int.—In this, that he, the said Private Jucul)

MuUch, Co. F, M Infantry, a duly posted sentinel, did, in vi()- lation of orders, while guarding prisoners at work at the Otii- cers' mess-house, allow and permit Private Boyd, Co. F, 3d In- fantry, a prisoner in his charge, to go into the said mess-houHe out of his watch and sight, thereby giving him an opportunity to escape. This at Fort Leaveiiworth, Kansas, on or about the 11th of June, 18(57.

>0J

Speciji'-ation 'id.—In this, thut lie, the said Private Jacol) Mulich, Co. F, 8d Infantry, a rejûlarly posted sentinel, did, in violation of ordtn-.s, })erniit a prisoner in his char<>'e, Private Boyd, Co. F, ;^d Infantrv, to become intoxicated, and did re- tnrn liini in that condition to the f>-uard-house. This at Fort Leaveuwortli, Kansas, on or about the lltli day of June, 18(J7.

l'LK.\.

To the 1st s])eciticHtion, AW (JKI/II/.

To the 'Id specification Ao/ (rui//i/. To the charfê, \'<)f Giiiltij.

l'JM)lN(i.

Of the 1st s])ecification Nul (hiiltii. Of the 2d sjiecitication Nol Guilty. Of the char^'e, Not Gui/ti/.

And the Court does therefore acquit him, the said Jacob

Mnlich, Private Co. F. 8d V. S. Infantry.

(ith.—Jaines Johnson, Serg'eant C'o. F, 8d U. S. Infantry, on the following charcfe and Hpeciticatit)n:

CHARGE—Neglect of dutij, to the i>r<'jti«1ic(' nf (jotxl orih'r mid military dm-iphne.

Specification.—In this, that he, Herg'eant James Johnson, Co. F, 8d U. S. Infantry, being the Police Sergeant of the Post, and having charge of the pris!)ners employed on police duty, did send or permit two prisoners, viz: Privates Albert H. Jack- sou and John Tochie, Co. F. 3d U. rf. Infantry, in confinement for desertion, to be sent to the Hospital to cut wood, under charge of a single sentinel, and without tli ^ supervision of himself or the police Corporal under him, by which neglect of duty the said two prisoners were enabled to escape from custody, and did escape and desert the seiwice of the United States. This on or about the 3d day of June, 18G7.

PLE.\.

To the 8peciti(âtion, Not Guilty. To the charge, Not Guilty.

FINDING.

Of the specification, Not GuUty. Of the charge, Not Guilty.

And the Court does therefore acquit him, the said Jaines

Johnson, Sergeant of Co. F, 3d U. S. Infantrv.

rvmamfww

,#..! [6]

II... . The pi-oceedmgs and findings in the foregoing cases of Privates Michael McGuire, Alexander Boyd and Thomas Mackav, Co. F, ;U1 U. S. Infantry, are approved. So much of the .sentences in these cases as imposes the wearing of a ball and chain, being in c()ntraventit)n of the provisions of General Orders Xo. I, (urvent series, AVar Department, A. G. 0., is (.[isapproved. The rt niainder of their sentences will be duly t xecnted.

in the case of Private Seth Blackman, Co. I, 4th U. S. Ax- tillery, the proceedings and findings are approved. So much of ilu sentence as imposes the wearing of a baU and chain, is ilisapproved. Tlie remainder of the sentence wiU be executed as follows: to be ccmtined in charge of the guard for the period of six nn)nths; to forfeit to the United States all pay now due, and ten dollars ]jer month of his pay for the period of six months.

In the cases of Sergeant James Johnson and Private Jacob iNIulich, Co. P, 8d U. S. Infantry, the proceedings and findings uie approved. They will be released from confinement and returned to duty.

III. . . The General Court Martial of which Brevet Major John H. Page, Captain 3d U. S. Infantry, is President, is hereby dissolved.



u

OFFICIAL:

/^.^(l^ajL..^-^f^^> ^^^


G. C. M.

■d.

..

Eil^-ar xALiloy, Private Co. H, M U. S. Infantry.

Thomas Barrett, Private Co. H, M U. S. Infantry.

Charles Stratton, Private Co. H, Hd U. S. Infantry.

Seth J. Crosby, Private Co. H, 3d U. S. Infantry!

Edward Dillon, Serj^eant Co. K, 87th U. S. Infantry,

HEADQUARTERS DEPARTMENT OF THE MISSOURI, FouT LEAVENWOUTH, KANSAS, Jnly 1. 18(57.

(TEXEUAL OKDERS, ) No. 105. j

I... Before a General Court Martial Avliich convened at

Fort Dodge, Kansas, May IGih, 1867, pursuant to Special Or-

ders No. 99, Paragraph 6, current ceries, fi-om these Head-

quarters, and of which Major HEXNRY DOUCILASS. :?(1 T' S. In-

fantry, is President, were arraigned and tried:

1st.—Edgar Maloy, Private Co. H, 3d U. S. Infantry, on the following charge and specification:

CHARGE—Desertion.

Specifiration-ln this, that he, Edgar Maloy, Private Co. H, 3d I'. S. Infantry, a duly eidisted man in the service of the United states, did desert said service, and did remain absent until ajiprehended at Fort Leavenworth, Kansas, on or about the 15th day of February, 18(57. All this at Fort Harker. Kansas, on or about the 7th dav of Feljruary, 18(J7.

I

f

>JI^ .'.I

^

i

L2J

PLEA.

To the speeiticatioi], _ Not GuiUij. To the charge " Not Gullfii.

riXDIXG.

Of the specification, Gailttj. Of the charge, (juitty.

SEXTKNCE.

''And the Court does therefore Heuteuce him, Priv ale Edgar Malo}', Co. H, 3d U. S. Infantry, to be confined at hard labor under charge of the guard for six months, and lo forfeit to the United States all pay and allowances now die, and which may become due during the period of his confinement, except the just dues of the laundress."

'2d.—Thomas Barrett, Private Co. H, lid X". S. Infjintry, on the following charge and specification:

CHARGE—Desertion.

Specification.—In this, that he, Thomas Barrett, Private Co. H, 3d U. S. Infantry, a duly enlisted man in the service of the United States, did desert said service, and did remiiin absent until apprehended at Fort Leavenworth, Kansas, on or about the loth day of February, 18()7. All this at Fort Harker, Kansas, on or about the 7th day of February, liS()7.

PLEA.

To the specification, Not Giiiltij. To the charge, Not Giiitfij,

but guilty of absence without leave.

FixniNo.

Of the specification, Guilty. Ofthecharge Gullhi.

SENTENCE.

"And the Court does therefore sentence him Private Thomas Barrett, Co. H, 3d U. S. Infantry, to be confined at hard labor under charge of the giiard for six months, and to forfeit to the United States all pay and allowances now due, and which may become due during the period of his confinement, except the just dues of the launcb'ess."

u

l3j

od.—Charles Strutton, Private Co. H, '.Wi U. S. Infantry, on the foUowinj^- (•}iar<,'-e and specification:

CHARGE—Desertion.

Specijieafion.—In this, that he, Charles Stratton, Private Co. j H, M U. S. Infantry, a duly enliHted man in the service of th( flf United States, did desert said service, and did remain absent

until apprehended a:; Forr Leavenworrh, Kansas, on or abou1 the loth day of Fe'oruai'v, lHu7. All this at Fort Marker, Kansas, on or abont the 7th day of F< brnary, 18(!7.

PLICA.

To the specif]cation, Xof (iiiiltij. To the cha,r<>-e Not (ruilti/.

hut f^'uilty of absence without leave.

FINDINO.

Of the s])eciticati()n Gtii/ti/. Of the charo-e, Oui/f]/.

SENTENCE.

'Aiidthe Court does therefore sentence him. Private Charles

Stratton, Co. H, 8d U. S. Infantry, to be confined at hard labor

under char<)e of the g-uard for six months, and to forfeit to the

United States all i)ay and allowances now due, or which may

become due, during^ the j^eriod of his confinement, except the

just dues of tlu; laundress."

fth.—Seth J. Crosby, Private^ Co. H, 'M U. S. Infantry, on tlie following charge and specification:

CHAUOE—Desert Ion.

Xliir/ifiration.—In this, that he, Seth J. Crosby, Private Co. H, 8d U. S. Infantry, a duly eidisted man in the service of the United States, did desert said service, and did remain absent until a]>prehen(h^d at Fort Leavenworth, Kansas, on or about the 1.5th day of February, 1807. All this at Fort Barker, Kansas, on or about the' 7th day of February, 18(57.

PLEA.

To the specification, Not Gvilty. To the charge, Not GniJfi/,

Init guilty of absence without leave.

FINDING.

Of the specification Guilty. Of the charge, Guilty.

iv w

SENTEN<;:E.

"And the Court does therefore sentence him, Private 8eth

J. Crosby, Co. H. 3d U. S. Infantry, to be confined at hard

labor under charge of the giiard for six months, and to forfeit

all pay and allowances now due, and which may become dut

during the period of his confinement, except the just dues of

the laundress."

II. . . .The proceedings a^d findings, in the foregoing cases

of Privates Edgar Maioy, Thomas Barrett, Seth J. Crosby, and

Charles Stratton, Co. H, od U. S. Infantry, are approved, and

the sentences will be carried into effect.

III. . . .Before a Greneral Court Martial which convened at

Fort Larned, Kansas, May '2'id, 18G7, pursuant to Special

Orders No. 107, current series, from these Headquarters, and

oi which Brevet Major HENRY ASBHRY, Ca})tain Hd IT. S. Infantry.

is President, was arraigned and tried:

1st.—Sergeant Edward Dillon, Co. K, 37th U. S. Infantrv. on the the following charge and specification:

CH AKOE.—Denerf ion.

Specification.—In this, that Edward Dillon, Sergeant Co. K. 37th Infantry, a duly enlisted soldier in the service of the United States, did desert the said service at Fort Leavenworth, Kansas, on or ab(Hit the Kith day of March, 18(57, and did remain absent until apprehended at or near Wanitgo, Kansas, on or about the 19th day of March, 18G7. Thirty doUars ($30 paid for his apprehension. AH this at Fcni Leavenworth. Kansas, on or about the times and dates above specified.

PLEA.

To the specification, Not Guilhl- To the charge, Not Guilty-

FINDING.

Of the specification, GiiHtij- Of the charge, Ouilfy-

SENTENCE.

"To forfeit all pay and be reduced to the ranks; forfeit an(.

pay to the United States out of his future earnings, thirty dol-

lars ($30) per month, at the rate of ten dollars ($10) per

(I

1.0]

luoiitli, and to be coutiiied on bread and water diet for fourteen (14) days, and liard labor for one month."

IV. .. .The proceedings and lindings, in the foregoing ease of Sergeant Edward Dillon, Co. H, 37th U. S. Infantry, are approved. The sentence will be executed an follows: to be reduced to the ranks; to forfeit all pay now due, and ten dollars per month of his pay for three months; tt) solitary confinement on bread and water diet for fourteen days, and at the expiration of that time, to be confined under charge of the o'uard at hard labor for one month.


CHAUNCEY McKEEVER,

Ass'isfanf Adjutant General.

OFFICIAL:

('fijj/iiiii (Ilift AcliiKj '/uiff/f-A'Ic'xvfi:

I \<t^

i. 'fl i

lia!!12II!

G. C. M.

W. A. Pickens, Private Co. K, M U. S. Cavalry. Thomas Finn, Private Co. K, 8d TJ. S. Cavalry. John Carroll, Corpt)ral Co. B, 8(1 U. S. Cavalry. James Dowd, Private Co. C, 5th U. S. Infantry. Edward Barry, Private Co. C, 5th U. S. Infantry. John Na-^-le, Corporal Co. C, 5th U. S. Infantry.

II

HEADQUAETERS DEPARTMENT OF THE MISSOURI.

F()RT LEAVEXWOKTH, KANSAS, July (i, 18(!7.

GENERAL Orj)EKS, ) No. 10(1. f

I....Before a General Court Martial which convened at Fort Craig, N. M., May 15, 18(J7, pursuant to Special Orders No. 92, current series, fi-om these Headquarters, and of which Colonel WILLIAM R. GERHAKT, 125th U. S. Colored Troops, is President, were arraigned and tried:

l8t.—W. A. Pickens, Private Co. K, 3d U. S. Cavalry, on the following charge and specification:

CHARGE—Conduct to the prejudice of good order and Militan/ dis- i-ipUne. Specification.—In this, that Private W. A. Pickens, Co. K,

•M U. S. Cavalry, being acting Corporal of the guard, and in charge of the horses of Co. K, 3d U. S. Cavalry, on the night of March 9th, 18B7, did attempt to take a horse or horses of said Go. out of the "corral," without i)roper authority, and for improper purposes. This at Fort Selden, N. M., on\)r about the night of March 9, 18(57.

«,

£''M

m

To the specilication Not Guilty. To the charge, Guilty.

Of the specification, Guilty. Of the charge, Guilty,

SENTENCE.

"To be confined at Iiard labor for the period of ten days, and to forfeit to the United States five dollars of his monthly pay for one month."

2d.—Thomas Finn, Priyate Co. K, 8d IT. 8. Cay airy, on the follo^yirig charge and specification:

CH.VRGE—Violation (jf the 5i)th Article (tf War.

Specification.—^In this, that Private Thomas Finn, Co. K, 8d U. S. Cayalry, being a member of the posi:, gnard, did quit his: guard without proper authority, and remained absent from about 8 o'clock p. M., to about 11 o'clock v. M. This at Fort Selden, N. M., on o^- about the 8th of March, 1867.

To the specification, Guilty. To the chai-<>e Guilty.


SENTENCE.

"To one month's confinement, fourteen days to be sohtary on bread and water. The remainder of the time at hard labor under guard."

3d.—John Carroll, Co. B, 8d U. S. Cavaky, on the following charges and specifications:

CHARCTE 1st—(Jonduct prejudiciaJ to good order and military du- cipline.

Specification.—In this, that he, the said Corporal John Car- roll, Co. B, 3d U. S. Cavalry, did become drunk, and did behave in a disorderly and riotous manner, at or near the store of the Post Sutler.' This at Fort Craig, N. M., on or about the 27th day of February, 18G7.

[3] CHARGE 2d—Offering violence to an (l^ffirer.

Specification.—In this, that he, the said Corporal John Car roll, Co. B, 8d U. S. Cavalry, on bein^- ordered by the Officei of the Day, who was in the execution of his office, to desist from fifi;htin<i^ and {?o to the pfuard-honse, did resist, and used disrespectful langua<jfe to him, and did search his person appa- rently for a weapon, and did remark in a menacinj? tone and manner, "that he did not have his pistol with him." This at Fort Craig', N. M., on or about the 27th day of February, 18(57.

PLEA.

To the specification 1st cliarj^'e. Not Guilty. To the 1st charge, Not Guilty. To the s-pecitication 2d charge, Not Guiltv. To the 2d eharg^e Not Guilty,

FINDING.

Of the specification 1st charg'e Guilty. Of the 1st charge, Guilty. Of the specification 2d charge, Not Guilty. Of the 2d charge, Not Guilty.

SENTENCE.

"To be reduced to the ranks, and to be confined at hard labor under charge of the guard for the period of two (2) months, forfeiting to the United States ten (10) dollars of his monthly pay, per month, for the same period."

4th.—James Dowd, Private Co. C, oth U. S. Infantry, on the following charge.s and specifications:

CHARGE 1st—Drunkennp.-<>i to the prejudice of good order and militari/ discipline. Specification.^ln this, that he. Private James Dowd, of Co.

C, 5th Infantry, U. S. A., on the occasion of his Company being ordered out under ai-ms, was so much under the influence of Hquor as to be unable to perform his duty as a soldier. This at Fort Wiugate, N. M., on or about the 20th day of April, 1867.

CHARGE 2d—Neglect of duty. Specification.~In this, that Private James Dowd, of Co. C,

oth Infantry, U. S. A., on the occasion of his Company being ordered out under arms, did fail to turn out with his Company, and did remain absent therefrom without autlioritv. This at Fort Wiugate, N. M., on or about the 20th day of April, 1867.

. m

l>r>'j,i-

[4] CHARGE 8d—Violation of the dth Article of War.

Specification.—In this, that Private James Dowel, of Co. C. 5th Infantry U. S. A,, having been ordered by his superior Of- ticer. Captain E. Butler, r)th Infantry, U. S. A., his Companv and Post Commander, to go to the gnard-house quietly with the guard, did refuse to obey said order; did say that he would not obey said order; and did disobey said order. This at Fort AYingate, N. M., on or about the 20th day of April, 18(57.

CH.\RGE 4th—Mutinous and insul)ordinate conduct to the dice of good order and mditary discipline.

Specification 1st.—In this, that Private James Dowd, Co. C. 5th Infantry, U. S. A., having been ordered by his superior Officer, Captain E. Butler, 5th Infantry, U. S. A., and his Com- pany and Post Commander, to go to the guard-house, did refuse to obey said order, and did say: "I do refuse to obey;'' and did defy the guard to take him to the guard-house; did stand in a threatening attitude and say: "I want you all to keep away from me," or words to the same ofteet and meaning. This at Fort Wingate, N. M., on or about the "iOth dav of April, 1«()7.

Sperification '1<\.—In this, that Private James Dowd, of Co. C, 5th Infantry, U. S. A., did say to Sergeant John Bauer, of Co. C, 5th Infantry, U. S. A., who had been ordered to take said Dowd to the gUiU'd-house for confinement: "If you come near me I will kick you in the stomach," or words to the same eiiect and meaning, the said Sergeant Bauer being in the execution of his duty. This at Fort Wingate, N. M., on or about the 20th day of April, 18G7.

SpecifiL-ation 3d.—In this, that Private James Dowd, of Co." C, 5th Infantry, IT. S. A., did say to Sergeant Wm. Weidner, of Co. C, 5th Infantry, U. S. A., who had been ordered to take the said Dowd to the guard-house for confinement: "If you don't keep away I'll strike you," or words to the same intent and meaning, the said Sergeant Wm. Weidner being execution of his duty. This at Fort Wingate, N. M., about the 20th day of April, 18G7.

Specification 4th—In this, that Private James Dowd, of Co. C, 5th Infantry, U. S. A., did kick Corporal Ferdinand Ste- phens, of Co. L, 3d Cavalry, U. S. A., Corporal of the garrison guard, while he Corporal Stephens in the execution of his duty as Corporal of the guard proceeded to lay hold of said Dowd for the purpose of placing him in conhnement, and did call the said Corporal Stephens, of Co. L, 3d Cavah-y, U. S. A.,

in the on or

(•

„

'a son

[■5j

of a bitch." This at Fort AVinpite, N. M., on or about tht 20th day of April, 18(57.

PLEA.

To the speeiticatioii Int cliar^e, ■ ■ Guilty. To the 1st charge, Guilty.

ill To the specitieation '2d charge, Guilty. To the 2(1 charge, • • • • Guilty. To the specification 3d charge, Not Guilty. To the 3d charge, Not Guilty. To the Ist Hi:)ecitication 4th charge, Not Giiilt}-. To th« 2d specification 4:th charge, Not Guilty. To the 3d specification 4th chai'ge, Not Guilty. To the 4th specification 4th charge, Not Giiilty. To the 4th charge, ISot Guilty

FINDING.

Of the specification 1st charge, confirms the 2)lea of the prisoner and finds him Guilt}'.

Of the 1st charge confirms the plea of the prisoner and find^ him Guilty.

Of the speciMcation 2d charge confirms the plea of the prisoner and finds nim Guilty.

Of the 2d charge confirms the plea of the prisoner and finds him Guilty.

Of the specification 3d charge, Guilty. Of the 3d charge, Guilty. Of the 1st specification 4th charge, Guilty. Of the 2d specification 4th charge, Guilty. Of the 3d specification 4th charge, Guilty. Of the 4th .specification 4th cLarge, Not Guilty,

except the words "did call Corporal Stephens 'a son of a bitch.' "

Of the 4tli charge, Guilty. SENTKNCE.

"To .six (6) months confinement, the first fourteen (14) days of each of the first three (3) months solitary and on bread and water, and to be kept at hard labor during the remainder of his term of confinement, and to forfeit to the United States ten dollars ($10) of his monthly pay for six (0) months.

5th.—Edward Barry, Priyate Co. C, 5th U. S. Infantry, on the following charges and specifications: CHARGE 1st—Mutinoui^ and imnibordinate conduct to the preju-

dice of good order and military discipline.

V

Specification.—In this, that Pi'ivate EJwaril Barry, of Co. C, ^♦h Infantry, U. S. A., did aid and abet said Private James Dowd, of Co. C, 5tn Infantry, U. S. A., in resistance to the garrison giiard and liis military superiors, did rush out oi the prison room, (he being then a prisoner in <har«>e of the guard,) and did say to the non-commissioned ofllcer and privates of the garrison guard, "who of you fellows hit Jimmy Dowd? I'll lick him!" or words to the same effect and purpose—did refuse to go into the prison room; did challenge, threaten and rush in a furious manner at the members of the guard and the non-commissioned otficers of Co. C, 5th Infantry, who had taken the aforesaid pi-ivate Dowd, of Co. C, 5th Infantry, to the guard-house, and was only withheld from doing tliem bodily injury by being seized and carried by main force into the prison rooni. This at Fort Wingate, N.M., on or about the 'iOth day of April, 1867.

CHARGE 2d—DrKnkcnncs.^ on duty. Specifwation.—In this, that Private Edward Barry, of Co. C,

5th Infantry, U. S. A., being on extra duty as teamster in the Quartermaster's Department, did bc(H>mo so much under the influence of liquor us to be unable to perform properly his duty as a soldier on extra duty. This at Forr Wingate, N. M., on or about the 20th day of April, IHOT.

PLEA.

To the specitication 1st charge, Not Guilty. To the 1st charge, Not Guilty. To the spe<^itication 2d charge, Guilty. To the 2d charge, Guilty.

FINDING.

Of the specitication 1st charge, Guilty. Of the 1st charge, Guilty. Of the specification 2d charge, confirms the plea of the prisoner

and finds him Guilty. Of the 2d charge, confirms the plea of the prisoner and finds

him Guilty.

SENTENCE.

"To six months' confinement, the first fourteen days of each of the first three months solitary, and on bread and water, and to be kept at hard labor during the remainder of his term of confinement, and to forfeit to the United States ten dollars ($10) of his monthly pay for six months.

L7J

(ttli.—John Xagle, Corporal Co. C, 5th U. S. Iiifftntry, on the f()llt)win<>' charge and specification:

CHARGE —Dlsohediem-e of orders. Spevificatioii.—-In this, that he, Corporal John Nagle, of Co.

C, 5th U. S. Infantry, being Corporal of the garrison guard at Fort Wingate, N. M., on or about the 14th day of April, 18()7, and having been ordered to allow no one to enter a certain room in the guard-house (where two Navajo women were staying ) except the Commanding Officer, he, the naid John Nagle, Corporal of Co. C, oth Infantry, U. 8. A., did enter said room between the hours of 12 and 1 o'clock at night, in company with the Sergeant ot the guard. All this at Fort Win- ,L,'ate, N. M., on or about the llth day of April, 1867.

Hf.KA.

To the specdlication, Cxuilty. To the charge Guilty.

FINDINfi.

Of the speciticaticn to the charge, ccmtirms the plea of the prisoner and finds him Guilty, but attach no criminality thereto.

Of the charge, confirms the plea of the prisoner and finds him Guilty.

bnt attach no criminality thereto.

And the Court does thei-efore acquit him, the said Corporal John Nagle, of Co. C, 5th Infantry, U. S. A.

II. . . .The proceedings and findings in the foregoing cases of Corporal John Carroll, Co. B, Privates Thomas Finn jind W. A. Pickens, Co. K, 8d U. S. Cavalry, are approved, and their sentences will be duly executed.

In the case of Private James Dowd, Co. C, 5th U. S. Infanti-y, the proceedings, findings and sentence, are disapproved. The Record does not show that the Court and Judge Advocate were "duly sworn," "in the presence of the accused," which are held to be defects fatal to the validity of the sentence. The' prisoner thus escapes a most merited punishment, through carelessness and negUgence in making up the Kecord. He will be released from confinement and returned to duty.

In the case of Private Edward Barry, Co. C, 5th U. S. In- fantry, the evidence upon the first charge and specification

W!

[81 shows that the i)ris()ner was placed in contiuemeut for drunkenness, and that while in the gnard-house was very noisy and boisteroiis. No mntinons conduct whatever is shown. The findings npon the first charge and specification are therefore disapproved. On the second charge and specification the proceedings and findings are approved. The sentence is mitigated to confinement at hard labor under charge of the guard for the period of four months.

The proceedings and findings in the case of Corporal John Nagle, Co. C, 5th U. S. Infantry, are disapproved. To find the prisoner guilty of the specification, attaching no criminality thereto, and gviilty of the charge, is irregular, as nothing remains to sixstain the charge.

The prisoner will be released from confinement and returned to duty.


CHAUNCEY McKEEVEU,

Ax.-<i.<fan( Adjutant General

OFFICIAL :

Captain and Artin(/ .Jndiii'-Adrncali

G. C. M.

1. "Williiun Latohfonl. Sergeiuit Co. L, 3cl U. B. Cavalry. 2. Charles Voss. Private Co. L, 3d U. S. Cavalry. 3. John Kelly, Artilicer Co. C, 5tli U. S. Iiifaiiti-y. 4. Charles W. Guise. Private Co. C, 5th U. S. Infantry. .1 .Tohn W. Phelps, Private Co. L, M V. S. Cavalry.

HEADQUARTERS DEPARTMENT OF THE MISSOURI, FORT LEAVENWOETH, K.^X.SAS, -Inly 0, 1867.

(JENEK.iL OKDEKS, i

No. 1(17. j

I Before a General Court Martial which convened at Fort Craig, N, yi., May 15, 1867, i^ursnant to Special Orders No. 92, current series, from these Headquarters, and of which Colonel WILLIAM R. GERHART, 125th U. S. Colored Troops, is President, were aiTaigned and tried:

1st.—William Latchford, Sergeant Co. L, 3d U. S. CMV:I1IV OU the fol- lowint,' charges and specifications:

CH.U{GE 1st—Disobtdlence <>for(hi.s.

Specification.—In this, that he, Sergeant William Latchford, of Co. L, 3d U. S. Cavalry, being Sergeant in charge of the garrison guard at Fort Win- Sate, on or about the 14th day of April, 1867, having received positive orders from the Officer of the Day to allow no one to enter a certain room in the gnard-house (where two Navajo women were staying) except the Com- manilinr,' Officer, he the said William Latchford, Sergeant of Company L, 3cl U. S. Cavalry, did enter said room between the hours of 12 and 1 o'clock at night, taking'with him the Cori^oral of the guard. All this at Fort Win- gate, N. M., on or about the 14th day of April, 18()7.

CHAEGE 2d—Xegleci of duty. ^Specification.—In this, that he, William Latchford, Sergeant of Co. L, 3d

U. S. Cavalry, being in charge of the garrison guard at Fort Wingate, N. M., on or about the 14th day of April, 1867, did allow the sentinel posted on post No. 1 in front of the guard-house, to remain in the sally-port, thereby endangering the safety of the garrison. AU this at Fort Wingate, N. M., on or about the 14th day of April, 1867.

PLEA.

To the specification 1st charge, Not OuUty. To the 1st charge, Not GuUiy. io the specification 2d charge, Not Gkdlty. lo the 2d charge, Not Guilty.

[2]

FINDING.

Of the ispeciticiition 1st charge, >huUu. but attach no criminality thereto.

Of the 1st charge, Gnllhi. but attach no criminality thereto.

Of the specification "id charge, Xo< G-a'dty. Of the 2cl charge, Xot Guilty.

And the Court does therefore acquit him. Sergeant William Latcliford Co. L, 3d U. S. Cavalry.

2d.—Charles Voss, Private Co. L, 3d U. S. Cavalry, on the follo\vin<; charge and specificatiou:

CHAEGE—Disobedience of orders. Specificuiloii.—In this, that Priviite Charles Voss, of Co. L, 3d Cavaliy.

U. S. A., a member of the garrison guard, did when ordered by the Ser- geant of the guard to fall in with relief for the purpose of being posted as a sentinel, positivelv refuse to obev said order. This at Fort Wingate. N. M.. on or aljout the'4th day of April 18f.7.

PLEA.

To the specification, Xot Uuilty. To the charge, Xot Guilty.

FrNDING.

Of the Specitieatiou, Xot Guilti/ of refusing to fall in with the relief to be posted as a sentinel, but guilty of refusing to be posted as a sentinel.

Of the charge Gniitij.

SENTENCE.

"To be confined at hard labor under charge of the guard for four (4) months, forfeiting to the United States fifteen (15) dollars of his monthly pay per month, for the same period.

3d.—John Kelly, Artificer Co. C, 5th U. S. Infantry, on the follo%nnj.' charge and specification:

CHARGE—Conduct to the prejudice of (jood order d/ul militarij discipline.

Specification-In this, that Artificer John Kelly, of Co. C, 5th Infantry, U. S. A.. a prisoner in charge of the guard, did aid and abet Private James Dowd. of Co. C, 5th Infantry, U. S. A., in resistance to the garrison guard and tn non commissioned officers of Co. C, 5th Infantry, U. S. A., who were ordered to arrest said Dowd, and did say "if any of you sons of bitches touch Dowd I'll cut your hearts out," or words to the same intent and meaning. This at Fort Wingate, N. M.. on or about the 20th day of April, 1867.

PLEA.

To the specification, Xot Oudty. To the charge, Xot Guilty-

FINDING.

Of the specification, : Xot Guilty. Of the charge, Xot Guilty-

And the Court does therefore acquit him, the said Artificer John Kelly,

of Co. C, 5th Infantrj', U. S. A.

<•

[••5]

4tii,—CharltJs W. Guise, CJo. C, 5th U. S. Inliaitry. on tlu' tollowiuj.' thiirges and specifications:

CHAEOE 1st—Drunkenness fo the prejudice nf (/cxxl order <iud military diseiyllm-.

SpeciJicatio)i.—In this, that Private Charles W. Guise, of Co. C, 5th In- l'antn% U- S. A., on the occasion of his company beinf( ordered out under arms,' was so much under the influence of liquor as to be \inable to perfornj properly his duty as a soldier. This at Fort Wingate, N. M.. on or a])out the 20tli day of April, 1807.

CHARGE 2d—MatirKnts and iiisubordiimte ronduct.

Specificulion 1st.—In this, that Private Charles W. Guise, of Co. C, oth Infantry, U. S. A., did oflfer violence to, and did resist Corporal Ferdinand Stephens, of Co. L, 3d U. S. Cavahy, when he Corporal Stephens, being Corporal of the garrison guard, went to arrest and confine the said Guist for drunkenness, and did say to the aforesaid Corporal Ferdinand Stephens, of Co. L, 3d Cavalry, U. S. A., and Coqioral of the guard, "you have no business to arrest me you damned son of bitch," or words to the same intent and meaning, and did further say that ho (Guise) would cut his (Cor- poral Stej)hens') guts out. or words to the same intent and jjurpose. This at Fort "Wingate, N. M., on or about the •2()th day of Ai)ril, 1867.

Specification 2d.—In this, that Private Charles W. Guise, of Co. C, 5th Infantry, U. S. A., did resist the members of the giurison guard sent to arrest and confine him; did use violence towards them, and did threaten to strike them, and to '"cut their guts out," or words and menaces to the same intent and pui"pose. This at Fort Wingate, N. M., on or about the 2()tli day of April, 18()7.

PLE.\.

To the specification 1st charge, Giiilti/. To the 1st charge, Guilty. To the 1st specification 2d charge, N(d Guilty. To the 2(1 specification 2d charge, Not Guilty. To the 2d charge Not Guilty.

FINDING.

Of the specification of the 1st charge, confirms the plea of the jirisoner and finds him Guilty.

Of the 1st charge confiiins the plea of the prisoner and finds him... Guilty. Of the 1st specification of the 2d charge, ^ Guilty.

excepting the words "and did further say that he (Guise) would cut his (Corporal Stephens') guts out," or words to the same intent and purpose.

Of the 2d specification of the 2d charge, Guilty. except the words "and to cut their guts out."


SENTENCE.

"To be confined under charge of the guard for the period of six mouths. tourteen (14) days of each month solitary, on bread and water diet, and the remaining time to be kept at hard labor, and to forfeit to the United States. ten doUars ($10) per month of his monthly pay for the period of his confinement. "

5th.-John W. Phelps, Private Co. L. 3d T'. S. Cavalrv, on the followin- ^■fiarges am■ specifications:

[4]

CHARGE 1st—r;.</«^;((/i nf ilie-OMh Artirk of War.

Spri-lni-'dhm. — In this, that he. Private John "W. Pht-lps, of Co. L, 3(1 U- S. Cavahy, being.a member of the garrison gnard. duly detailed and mounted, and a sentinel on post in the Quartermaster's and Cavalry corral, did (luit said post without having been regularly relieved. This at Fort Wingate. N. M., on or al)out the Ifith day of April, 1S67.

CHARGE 2i\—Deser(io,i.

Specltir(dion.—In this, that he, Private John "\V. Phelps, of Co. L, ;Jd U. S. Cavalry, having been duly enlisted in the service of the United States, did absent himself from, and did desert the said service by quitting his companv and post, and did remain absent therefrom irntil arrested bv Ser- geant Mathew McCarthy, of Co. L, 3d V. K. Cavalry, at El Rito. N. M.. on or about the 1.7th day of April, 18()7. This at Fort Wingate. N. M., on or about the 16th day of Apnl, 1807.

CHARCiE 3d—Condiu't to tlie prejiidice (if 'jood order xnd urUfriry disriplhie.

Specification 1st.—In this, that he, Private John W. Phelps, of Co. L. 3d U. S. Cavalry, did felonioirsly steal, take and carry away, one (1) Govern- ment saddle, of the value of Si7,72, for which Captain James R. Kenible, 3d Cavalrv, U. S. A., is responsible. This at Fort Wingate, X. M., on or aboirt the'lGth day of April, 18G7.

Specification 2d.—In this, that he, Private John W. Phelps, of Co. L, 3d U. S. Cavalry, being a sentinel in charge of the Quartermaster's and Cav- alry corral, did feloniously steal, take and carry iiway one (1) horse the property of the United States, and for which Captain James R. Kemble. 3d U. S. Cavalry, is responsible, with intent to appropriate the same to liis own use and benefit. This at Fort Wingate, N. M., on or about the 16tli day of April, 1867.

Specification 3d.—In this, that he. Private John W. Phelps, of Co. L, 3d U. S. Cavalry, did feloniously steal, take and carry away, three (3) Reming- ton revohing pistols, the property of the United States, and of the value of ($50) each, and for which Captain James R. Kemble, 3d U. S. CavalrA, is responsible, with intent to appropriate the same tt) his own use and benefit. This at Fort Wingate, N. M., on or about the 16th day of April, 1867.

Specification 4th.—In this, that he. Private John W. Phelps, of Co. L, 3d U. S. Cavalry, did fiploniously steal, take and carry away, one Govern- ment bridle of the value of §4,46; one Government head halter of the value of $1,90; one Government blanket, (Cavalry blue) of the value of SS, and for which Captain James R. Kemble, 3d U. S. Cavalry, is responsible, with intent to appropriate the same to his own use and benefit. This at Fort Wingate, X. M., on or about the 16th day of April, 1867.

PLEA.

To the specification 1st charge, ijiullij- To the 1st charge, ■ • ■ '^'^'IjH- To the specification 2d charge, -Voi Guilty- To the 2d charge, ôt Guil^- To the 1st specification 3d charge, ôt Guilty- To the 2d specification 3d charge, ., ûillf To the 3d specification 3d charge, .■^. . .T.:. . - Soi GuUty- To the 4th specification 3d charge, ôi Guitty- To the 3d charge, ^"' ^""* ■

[5]

FINDING.

Of the specification 1st charge, coutiims the plea of the prisoner and linds him Guilty.

Of the 1st charge confirms the plea of the prisoner and finds hhn .Guilty. Of the specification 2d charge, G^iilt'y,

excei)t the words, ' 'and desert the said service." Of the 2d charge, Xot Guilty

of desertion, but guilty of absence withoiit leave. Of the 1st specification 3d charge Guilty,

except substitute the words, Frank H. Wilson, instead of "James K. Kemble."

Of the 2d specification 3d charge, confirms the plea of the prisoner and tiuds him Guilty.

Of the 3d specification 3d charge, Guilty, except substitute the words, two (2) Eemington revolving pistols instead of three (3) Kemingtou revolving pistols.

Of the 4th specification 3d charge, Guilty, except substitute the words, one private bridle, instead of one Govern- ment bridle of the value of S4,46, and except the words one (rovernment head halter, of the value of SI, 90, and substitute one Government blanket for which Captain Frank H. Wilson, 3d I'. S. Cavalry, is responsible, instead of one Government blanket (Cavalry blue) of the value of S3, and for which Captain James R. Kemble, 3d IT. 8. Cavalry, is responsible.

Of the 4th charge, (hdlty.

SENTENCE.

••To be confined at hard labor in charge of the guard for the i^eriod of six (6) months; to forfeit to the United States ten dollars (SIO) of his monthly pay per month for the same period, and at the expiration of which to be dishonorably discharged the service of the United States."

II The proceedings in the foregoing cases of Sergeant William Latchford, Co. L, 3d U. S. Cavalry, Privates Charles Voss, Co. L, 3d U. S. Cavahy, Charles W. Guise, and Artificer John Kelly, Co. C, 5th U. S. In- fantr}', are disapproved.

The Record does not show that the Court and Judge Advocate Avere ■\hilf sworn, which is fatal to the validity of the sentences. The prisoners will be released from confinement and restored to duty.

In the case of Private John W. Phelps. Co. L, 3d U. S. Cavalry, the pro- t'eechugs and findings are approved, and the sentence will be duly executed.

Ill The General Court Martial of which Colonel Williiun R. Gerhart, 125th U. S. Colored Troops, is President, is hereby dissolved.

By command of MAJOR GENEE.YL HANCOCK:


OFFICLV;

Capiaiyi ami Arfmn .T ■■]'!, Adrnealc I

mi

t MM

"iTIia

G. C. M.

1. Saiimol Hay^ood, Privatf Co. A, lOth I'. S. Cavulrv. ■2. Williiuu Ciuttr, Private Co. A, lOtli I'. S. Cavaln. H. Samuel Ricks. Privatf Co. B, 38tli U. S. Infantrv.

HEADQUAKTEKS DEPARTMENT OF THE MISSOIRI. FouT LEAVENWOKTH, KANSAS. .Tnlv Id. ]K(i7.

CTEN'ERAI. (J1!])K1!S.

No. lOil.

.

I... Before a (xeneral Court Martial wliicli convtiitd at Fort Lariud. Kansas, May 28, 18()7, imi-suiUit to Special Orders No. 107, cun-ent series, from these Headquarters, and of which Brevet Major HKNitv .\SBTI!V. Citji- tiiiu .3(1 Iiifantrj-, is President, wei'e airaigned and tiied:

1st.—Samuel Haygood, Private Co. A. 10th T-. S. Cavalry, on tin- follow- ing charge and specilication:

CHARGE—fhmhirf fn the prejmUce ()f (/oixl m-iler ii»i<l mUilnry (liscipliin. Spfcification.—ln this, that he. Private Samuel Haygood. Co. A. lOth 1 .

S. Cavahy, did steal one (1) Spencer Carbine the property of the United States, and did disjjose of tlu^ .same to a citizen for the sum of five dollars ($5.) This at Fort Larncd. Kansas, on or about the l.'lth dav of Mav. lHfi7. if ¥

Tu the specification, To the charge \ol (hdlfi/.

L2j FINDING.

Of the specification, (ruiliy. Of the charge, GuUiy.

SENTENCE.

•To forfeit to the United States one hiindred dollars ($100) of his pay, (ten dollars ($10) per mouth for ten (10) months,) and to be confined on bread and water diet for fo\irteen (14) days, and carry a log of wood weighing thirty (30) pounds, in charge of the guard for thirty (30) days, from reveille to retreat, allowing thirty minutes for each meal."

•2d.—William Carter, Private Co. A, 10th U. H. Cavalry, on the following I'liarge and specification:

CHARGE—Conditct to tite prejudice of good order and military discipline. Specification.—In this, that he, Private William Carter, Co. A., 10th U. S.

Cavalry, being a member of the guard and duly posted as a sentinel, did sleep on post. This near Fort Lamed, Kansas, on or about the l'2th di\v of May, 1867.

PLEA.

To the specification, ]^ot Guilty. To the charge, Not Guilty.

FINDING.


SENTENCE.

••To be confined in charge of the guard for four (4) months; the first fourteen days of each month to be confined on bread and water chet, and the last ten (10) days in each month to carrj- a log of wood weighing thirty pounds, from reveille to retreat, with an intermission of one (1) hmirfor breakfast and dinner, and to forfeit to the United States ten dollars ($10) of his monthly pay for six (6) months."

II The proceedings and findings, in the foregoing case of Private Samuel Haygood, Co. A, 10th U. S. Cavalry, are approved. The sentence is mitigated as follows: To forfeit to the United States ten doUars ($10) of his monthly pay for six months, and to be confined at hard labor in charge of the guard tor thirty days. The stoppage of pay for one Spencer Carbine ($100) will be charged on the muster and pay rolls against the prisoner, in compliance with General Orders No. 19, current series, War Department, A. G. 0. The sentence as mitigated will be duly executed.

In tho case of Private William Carter, Co. A, 10th U. S. Cavalry, the proceedings and findings are approved. The sentence is mitigated us follows: To be confined in charge of the guard for four months, the first fouiteen days of each month to be solitary, on bread and water diet, and the remainder of the time at hard labor, and to forfeit to the United States ten dollars of his monthly pay for the period of four months.

in The General Court Martial of which Brevet Major Henry As- bury. Captain 3d U. S. Infantry, is President, is hereby dissolved.

•

.

L3] IV Before a General Court Martial which convened at Fort Barker,

Kansas, June 14, 1867, pursuant to Sj^ecial Orders No. 127, cuiTent series, from these Headquarters, and of which Brevet Lieut. Col. Y. K. Hart, Cap- tain 37th Infantry, is President, was tried:

1st.—Samuel Ricks, Private Co. B, 38th U. S. Infantry, on the following i'harn;e and specification:

CHARGE— Slft^pitiij on Fast. Sj)eeiji<yttii»i.-'Ill this, that he. Private Samuel Ricks, of Go. B, 38th In-

fantry,'having been duly posted as a sentinel, was found asleep between the hours of 12 at midnight and 5 A. M., when visited by the Officer of the Day. This at Fort Harker, Kansas, on or about the31st day of May, 1867.

PLE.\.

To the specification.. (ruilty. To the charge Guilty.

FINDIXG.

The Court confirm.s the pk-a of the prisoner and finds him Guilty.

SEXTENCE.

•To be confined in charge of the guard for the period of one month, carrying a log weighing fifty pounds, from reveille until retreat, during the same period, for one hour at a time, resting fifteen minutes; and to forfeit to the United States ten dollars (SIO) of his monthly pay for three months."

V The proceedings and findings, in the foregoing case of Private Samuel Ricks. Co. B, 38th U. S. Infantry, are approved. The sentence is mitigated as follows: To be confined in charge of the guard for the period of thirty days, can-j-ing a log weighing tliirty pounds, from reveille until retreat, for one hour at a time, allowing fifteen minutes between each hour for rest: and to forfeit to the United States ten dollars of his monthly pay for the period of three months.

VI The General Court Martial of whicu Brevet Lieut. CoL V. K. Hart, Captain 37th U. S. Infantry, is President, is hereby dissolved.

By conmiand of M.UOK GENEKAL HANCOCK:

CHAUNCEY McKEEYER. Assi.'ifant Adjidant General.

OFFICI.U.

I'aptaiH and Adimj Juihjf-Advocate.

G. C. M.

1, Etlin.)ii(l (i. AV'illiaun, 8.'ij<c\int Co. C, otli V. S. Intiintry ■>. John MuConut'll. Privivto Co. K, 5th V. 8. lufaiitry. S. .Jiuiies Hackey. Private Co. H, 3(1 U. S. Cavalry. L Charles W. White, Private Co. H, 3(1 U. S. Cavalry. :,, .John li<K-k, Sergeant Co, H, 3d U. 8. Cavalry.

HK.Vl)QrARTE]{S DP^PAKTMENT OF THE MISSOCKl. FOI;T L?:\VK\\VOKTH, KANSAS .Tuly 12. IS'M

(lENKIiAI. OUflKIIS, I

X( 110.

1 . . Bffort'a (Tcnt'rnl Ciiiut Martial which cituM-iU'd at .Mhiujiit i(jiie, X. M.. March 27. 18(17, pnrsuaiit to Sj>icial Orders No. ;>1, cnneiit series, limu these Hcidquarters, and of which Brevi't Brigadier (General Christo- pher (.'arson. Licnteiiant (^olonel Battalion N'CM Mexico ^"ol^nte(•rs. is

Presideul, were arraigned and tried: 1st.—Ediuond (i. Williams. Sergeant Co. C. -"itli V. S. Infantry, on tlie

t'dnowintr charges and specifications:

C'H.VRdE 1st -DDUiheiDUSS nil iliillj in linlidioii (if llif ■i'ttli Alliclv iif War.

Spenfiralioi).—In this, that Sergeant Edniond O. Wdlianis, of Co. C. ;">th Mmtry, U. S. A., being Sergeant of the gnard, duly niomited, did becoini' so imuh under the intiuence of liquor as to be unable to perfonn his duties imijierlv. This at Fort Wingate, N. M.. on or about the 7tli davof Marcli. 181)7.

C'H.iKliE 2(1 —( ninliirf prejialidul ia (/nnil (irihr Hull iililitfirij iHnripHnc.

Specificfdin)!.—In thi.s, that Sergeant Ediuoud Ci. Williams, of Co. C, 5t]i InfautiT. V. S. A., being Sergeant of the guard, and in command of said S'liiril, (lid engage in sparring with the men of the guard and prisoners in tht; guard house, and (lid otherwise behave himself in a manner unbecoming his p()siti(Ui as Sergeant of the guard. This at Fort Wingate, X. M.. nil or about the 7th day of March, 18()7.

CH.\K(iE 3d—Neglect of duty. J^pmfii'dtiDii.^-lxi this, that Sergeant Edmoud G. Williams, of Conii)any

r. 5th lufiiutry, U. S. A., being Sergeant of the guard, and having lieen iisked by Sergeant George F. Hamilton, Co. C, 5th Infantry, V. 8. A.. Provost Sergeant, to make certain (iistril)utions of the prisoners, did fail to do so, and did say: "0! my arse! " or words to the same efltect or meaning. This at Fort Win.^.^itc. X. M.. on or about the 7th dav of March. 18(i7.

To tht' specificiition 1st ch,arge Mat linihtf. To the 1st charge Not dinliy. To the specification 'id charge, Not Guiliy. To the 2d charge, Not (Tuiliy. To the specification 3d charge, Not (rxilty. To the ;]d charge, \'ot dnUiy.

FINl>IN(i.

Of the specification 1st charge. \'<ii 'riiiltij, Of the 1st charge, Not iin'My. Of the specification 2d charge, ''^^"'"'v>

except the words "and prisoners." Of the 2d charge, (huliy. ()f the specification 3d charge (huUy,

except the words "did fail to do so, and" Of the 3d charge, Vo^ ihi]Hy.

SENTENC-E.

• To lie publicly reprimanded by the post commander."

2d—John McConnell, Private Company K. 5th U. 8. Infantry, on tlie following charge and specification:

CHARGE - ViolaUon of the -Mh Article of War. Spft'l-firation.—In this, that Private John McConnell, of Co. K, 5th V. S.

Infantry, duly enlisted in the service of the United States, did desert the same Mhile on detached service at Fort Marcy, N. M.. on orabout the 11th day of .Ypril, 18()7, and did remain absent from his comjiany at Albnquei- (lue, N. M. nntil the 28th day of April, 18^7. All this at Fort ilarcy iiiid Albuquerque. N. M., between the 11th and 23d days of April, 1807.

To the specification, HuiHy. except the words "did desert the same."

To the charge, Not (inilly.

FINDING.

()f the specification, (ruiHy, except the words "did desert the same" and suV)stituting for them the words "did absent himself."

Of the charge, Not <hiilty, but guilty of absence without leave.

SENTENCE.

■'To be confined at hard labor in charge of the guard for one (1) mouth, and to forfeit to the United States ten (10) dollars of his monthly pay t'ov

the same period."

3d.—James Hackey, Private Co. H, 3d U. S. Cavalry, on the following charge and specification:

CHARGE— Violation of the i^ih Article of War. Specification. —In this, that Private James Hackey, of Co. H, 3d V. S.

Cavalry, was dnink, and incapable of performing the duties of a sentinel while a member of the post guard at Fort Stanton, N. M.. on or about the 4thdayof April, 1867.

Til the spt'citicatioji. T(i the chiirf^'c. .

Of the spfi-iticatidii. Of the ehaifê

Vot (riuHy.

SENTENCE.

•To be i';)iifine;l iit hiird hiVjor in eharjê of the ;,'nai(l tor two months. "

4th.-Charles W. White. Private Co. H. M V. S. Cavalry. <.ii the following,' chari^'es and specifications;

CH.VR(JE Ist-^ \'i<>l<dii)ii i)f titt'-i^ytli Artidf of \l'<tr. Spenfindioi)."In this, that Private Charles W. White, of Co. H. ;{(1 U.S.

Cavalry, did become drunk and unable to perform the duties of a sentinel, when said White was a niemlier of the post j.ûard. This at Fort Stanton, N. M., on oi- about the 12th day of March, 1H()7.

CH.\KOE 2t\—('IIIKIIK-I Id the i>iTJU'lice iff (JIXHI order dml inUHdry <]isripH»e.

SiienjiriiHo)!. In this, that Private Charles W. White. Co. H. 3d U. S. Cavalry, did, while the enlisted men of Co. H. '.id U.S. Cavalry, wereatHta- ble.s, steal from the quarters of said comi)any, live Remiuf,'t.on pistols, the property of the United States. This at Fort Stnntcm. N. M.. on or about the 12th day of Ajinl. ISCT.

ri-E.\. To the specitication 1st eharj^'e. \ol ditiltij. To the 1st charfje, \ot (iuilty. To the specitication 2d charf^'e Sot (ruiliy. To the 2d charf^'e Sot (hiilty.

FINDINCi.

Of the specification 1st charge, Sot (inUty. Of the 1st char^'e, Sot (iuUiy. Of the specification 2d charge, (jhiiliy. Of the 2d charge OxUf'y.

SENTENCE.

"To be contined at hard labor in charge of the guard for one (1) month."

oth.—John Rock, Sergeant Co. H. M V. S. CavaliT. on the following <liart?fs and specifications:

CH.\RGE \v.i'~ Violation of the \ntli Arliric of War.

Speeijiailion.-In this, that Sergeant John Rock, Co. H, 3d U. S. Cavalry, being on duty at this Pf>st as witness before a General Court ;Martial, did become so beastly drunk as to fall off his horse. .\11 this at Albncpierque, N. M., on or about the 2d day of May. 1867.

CH.\RGE 2d—Conduct prejudicial to gootl order and military discipline. Specif ration 1st.—Li this, that Sergeant John Rock, Co. H. 3d U. S. Cav-

iuiy, did appropriate to his own use one (1) blouse, the. property of Pri- vate John Kuschner. Co. K. oth V. S. Infantry, on extra duty in the Quar- termaster's Depai-tment. All this at Albnouennie. N. M.. on or about the -M day of Mav, 1H67.

SpKclficiitiDK. 2(1. —Ill this, that Sergeant -Toliu Koi-k. Co. H. M \'. S. ('ii\- alry. did without penniKsioii. appropriate to his own use one (1) pair of pants and one (1) blouse, the property of Charles A. OtteuoU, C'o. K, ^ith II. S. Infantry, on extra duty in the Quartermaster's Department at this Post. All this at AUmquerqne, N. M., on or about the 4th day of May, 1807.

typeclfirdfinii 3d.—In this, that Sergeant John Roek, Co. H, 3d U. S. Cav- irlry. when ordered by his snjierior offieer, Lieut. E. Williams. 5th I".S. In- tantry. to return to Private Charles A. OttenoU, Co. K, 5th V. S. Iiifautrv. one (1) blouse and one (1) pair of pants, which he (Koek) had appropriated without iiermission. did fail to retrrn the said V)louse. .\11 this at .\ll)n- ipierque, N. M.. on or about the -Ith day of May, 1H()7.

I'o the speeltication 1st charge, Xoi (Ui'dly. To the 1st charge, Not G^tdlty. To the 1st speciticatiim 2d charge (ridlly. To the 2d specificatifm 2d charge, (hiilly. To the 3d specilication 2d charge. Not (hiilty. L'o the 2d charge, Not (hiiliij.

()f the specification 1st charge, An/ (in'illtj. ()f the 1st charge, \i>t (iiditii. Of the Ist specification 2d charge,... dnilty. Of the 2d si^ecitication 2d charge, (riiilty,

but attach no criminality thereto. Of the 3d specification 2d charge, Gitilty. ()f the 2d charge, GuiU'y.

SENTENCE.

•To be reduced to the ranks.

II The proceedings and tii.dings, in the foregoing case of Sei- neant Edmond G. Williams, Co. C, 5th XT. S. Infantry, are approved. The sentence is disapproved, being entirely inadequate to the ott'eiise. I'he prisoner vWll be released from arrest and returned to duty.

In the cases of Privates John McCt)nnell, Co. K, 5th U. S. Infaiitrv. James Hackey, Charles H. White and Sergeant John Rock, Co. H. 3(1 V.

S. Cavalry, the proceedings and findings are api)roved. The sentences

v.dll be duly executed.

Bv conunand of JM.\.TOR GENEB.A.L HANCOCK:

CHAUNCEY McKEEVER. Assistant Adjutant Gcnrvii < I

< )PFIOIAL ;

Oaptain and Acting Judye-Advocate.

(I

G. C. M.

1. ChiirUs Hoppcit, I'liviite Ct.. ('. 7th I'. S. Cavrthy.

2. John Vehiuiiii. Privatt' Tnôp C, 7tli I^ S. Cavahy. ;{. Jdliii Siiy(U'i-. Private Troop C. 7tli U. S. (Cavalry. 4. (T(ôrge W. Hohiuisou, Private Troop (', 7th U. S. Oavah-y. ."). WilHaiii Watkiiis. Private Troop C. 7th U. S. Oavah-y. i;. Janus .^â^sllall. Corporal Co. (T, M V. S. IiitaTitry.

HKVJXÎ AHTKHS DEPAKTMENT OF THE MISSOURI, Foin- IJKAVKNWOHTH. KAXS.\.S. July '22. ]H()7.

(TKNKK.\r. OKIJKK.S. 1

X( HI.

I Jiefore a (Teiieral Court Martial which eouveued at Fort Lyoii, Ciilonulo Territory. April 1.1. 1H(>7. pursuant to Specdul Orders No. 58. cmreut series, troiu these Headquarters, and of whieh Brevet Brigadier (leneral William H. Penrosc. Captain 8d V. S. Infantiy is President, wi^re arniigned and tried :

1st, Charles Boppcrt, Private Co. C, 7th ('. S. Cavalry. I'u rlie toUowinf,' rhiHfê and sjiecitieation:

SiiK-iriratiiih. In this, that he. Private Charles Boppert, Troop C, 7th U. 8. Cavalry, a duly enlisted soldier in the service of the United States, (lid, on or about the 12th day of Fehurary. 18<)7. absent himself from and desert the same, and did remain al)sent until apprehended on or about the 22(1 day of Febmarj-. lHfJ7, some 20 miles from Fort Lyou, C. T., (where his Troop was stationed,) by an armed party of (Cavalry sent in pursuit. This at Fort Lyou. C. T.. on" or about the Pith day of Februaiy, 1867.

PLKA.

To the speciUcation, (ruilty. To the charge, Giulty.

riNi)iN(i. Of the speciticatioii (ruilty. Of the charge, GnUty.

SENTKVCK.

"To be contiued at hard labor Tinder charge of the guard for six calendar months; the first fourteen days of each month in solitary confinement on bread and water; to forfeit aU pay and allowances now due, or that may become due, except the just dues of the laundress and sutler; and at the •expiration of his sentence, to be dishonorably discharged, and drummed out of the sei-vice."

•2(1. -.John \ fltuuui. Private Tmoj) (', 7tli V. S. Cavaliv. on tlir tollnw- iiif,' fliai'LTe and specittcatioii:

CHAKIIE—Bcseiiiiiii.

Speafirat'inii. -In this, that he, John Veltman, Private 'riooj) C 7th I". S. Cavaky, a dnlj' enlisted soldier m the service of the Xhiited States, did. on or abt)Ut the 22d day of February, 1HH7, absent himself from and desert said service, and did remain absent until arrested near Pneblo, C. T.. on or about the 2(1 day of Marcdi, 1867, by an armed party of C'avalry sent in pursuit. This at Fort Lyon, ('. T., on or aV)out the 22d day of Feb- ruary, 18(;7.

Pl.KA.

To the specitieation, lin'ilhj. To the charge. '/"//((/.

FINUIN(i.

i)i the specitieation, (in'tllij. Of the charge ';»;////.

SKNTENCK.

'•To be confined at hard labor in (diarge of the guard for six caleiidai months; the tirst fourteen days of each alternate mouth in solitary cdii- tinement on bread and water; and to forfeit two thirds of his monthly j)a\ from the time of his arrest to the expiration of his sentence."

:kl.—John Snyder, Pri^■ate Tr(^op V. 7th X'. S. Cavalry, on the followiu;,' charge and specification:

C'HAlUiE—JJfscHioK.

Siffrijic'ttioii. - In this, that he, Private John Snyder, Troop (.', 7th I'. S. Cavalry, a duly enlisted soldier in the service of the United States, thd, on or about the 22d day of Februaiy, 18('>7. absent himself from, and desert said service, and did remain absent until ai'rested near Pueblo, C. T., on or aboirt the 2d day of Marcdi, 1867, by an anued party of Cavalry sent iu pursuit. This at F(ut Lvon, C. T., on or aliout the 22d dav of Februaiy, 1867.

I'l.KA.

To the specification '//n//// To the charge '"" '"

FINDINCi.

Of the specification ''"'".V- Of the charge ''"'".V-

SENTENCE.

"To be confined at hard Libor in charge of the guard for six ealendi*!' months; the first fimrteen days of each alternate month in solitary confine-

ment on bread and water; and to forfeit two thirds of his uioutlily pf^}

from the time of his arrest to the expiration of his sentence.

4th.—George W. Eobinsou, Private Troop C. 7th 1'. S. Cavalry, on tlif following (diarge and specification:

CHARGE - Deseriiou. Sppcifu'fitidii.-In ihis. that he. (leorge W. Robins(m, Private Troop (■

7th U. S. Ciiviihy, n duly t'llli^sted .soldieriii tlu-sfiMccol ihf I nitcilStatcs, did, ou or about the 2'2d day of Febriiaiy. 18()7, absent himself fioni and desert smd serviee, and did rt nmin absent until anested near Pueblo, C T., on or about the 'id day of March, ]8()7, V)y an armed party of Cavalry seut ni pursuit. This at Fort Lyon, ('. T., on or about the 22d ilay of February, IHIu.

PliKA.

To the speeitication (iiillli^. To the charge, . Kniltii.

l-INDINli.

Of thespecilieation irnlili/. Of the charge, 'ixillf/.

SENTEN(.'f:.

•'To be confined at hard labor in charge of the guard for six cak'udar months: the tirst foui-feen days of each alternate month in solitary confinement ou bread and water; and to forfeit two thirds of his monthly pay from the time of his arrest to the expiration of his sentence."

5th.- William Watkms, Private Trooji (', 7th V. S. Cavalry, .m the following charge and s])ecitication:

CHAK<IE Disift'ioii. Siti'c[fir(itiii)i. In this, that he. AVilliam 'W'atkins. I'rnate'I'roop C. 7fli

r. S. Cavalry, a ibily eidisted sohbi'r in the service of the United States, did. on or about the 22(1 day of February, 1H()7, absent himself from, and desert said service, and did remain absent until arrested near Pueblo, C. T., on or aVxiut the 2d day of March. 1H()7. by an armed party of Cavalry sent in pursuit. This at Fort IJVOU. C. T. . on or about the 22d day of Feb- ruary. 1807.

I **iig

To the specification '."/////. To the charge '■niltij.

KINl)IN(i.

Of the s])ecitication . . (inilti/. Of the charge, ... >}iiilfi^.

SENTENCE.

"To be coutined at hard labor in charge of the guard for six calendar months: the first fourteen days of each alternate month in solitary confinement on bread and water; and to forfeit two thirds of his monthly pay from the time of his arrest to the expiration of bis sentence."

I I 6th.—James Marshall, Corjioral Co. G, ;3d U. K. Infantry, on the foliow- i " in^'charges and specifications:

CHAIUIE 1st -3>;//PC/ (>f duty. !<pe<'ifir(ilioii. -In this, that he, James Marshall, Corporal Co. G, M U.S.

Infantrj', did, while on guard, go tt) sleep and leave the sentinels to relieve themselves, and when the Officer of the Day made his rounds there was no sentinel on post. When the Officer of the Day asked the Corporal of the guard (the said James Marshall) \\ht) and where the sentinel was, he answered that he did not know. All this at Fort Lvou, C. T.. ou or about the (ith day of April, 18(>7.

('HAKiiE '2(1 />»•((/(/, e/*(«'.s\v III the prejniHre of ijixxl order <tnd mU'ddry di.s<;lpli)i,: Sperifii-it'io),. In this, thiit Corporal Juines Marshall, Co. G, 3d IT. S.

Infantry, being in arrest in his eompany (piarters, did appear on the uunniing of April 7th, 1S67, in the m'ss-rooni of his company in a drnuken violent maimer. On bein;^ ordered by his 1st Sergeant, Francis JSiiUivaii. from the mess-room of his (juarters, did disobey said order by saying: ••! will not nntil I am ready, I know my duty as well as you: yon cannot put me in the guard-house:'" at tin- same time raising his liandin a threateiiiu" manner.

'ondiict to till- iireJiiiUfe <>f (jood order dull utilHirrt/ difiripliuf. In this, that Corporal Janjes Marshall, Co, G, 3dIT.S. lu-

CHAIU;>: :{d yi)C<'{fir(dioii

fantry, did escape from the guard-house mi the 7th day of April, 18(>7. ami did enter the quarters of his 1st Sergeant, Francis Sullivan, there attempting to strike and otherwl.-i-^ abuse th» said Is' Sergeant, saying: "I will kill you when I get a chance, you son ot a bitch! I will kill yon to-nioiTOw morning: your days are immbered, you God damned son of a bitch!'" m- words to that effect. This at Fort Lyon, C. T., on or about the dates above sptM'itied.

To To To To To To

the spccitication. 1st charge, the 1st charge, the specification, "id charge. the -id the spe the :-!d

charge •itication. :?il charge,

•hart

, (mdil). . (hdlt'ii. , (fuilig.

. Chulti/ (rnillii.

Of Of Of Of Of Of

the spccitication 1st charge. the 1st charge, the specification'id charge, . the 2d charge, the spccitication 'M charge, the ;Jd charge,

Uniltji. (rllilty.

.(iunUj. . ihCdty. (hntUj.

SKNTKNIK.

■•To be reduced to the ranks; to be kept under guard at hard labor for the period of four months; to forfeit two thirds of all pay and allowances now due or that may become due from the date of his arrest until the expiration of his sentence, and to have his chevnnis and stripes torn from him in the presence of the men of the ganison to which his company be-

hmgs.

II The proceedings and findings in the case of Private Charles Boppert, Co. C, 7th U. S. Cavalry, are approved. So much of the sentence

as directs his dishonorable discharge, and that he be dmnnned out of service, is disapprt)ved. The remainder of the sentence will be executed as follows: To be coutined under charge of the guard ft)r the period of six

months; the first fourteen days of each month to be solitary, on bread and water diet; the remaining p(ntion of each month at hard labor; to forfeit all pay and allowances :iow due and to become due, except the jnst dues

of the laundress, during the period of his confinement.

[5] In the cases of Privates John Veltmau, John Snyder, George W. Kobin-

Hun and William Watkins, Co. C, 7th U. S. Cavalry, the proceedings and findings are approved. Their sentences will be executed as follows: To be coutined under charge of the guard for the period of six months; the first fourteen days of each alternate month to be solitary on bread and water diet, the remainder of the time at hard labor; and to forfeit two thirds of their monthly pay for the period of six months.

In the case of Coq)oral James Marshall, Co.. G, 3d U. S. Infanti^, the proceedings and findings are approved, and the sentence will be duly exe-

cuted.


CHAUNCEY McKEEVER. Assistaid AdjxiJcnt GeneraL

OFFICIAL:

C^i^- Captain and Acting Judge Advocate.

(I. C. M.

1. .Jaiiits ('. Krosstu. 2(1 Lieut. I'iotli 1'. S. ("oloi'cil liifmitrv.

HEADQ(^Virr]<:RS DEI'AKTMENT OF THE MISSOITKI. FoKT Li:\VF,N\V()nrn. KANSVS. July •2:t. 1SI(;7.

(iP.NEKAI. OunKItS, I

Ni 112.

I Before A General ("ourt Martial convened at Alhiiqueniue, N. M., March 27, 1867, pursuant to Special Orders No. 51, current series, I'roni these Headquarters, and of whicli Brevet Brigadier General CHRIS-

TOPHER CAK.SON, Tiieiit. Ool.. liattalion New Mexico Volunteers, is Presi- dent, was tried:

1st. James C. Krossen, 2d Lieut. 125th L. S, colored troojis. on tlie illoving charges and specifications:

(JH.USGK 1st iJefroitdintj fhf U. >'. iTOVvrnrni'nf. J^mfication Ist.—Inthis, that 2d Lieut. James C. Krossen. 125th V. S.

Colored Infantry, did, while he was Acting Assistant (Jnarterniaster, U. S. .bmy, at Fort Stanton. New Mexico, purchase from onti Manuel Fores tttteeii fauegas and one hundred and sixty pounds of corn, at four dollars ppv fanes;a, and did furnish Govm-nnient wagons, teams and teamsters with which the said corn was transported from Placeta, (about eight miles tiom Fort Stanton,) New M-^xico, to Fort Htautim, New Mexico, and did Awe issue or cause to be i-.ssued the said corn as public forage, and did afterward issue vouchers and certify to the correctness thereof, for the purchase of the said corn, which vi>uchers pui-ported that the said corn ^as purchased from one (Charles Eisenstein, or from one Paul Dowlin, and at a cost of eight dollars and Lfty cents per fanega.

AH this at or near Fort Htanton. New Mexico, between the 1st dav of Novembpr. ISfiC, and the 30th dav of Novend)er. 1H6R.

Sped firillo.I 'M —In till <, tint lid Lieut. Juiiies t'. Kvosseu, 12otli U. s. Colored Infantry, did, while he was Aeting Assistant Qnarterniaster, U. S, Army, at Fort l^-Stauton. N. M., purehase Irom Joseph A. Ilaiidt)lph sixteen fane^^as of corn at fimr dollars and tilty cents per fanega, and did fnrnisL Government wa;^ons. teams and teamsters, with which the said com Wiis transported from the town of Placeta, N. M., to Fort Stanioii, New Mexico, a distance of about eight miles, and did there issue or cause td be issued the said corn as public forage, and did afterwards issuf^ vouchers and certify to the correctness thereof, for the purchase of said corn, which vouchers jmrpoitjid that the said corn was purchased from one Charlrs Eiseustein or from one Paul Dowlin, and at a cost of eight dollars and fifty cents per fanega.

All this at or near Fort Stanton, New Mexico, between the 1st day of November, 18(n>, and the 8()th day of Novembtq-. IHO*!.

SpecifictttidK 3(/—In this, that 2d Lieut. James C. Krossen, 125th U. S. Colored InfantiT, did, while he was Ac^ting Assistant Commissar^' of Sub- sistence, U. S. Army, at Fort Stanton, New Mexico, sell, give away, or otherwise wrongfully dispose of to one Charles Eisenstein, the followinf^ IT. S. subsistence stores, to wit: Two hundred pounds of flour, one hundred pounds of sugar, one hundred pounds of green coll'ee. thirty-six poriuds of adamantine candles, and sixty pounds of soap.

This at Fort Stanton. New Mexico, on or about the ;^()th dav of Octoln-.-. 18(i(5.

-*?p>(;i^'ca';o;i 4://(--In this, that 2d L,eut. .Jaui'.•; C. Krossen, 125th T. S. C'olored Infantry, did, while he was Acting Assistant Commissary of Sub- sisteuce, U. S. Army, at Fort Stanton, N. ]\I.,'sell, give away, or othir- wise wrongfully dispo^;e of the following subsistence stores and Quai- termaster's pioiiert.y, viz: One sack of cotfet', <uie sack of sugar, one side of leather, three pickaxes and handles, one keg of nails, one box of horsc or mule shoes, and one box of horse shoe nails, said articles of Quar- ermaster's property and subsistence being theproperty of the ITiiited States.

This at Fort Stanton. N. M.. on or about the 22d dav of Jauuniv. 18(5(5.

Sperifii-iitioii ')lli--lii this, that 2d Lieut. Jame-i C. Krossen, 125th I'. S. Colored Infantry, did, while he was Acting Assistant Commissary of Sub- sistence, U. S. Array, at Fort Stanton. New Mexico, and being at tbt same time in temporary command of Co. E. 125th IT. S. Colored Inliintrv. give or issue friuii U. S. subsistence store-house at Fort Stanton, Nev Mexico, to 1st Sergeant George EoUy. of said companj-, about one gallon of whisky, and did authorize or order said 1st Sergeant Roily to sell to the enlisted men of said company the said whisky, at the rate of seventy- live cants per gill, and did receive from the .said Roily the amount of ton dollars as the proceeds of said sale.

This at Fort Stanton. New Mexico, on oy al)out the 25th dav of Dmn;- ber. 1860.

Specific'tlidti. (itk—In this, that 2d Lieut. James C. Ki'osseu. 125th I ■ f'- Colored Infantry, did. while Acjting Assistant Commissary of Subsistenci' at Fort Stanton, New Me::ico. during the mouth of October, 1866, purchase and take, or causes to be taken fr<uu the subsistence store-house at said Post, the following subsistence stores, viz: Fifty-five pounds of bacon, three hundred pounds of flour, one hundred and seventten pounds of coffee, one hundred and fifteen pounds of sugar, fifty-four pounds ol candles, seventy pounds of soap, five pounds of salt, and one pound of

1:5!

ptppt'i'. and (liil fh;ir(j;t. ('i- i-iiusc t(> be ' hart,".:(I to lijs. said Ki'ciMiiV; iicconut, in the book in whi'-li iiccouiits of wiles of t;nbsiyte;i<-i' stoics to (iflU'ers at Fort Ktiinton was usniilly cnterod, the above mentioned STII sist- enoe stores; bnt in hi« certified list of sules to otticers of subsistence lor said month, did only account for one hundred pounl-; of llour, sixty-one pounds ofcotiee, fifty-seven pounds of su;j;Ar, twenty-t\v>) pounds of can- lUes, and thirty-five pound* of soaji, and did thereby defruud the United St<itoK of the iolhnviuK' sul)sistenee stores, or money value thirtof, viz: Two hundred pounds of tiau", tiftv-six pounds of eotfee. lifty-t-ight pounds )f sufâr, twenty-two pounds of eiindh-s. thirty-five ])onnds of soap, five pounds of salt, and one pound of l)lack pepper.

This at Fort Stautou. New Jlfxieo, Itetweeu t!ie 1st da\' of October, 18r,(;, and the 81st .lay of O.-tober, lS(i().

(^HARGE 2d- Coriihiri io ilip pri'',ii(IUe (f <,(n,ti < n'l r ubli'- property, ^'iz: One sack of cotf'e". one sahlc of suf^xt. one side <«f ■ leUthc', thr«e pick- ixes and handles, one box of horse or niuhi .shoes. *>ni box (if horse slioe iiailK. and one kep; of cut nails, and did, in his ofticial capa/ity as A.-tin^,' Assistant Quartermaster at Fort Stauton, New Mexico, ^nd without authority, order, or knowlcd(j;e of his couiinandin;^ c)ffic.-r. ear.se a public wagon, team and teamster to takf the said store's from Fort ^>tanton, New Mexico, to Rio Dosa saw juill. New Mexico, a dislajue of aliout twenty- rwo miles.

This at Fi>rt 'vaiiton. \< w JI xico. .in or a'> >u" tlv ilA dr-' of -Ttvunary. !H(!7. ■ ■ ' "

SppcijiciiUihi-111 - h\ tliis. that -2(1 Lieut. .Tame ; C. ]vross( n. i25()i V. S. I'olored Infaufry, d;d. while he was iierfonuinj: the duties of Post .\dju- tant; f Fort Stanton. New Mexico, iii his ofricial capa-ity as I'ost Adjutant, and witlnut authority, ord^r. or knowled<,'e (>f \ho post Commander, order Lieut. Isaac M. Fletcher. r25th T'. S. Cohiri^d Infantry. <<>nimandin^; 'Jo. E. 12i>'.h I'. S. Colored Infantry, siiid company beiny; ]>art of the f:ar- lisonof said p<i-it, to detail ou" ))viviitc of said company as ew.ort for one '.vii{»ou arid mule team to th • llio D )si saw mills, a distaticc of about twenty-two miles: .said KrosscTi then kno\Aini; tliat he was wrontrluUy and AiuKiut the knowledtj;«' of his commandiiu^ ofticer sendinsT said wagon, mule team and escort away from the post of Fort Stmton, New Mexico.

This at Fort Sta.utou, New M=^xieo, on or about the 22d dav of Jaiiuarx

"^perificatioii :\<l In tlii.s, that 2d Lieut, JaiiusC, Kn ss« ii, Tioth I', S, <'i)kired Infantry, did. while in temporary (vijiimand of Co. E, 125th U. S, (Colored .Infantry, s,nvc to b.t Serureant George Roily, of said company, about one jâllon of whisky, and order the siiid 1st S T^'wint Roily to sell the said whisky to the eniisted men of suid comiMtnv, at the rate if seventy-five couts per };ill. and did receive from said Rully the aUK unt of ten dollars as proceeds of sairl sale.

This at Fort Stjmtou, New Mexico, on or about th ■ 2.')tli d iv of De 'em- le:', 18(i(;,

CH.i.KGE 3d lircHch iif Arnsf. ■ Iifcific'itliin- In this, tl:at 2d Lieut. James C. Kross. u. l-ioth V. S,

I'olored Infantry, did, after- beini; ordered by his i omniandim,' ( lli( to-. Lieut. Deane Monahan. :'>d V. S. Cavalry, to ;,'<> U> his tjuarters in an-<'st. luu after b- had obeyed said (U'dor. hâve his ipi;wtefs and enter the oliiee

■of the conimantlin-j; "officer. statin<j; at the same 1im,> that he wished Io liuv," a private inti rview witli him.

[4] This at Foi't Stuiiton, New Mt'xii-o. cm or about the- "ilth day of January

1HG7.

AiJDiTioKAL C'/HAKC;K 1st - ('oniliirl prejudicial to ijond urder and mHituni discipline.

SpecificuVian—In this, that 'M Lieut. James C. Krosseu, l"25th U. S. i-olored trcjops, did, while he was Acting Assistant Quartermaster at Fort Stantoii, New Mexiet). and in his (_)ffieial capacity as Acting Assistant Quartermaster, U. S. Army, pay or issire vouchers in lieu of paymeut tn one All)ert H. French. Government contractor, or to the agent or agents of said French, lor live thousand six hundred pt)unds of corn, at the rate of four and one-half cents per pound, and (lid certify that said vouchers were corre(-t and just, whereas the above specified quantity of corn in excess of all corn which had been delivered by said French, his agent or agents, to the said Krossen, and which had not been paid for at the time of issuing said vouchers, and by so doing, the said Krossen did defraud the United States of the money value of said corn, which value amounted to live hundred and fifty-two dollars.

This at Fort Stanton, New Mexico. b<^t\v(;eu tlie r)tli dav of Jamiary. ]S(;7, and the 1st day of Febniary, 18C.7.

ADDITIONAL C'HAK(ii: 2d Wrormfulh/ disjiosin'i af tin pniperli/ of tlir United

Stales.

Sperificalio)!-In this, that 2d Lieut. James C. Krossen, 125th U. S. Col- ored Troops, did wrongfully trade or barter with, or to a citizen named Calvin Dotson, one horse, the property of the United States, and did receive'from said Dotson in lieu of said horse;, another horse which was private property, and v.hich horse was afterwards disposed of by said Krossen for hi>; personal benefit. This at or near Fort Staiiton, N. M., between the 25th daj- of December, 186G and the :)lst day of December. IHtWi. said Kros- sen being Act. Asst. Quartermast( r. U. S. Army at that time.

ADDITIONAL CHARGE ;^d —ihndud nnheromirnj nn officer ami a (jenttericin. Specificaiion Ist -In this, that he, 2d Lieut. James C. Krossen, 125th \.

S. Colored Troops, did, in his official character as Act. Asst. Quarteruia.ster, U. S. Army, issue vouchers to one Albert H. French, or to the agent or agents of said French, which vouchers entitled said French, or the agent or agents of said French to receive from the United States Government th( amount of two hundred and fifty-two dollars, for which amount the said French or agent or agents of said French had granted to tlu; United States no equivalent whatsoever, and the said Krossen did sign his name and official character to the said vouchers, and did certify that the said vouchers, account or accounts were correct and just, and did thereby knowingly and wilfully certify to a falsehood. This at Fort Stanton, N. M., between tli> 5th day of January, 1867, and the 1st day of February, 1867.

BpecificAthon'^M~lxi this, that he, 2d Lieut. James C. Krossen, 125th I- S. Colored Troops, when asked by his commanding officer Lieut. Dean Monahan, 3d U. S. Cavalry, if he, "said Krossen, had traded a public horse to or with one Calvin Dotson, and if he, said Krossen had received from said Dotson one private horse in lieu of said public horse, or words to that efTect; did deny having made smdi a trade, and did furthermore state that he, said Krossen did allow the said Dotson to take and rse one G-ovem- ment horse until such time as a sale of Government horses would take place at Fort Stanton. N, M.. which r.eiiial and statement he, said Krossen then knew to be false. This at Fort Stanton, N. M.. on or about the 12th day of Februarv. 1H67.

II

•

L5J i^pcatiratloii M la this, that 2cl Lit-ut. JaiL:- s C. Xrosseii, 125th l), S.

Colored Troops, did, wheu a,sk«d by his commauding officer Lient. Deane Monahaii, 3d U. S. Cavahy. if the said Krosseu had sold to one Joseph A. Kp-iidolph :i horse, whic^h he, sc.id Krof;snn hnd wrongfully received in trade for one pubUc; horse, or words to that effect, deny having done so, which (leuial he, Krossen then knew to be a falsehood. T!iis at Fort Stanton. N. M.. on or about the ]2t.h day of February. 1887.

To the To thi^ To the To the To the To the To the To the To the To the To tlie To the To the To the To the To the To the To the To tlic To th(i To the

1st specification ] st charge. 2d specification 1st charge.. 3d si)ecification 1st (charge.. . 4th specification 1st charge.. 5th specification 1st charge,

Sot .Not .Not Not

.Not fith specification 1st charge Not 1st charge ..V.-.. v. V•>'•'^f!• > • • • ••■•"•■^Vbi 1st specification 2d charge, ...' : ....''''.'... I', r..".;.. ....Not 2d specification 2d charge, . Not 3d specification 2d charge.. Not 2d charge, ... Not specification 3d charge, Not 3d charge, Not specification 1st additional charge, .»,^..I^ot 1st additional charge, "■'..:'.*'.! *.\ . :* . .Not .specification 2d additional charge. Not 2d additional charge, Not Ifit sj)eiifieation 3(1 iidditioual charg< ■ • ■ ■ — ^^"i 2d specification 3(1 additional charge. '^Y. .*.'.". Not 3d specification 3d additional charge '.'... . Not 3d additional charge, •....■^<r'.. S'ni

Guilty. Guilty. Guilty. Ouiliy. Guilty. Oddity. Guilty. Guilty. Guilty. OnUty. Ouiiiy. Guilty. Guilty. GuiUy. Guilty. Guilty. GuiUy. Guilty. CuUiy. GuiUy. Guilty.

Guilti/, Of the 1st specification ls(- charge, but attaches no criminality thereto.

Of the 2d specification 1st (charge Not GuiUy. Of the 3d specification 1st charge (hiUty.

excepting tli(> words '-two hundred pounds of flour." and the word "six" before pounds of adamantine candles.

Of the 4tli specification 1st charge, \ot Guilty. Of the 5th specification 1st charge ... Guilty,

excepting the words "and did authorize or order said 1st Sergeant Roily to sell to the enlisted men of said company, the said whiskey at the rate of seventy-five cents per gill, and did receive from the said Roily the amount often dollars a.s the proctnuls of said .ssile." but attach no criiti- inahty thereto.

Of the ()th specification 1st (;harge, Guilty, excepting the words "one hundred and seventeen jxmnds of coffee," and substituting for them the words "one hundred and twenty-two pounds of coffee." and a^so excepting the words "and did thereby defraud the United States of the following subsistence stores, or money value thereof, viz: Two hundred pounds of flour, fifty-six pounds of coffee, fifty-eight pounds o*' sugar, twenty two pounds of candles, thirty-five pounds of soap, five pounds of salt, and one pound of black pepper," but attach no enminality thereto, as the Court believes the remaining subsi8ten<'e stores were | voperly accounted for afterwards.

f

[^5J ()t' the 1st fhiU-^'e, \„/ /,)(;////,

• ' 'Imt guilty of ooiulnct jjirjiidicial to good ordtn- and military discipline. Of the 1st speoitication 'Jiid charge. Xot (hdlt]i.

■()f the '2d s-jTeoitication "id charge, Sm (fuillii. Of the 3d Hpeciticatimi iJd charge, Vo/ <-h(iliij.

■ I )f the2d charge Xof (hiilfij. Of the .specification 8d charge (TKIV///. ()f the 3d chargt>, Xof Ouiliii. ()f the specification 1st additional <-hargf, Xof Qii}li,j, Of the 1st additional charge Xot GnilUj.

' »)f the specification "id additional charge (hiillij. " '■ excepting the words "trade or barter," and substituting for them thi'

words ' "f emponirily exchange.' also excepting the words "and which horse was afterwards disposed of by said Kros.sen for his personal benefit."

' < >f the •2d additional charge, [ Koi (hiilhi. '"■ '■ but guilty of conduct prejudicial to good order and military discij)liiie.

1 Of th« 1st specification 3d additional charge, Xot 'ruWi/. *^ 'htihe 2d specification 3d additional charge Xat (iiiiJiij. '' Of the 3d specification 3d additKuial charge, ... Xot G-u'dty. '' •■ 'Of ihe 3d additional charge. Xot GniM

SENTENCE.

To be reprimanded l)y the Department Commander.

il. .' .Tlie proceedings in tilv^ foregoing case having been laid before tlie Majoi'GencraKî nnnanding the D«])ai1nunt. the îllowin;^ is his decision

' ' ' ' The findings on the 1st, oth and fith specifications to tlie 1st charge ciumot express tke meaning of the Court;'for certaiidy a court sworn to ■•tnilr try

' arid determine according to evidence." and' 'duly administer justice."Coiili! not mean to contradict the law and evidence by such a verdict. The accnseil is/owm/(/I ((7^2/of defrauding the Government while Acting Connnissaiy nf

''' '^bsistence, by the i»»ue of false vouchers for the payment of money: (if selling commissary whiskey to the enlisted iilen of his company, andreceiv-

' ing pay therefor;'and of taking a large amount of Subsistence Stores frmii "' h'.he (Toveriiinelit'warehouse, without paying or accounting for the sanu';

and the court decides there is "no criminality"atta(>hed to oft'encts ot tins hatu're, but concludes !t is •■■conduct to the'j)rejudice of^ôod ordtî' :uul

\' uiilitary (liscipline." ■ ' " tinder the charge ot ••defrauding the (xovernment," to find the accuswl

"'uiit'gUlltljMiY'the'chafge as laid, but guilty Hf "conduct prejudicial t6 good

'>rder and military discipline," is irregular and invalid, the latter offence not being a lesser kindred offence, but quite another and diiferent one

" 'Irom' that feet forth in the charge. Fraud is not an otfence coniprehendrtl

•■'■''■'itl the pSroVisions i.f the'09th Article of War. "^.'^l^he'accuse.'l'IS found guilty of the specification to the 3d charge. Im'

' )(0^;7n% of the charge. The evidence shows c<mclusively. a violation ot

' ' ■ ttfe 77th Article of War, (breach of aiTest) under which the charge is liU'l- '"■■' anil it'is not understood how the Court could find the accused guilty ot all

'that goes to constitute the offence described in the charge, and arrive M

till' alihurd (■(iii('l)isinii tliat lie is not (jii'iHt) ot' the cbarj,'!'.

Upon the 'id iidditioiiiil chiivfif. the ac^cused is found not K'lilty of wjun^'- fully disi)oshiK' of property of the Ignited St>ites, (witli whieli lie is charged > but guilty of "conduct to the prejudice of ^'ood order and military discipline." This tinding is also iiTegular and invidid. and the same rcma ks apply as to the findings upon the 1st charge.

The sentence of the Court is entirely inconsistent with the findings. The accused is repeatedly found guilty of "conduct to the prejudice of good order and military discipline." and sentenced "to l.t^ reprimanded li\- the Department Commander."

The punishment awarded by the Court being so disiufijiortioniite to the (ift'ence, the Major General Commanding declines t<j administer the r(*pri- inand imposed by the sentence, not desiring to establish aprece^ient that such a sentence is a proper punishment for offences of tliis nature. It being imprac ticable to rec(mvene the Court. Lieut. Krossc ii will l)e released from arrest and returned to duty.

III. .. The General Court Martial of which IJnvet Brigadier General Cliristophcr Carson. Licv.t. Col. Battalion X. ^1. \'oIuiit( i rs. is Pn sident. is hereby di.-Kolved.

ii3i

By coiuiiiaud of M\.Toi; GENKK.U. HAN<

(iFFicr.M,:

CHAUNCFA MrKEEVEE. Axs'isiani Ailint'int <fen(o!

t'dplaii, (1,1(1 Aclh„i .hid'I'- Ad(■(„■(,h.

»

v^

'• w

G. C. M.

1. John Kiliiuiitin, Piiviite ('.>. H. 5111 U. S. Iiiliiniry. 2. Jacol) S. Ruth, Priviite Co. I, 3d U. S. Cavalry. 3. Richard Webster, Private Co. (>, 3d U. S. Cavalry. 4. Antonio Soi-zio. Private Co. G. .Sth T^. S. Infantry.

-♦♦♦-

HEADQUARTERS DEPARTMENT OF THE MISSOURI, FORT LKAVKWvoiiTH. KANSAS, July 2^, ^H^^,^.

GENERAL OKDKKS, )

No. 113. \

I Before a (leneral ('ourt Martial whieh convened at Fort Sinnui'i, N. M., June 14, 18f)7, pursuant to Special Orders No. 119, current series, from these Headcpiarters, and of wliicli Brevet Major E. W. Tarh^toa, IM U, S. Cavalry, is President, were arraigned and tried:

1st. -,Tohn Kilmartiu, Private Co. H, 5th U. S. Infantry, on the follow ing charge and specification:

CHAK(IE De.sn-iion.

f^pecificaUon. In this, that Private -lohn Kilniartin. of Co. H, 5th U- S. Muiitry, did desert the service of th(! United States at Fort Simmer, N. M., March 25, 1867, and did remain absent until the •2d day of May, 1807. when he delivered himself up to the commanding officer at Fort Sumuer, N. M. This at Fort Snmner, N. M., on or about March ■25tli. 1807.

PL,EA.

To the specification, Guilty. To the charge, (hnlty.

FINDING.

Of the specification, <hi illy. Of the charge, (hiilti/.

SENTENCK.

"To make good his time lost by desertion, and to be confined at hard labor in charge of the guard for the period of six (fi) months, and to forfeit to the United States ten (10) dollarsof his monthly pay for the same period."

2d.-Jacob S. Ruth, a Recniit 3d U. S. Cavalry', on the following charge and specification:

P

^MIF'"

ill P''

;t :

i ; ,ii I ' ■ I

m C'HAKGE Ikstiiion.

Specification. In tliis, that Jacob S. Ruth, a Recruit of the ;W Regiment U. S. Cavalry, did desert the service of the United States at or near Bent's Fort, C. T., on or about thi' 6th day of November. 1806, and did remain absent until apprehended at or near the Hole in the Rocks, N. M., on or about the 7tli day of November, 1866. This at the camp of detachment of 3d U. S, Cavalry recruits on the the Arkansas, on or about the 6th day of November. 1866.

To the specitication. . <'Hilli/. To the charge. , . 'iitlll]/.

FIN])IN(i.

Of the .specificatimi. (iidHii. Of the charge. h',nii,j,

SENTEKei..

•To make good his time lost by desertiim, and to be contined at hiird lal)or in charge of the guard for six H>) months, and to forfeit to the United States ten (10) dollars of his monthly pay for the same period."

3d. -Richard Webster, Private Co. U, 3d V. S. Cavalry, on the following' charge and specifications:

CH.YKOE -Conduct i>n'Jii(liciiil to i/ood onlir iunl niititary discipline.

Specifiadiou 1st.- -In this, that Privat" Richard Webster. (V). Ci, 3d U.S. Cavalry, did steal one saddle blanket, the property of the United States, which formed part of the ecpiipments issued to Private James M. C!allabiiii of same companv. This at Foi't Bascom. N. M.. on or about the 18th dav of March, 1867.'

Hpecification '2d. In this, that the aforesaid Private Richard Webster, Co. G, 3d U. S. Cavalry, did sell, or t)therwise tlispose of the saddle blanket stolen by him, which was found and identified, in possession of a citizen at Fort Smnner, N. M. This at Fort Sumner, N. M.. on or about th( 3d day of April, 1867.

PLKA.

To the 1st specification Not G-uilty. To the 2d specification, Not Guilty- To the charge Not Gmlty.

FINDINO.

Of the specification, . . Not Guilty. Of the charge, , . Not (hulty.

And the ('ourt does therefore acquit him.

4th.—Antonio Sorzie, Private Co. (T. 5th V. S. Infantry, on the following charge and specification:

CHABGE- Conduct prejudicial to <jood order and military discipline. Specification.—In this, that Private Antonio Sorzie, Co. G, 5th U. S. In-

fantry, did steal from the guard room a watch the property of Sergeant Lawrence Sullivan, Co. A, 5th U. S. Infantry. This at Fort Sumner, N. M-. on or about the 5th of October. 1867.

U

(81

PLEA.

To the cbarf,'e, . . Not Ouilty. To the specification Not Ghiilty.

KINPINC.

Of the specification,.... . Not Guilty. Of the charg<', Not (hiUiy.

And the court does thereiuie acquit him.

II. The proceedings and findings in the ioj»'ffoing cases of Private John Kihnartin, Co. H, 5th II. S. Infantr3^ and Recmit Jacob S. Ruth, 3d U. S. Cavalry, are aj)j)r()ved. Their sententês are confirmed and will bt-

(tarried into effect. In the case of Private Ki<-lmrd Webster, Co. G, 3d TJ. S. (Javalry, the

record sets forth a finding upon only otieofthe specifications to the charge. ThiH irregularity is the result of negligcûcc on the part of the Court and Judge Advocate, and inattention to the reading and making u}) of the record. The proceedings are disaj)proved. The prisont^r will be released from confin(!iiient ;iud returned to duty.

Ill the (tasc of Private Antonio Sor/ie, Co. (T. 5tli U. S. Infantry, the jirooeedings and findii.gs are approved. The prisoner having b(!en acquits ted, will be released from confinement and returned to duty.

bi the two preceding cases, the record shows no (ividoncê whatever upon which charges should have been prefen-ed. The attention of officers who prefer charges, and of Judges Advocate who prosecute them, is again called to the loose manner in which charges are drawn, and to the want of evidence upon their trial.

ni... The General C'omt Martial t>f which Krevijt Major E. W. 'i'ii.rlt^)u. M U. S. Cavaliy, is President, is hereV)y dissolved.

By command of MA.IOK GKNKUAL HANcorK:

OHAUN(JEY McKEEVEK. A.'isi.'itniit Adjutant Gener<d.

OrnciAT.

(<ipfili/i mill ArliiKJ .liilltli-Adicrdtc.

iii

^ t

G. C. M.

1. (îptnin Henvv IniUiUi. Assistant <iuiu-tcn>iiister V. S. Ariay.

«

HEADQUARTERS DEPARTMENT OF THE MISSOURI. FoKT LEAVENWORTH. KANSAS. July 30. W,!.

(JKNEKAL OllDliKS. i

No. lU. i

1... Before ii General Court Martial which convened at Fort Union. N. .M., June 7, 1867, pursuant to Special Orders No. 110, current series, from these Headquarters, and of which Brevet Colonel NELSON H. DAVIS. Assist- ant Inspector Genei-al. is Presi<lent. was tried:

1st.—Captain Henry Inniau, A.s8i.stant (Quartermaster. U. S. ,\niiy. on the following charges and specifications:

CHAKGE 1st—Positife caul iriUful ilLsoht'dlftur i>j' nrtleis.

Sijecijicalion.—In this, that he, Captain Henry Inman. A. Q. M.. U. S. A.. Inning been by his superior Officer, Brevet Col. H. M. Enos, A. Q. M., U. S. X.. Chief Q. M. of the Military District of New Mexico, ordered in a Circular issued from Chief Q. M. Office. District of N. M., at Santa Fe, N. M.. on the 7th day of Noveml)er. IH(\I\, to furnish certain returns, reports and statements pertiiiniufj; to his duties as Depot Q. M.. at Fort Union. N. il.. iU'd which Circular is in words and tijûrcs .is follows, to wit:

CHIEF QUAKTEU.MASTEK'S OFFICE, DISTKICT OF N. M. , SANTA FE. N. M.. November 7. 1860.

[ClRCT'LAR.]

I... ..\11 Officers who are accountîble for Clothinf<, Ciiinp and Garrisiui Equipage, or for Q. M. Stores, are re<iuired to transmit to this office at

the end of each month, or when relieved of their accountability, a cc^py of their Property Return and Return of Clothing. (^mip a7id Garrison Etpiip-

U .. .AH Officers doing duty in the Q. M. Ddpt. in this military tUsta-ict, ;iiv required to foi-ward to this office the Returns, Reports and Statements ennmeruted in the subjoined list.

Those papers which from the nature of the duties of A. Q. M. may not be required from him, must be enumerated in the letter transmitting the papers due from this office.

f

M:A

[2j The following' is a list of papers required from Asst. and Act. Asst. Q. M.;

I . . .Weekly (every Satiu'day) Report of Forage and Straw. Report of eertilied Voiiehers issued.

II. . ..Tri-iuonthly (on the 10th, 20th and last day of eaeh mouth.) Statements of Horses and Mules on hand.

Ill Monthly eopy of account current. " •' abstract B.

Copy of '■ Bb. " •' Rejiort of persons and ai'ticles hired Ac. " '• '• Stores received for transportation. " '• " Enlisted nien on extra duty. " " Returns of Public animals. " " Report of Forage issued. " " List of (mtstanding debts. '• '• Return of Q. M. Stores. " " Abstract "D." " " " "G." " '• '■ -'L," with copies of Vouchers. " '' List of animals foraged. " " Return of Clothing, Camp and (xarrison Equipage. " " Personal Report to Q. M. General. " " Report of means of transportation.

'• Report of Officers to whom public monies or Q. .M. stores have been transferred.

" " Report of Officers to whom Clothing. Camp and Gam- son Eqmpage have been transferred.

•• Report of stnictiires built and repairs made or contemplated, or (considerable repairs of public buildintts and estimate of cost of repairs contemplated.

[Signed] H. M. ENOS,

Bvt. Col. IT. S. A.. Chief Q. M.

did fail to forward the Returns. Reports and Statements enumerated in that Circular, except tii-monthly reports of animals and weekly reports ot forage and reports of certified vouchers issued for the months of December. 1866, and January and Februai^. 18()7, and that he, the said Captain Henrv Inman, did, in a letter dated Depot Q. M. Office, Fort Union, N. M., April 3d 1867, express his intention not to forward the Returns, Reports and Statements required, and which letter is in words and figures as follows. U< •wit:

OFFICE OP DEPOT Q. M.,

FoET UNION, N. M., April 3, 1867.

Colonel: I have the honor to acknowledge the receipt of your letter (with

enclosures, <ifAi)nl 1. iMCiT. When I first arrived at this depot. !hrouu;h courtesy I forwarded you mj' papers for tho approval of the Major Crpjicv^-al Commanding. You refused to return my paj^ers, \vhi(-h wia-e intended for the Q. M. General, embarrissin^ my business, and delaying my papers beyond the limit prescribed by law, in which I am required to send them. I continued to send yon weekly reports of Forage and tri-monthly State- ments of H<n-ses and Mules, not wishing, to emban-ass you in yonr reports. I have never been ordered to report to yon, as a certified copy of my order enclosed will show. I wTote you a letter giving my o])inion in relation to the discharge of a certain wag(^n master, and asked the then Major General Commanding that the order foi- his dis<-harge might be suspended, and the man brought to trial. You insist-ed, in yonr endorsement im my letter to the Major General Commanding, that the wag(ni master should be dischar- m!(l. The (ieneial so ordered, and I obe\-ed promptly. In fhat correspou- dence I declined to certify to the correctness of Forage orders emanating iVom other Posts. You state that my wish to lay the matter before my bondsmen is trifling and unworthy of notice. In the .same endorsement you also threatened to have nie relieved from duty in the Q. M. Depart- ment, if I refused to pay ain' orders except those signed by myself. T"'nder the circumstances, and regarding your language not in accordance v.ith

the rules and regulations for the g<n'erninent of the .\rmy of the T"'. S.. I must decline ti) show you that courtesy l)y sending my pai)ers. which I originally intended to do. I have been awaiting your return from the lower lonntry to lay this case in all its bearings before the Major Genei-al Coni- inanding and to ask of him a ('ourt of Incpiiry to decide whether my cim- iluct in relation to the Forage system of this Distri<-t warrants the threat on your part to have me relieved.

A copy of this letter, with all communications relating to the subj»H-t re- tniTcd to, has this day been laid before the (reneral ("omnianding the Dis- trict.

Very Respect fully. Your Obt. Servt..

[Signed] HF.NRY IN.MAN', (ajjtain and A. (^. M.. U. S. A.

i^vt. Col. H. M. P:NOS. A. g. M.. v. s. A.,

S.^NTA FK. N. M.

I'his in the militai'y district of N. M., in the months of Noveml)er and December. 186fi. and January, Febniary. March and April, 18fi7.

CHARGE 2d. -Xeijlect of duty. ^pecifiodthn,. In this, that he. Captain Htnry iiiiuan. A. Q. M.. l^. S. A.,

having been by his superior Officer Bvt. Col. H. M. Enos. A. Q. M.. U. S. A., Chief Q. M. of the military district of New Mexico, ordered in a circular issued from the Chief Q. M's. Office, District of N. M., at Santa Fe, M. M., on the 7th day of November. 1866, to furnish certain Returns. Re- ports and Statements, pertaining to his duties as Depot Q. M., at Fort

mon, N. M.. and which circular is in words and figures as follows, to wit:

[4] CHIEF Q. M. OFFICE, DISTRICT OF N. M.,

SANTA FE, N. M., November 7, 18(i(i. [C;iKClTL,VR. ]

I. . , . All Officers who are act-ountable for Clothin<^, Camp and Garri.sou Equipage, or for Q. M. stores, are required to transmit to this office at the end of each month, or when relieved of their accountability, a copy of Iheir Property Eetum and Return of Clothinj^, Camp and Garrison Equip- age.

II. . . .All Officers doing duty in the Q. M. Department in this militarv district, are required to forward to this office the Returns. Reports and Statements enumerated in the subjoined list.

Those papers which from the nature of the duties of A. Q. M. may not be required from him, must be enumerated in the letter transmitting the papers due from his Office.

The following is a list of papers required from Asst. and Act. Asst. y. MV; I. . . .Weekly (every Saturday) Report of Forage and Straw.

Report of certified Vouchers issued. II. . ..Tri-monthly (on the 10th, 2()th and last day of each month)

Statements of Horses and Mules on hand. Ill ..Monthly copy of account cunent.

Copy of abstract B. '•" '• '• Bb. " " Report of persons and articles hired iVc. " " " " Stores received for transpor'.ition. " " Report of enlisted men on extra duty.

, " " Return of Public Animals. " " Report of Forage issued. " " List of outstanding debts. " " Return of Quartermaster's stores. " " Abstract "D." " " " "G.'- " " " "L," with copies of vouchers. " " List of animals foraged. " " Return of Clothing, Camp and G-arrisou Eqviipage. " " Personal Report to Q. M. General. " " Report of Means of Transportation. " " " " Officers to whom public monies or Quar-

termaster's stores have been tmnsfeiTed. " " Report of Officers to whom Clothing, Camp and Gar-

rison Equipage have been transfeiTcd. " ' • Rei^ort of Structures built, and repairs made or cou-

templated, or considerable repairs of pubhc builn- ings, and estimate of cost of repairs contemplated.

[Signed] H. M. ENDS. Bvt. Col. U. S. A., Chief Q. M.

[5] (lid foil to Ibrwunl the Keturiis. Reports iUid Stiitt'iiu'uts euniaenited in

that Circular, except the tii-moutbly reports of animals, weekly reports of forage and reports of certified vonchers issued for the months of December. 1866, and Janiiary and February, 18G7, and that he, the said Captain Henry Inmau, did, in a letter dated Depot Quartermaster's Office, Fort Union, N. M., April 3, 1867, express his intention not to forward the Returns, Re- ports and Statements required, and which letter is in words and fifjures as

follows, to wit: OFFICE OF DEPOT QTARTERMASTEI:.

FORT UNION, N. M., April 3, 18G7. (hhnel: I have the honor to acknowledge the receipt of your letter

(with enclosures) of April 1st, 1867. When I first arrived at this depot, through courtesy I forwarded you my papers for the approval of the Major General Coniniaudiug. You refused to return my i)apers, which were intended for the Quartermaster General, embarra^fiing my business and de- lating my papers beyond the limit presi-ribed by law, in which I am required to send them. I continued to send you weekly reports of Forage, and tri-monthly statements of Horses and Mules, not wishing to embaniiss you in your Reports. I have never been ordereti to report to j'ou, as n certified copy of ray order enclosed will show. I wrote you a letter gi^'ing my opinion in relatiim to the discharge of a ceilain wagon master, and asked the then Major General Conmianding that the order for his dischargi might be suspended and the man brought to trial. You insisted, in yoiir endorsement on my letter to the Major General Commanding, that tin wagon master should be discharged. The General so ordered, and I obeyed promptly.

In that correspondence I declined to certify to the correctness of forage orders emanating from other posts. YOTI state that my wish to lay the matter before my bondsmen is trifling, and unworthy of notice. In tb* .same endorsonient you also threatened to have me relieved from duty in the Q. M. Dept. if I refused to pay any orders except those signed by myself

Under the circumstances, and regarding your language not in accordance with the rules and regulations for the government of the Army of the United Stjxtes, I must decline to show you that courtesy by sending ui\ papers, which I originally intended to do. I have been awaiting your return from the lower country, to lay this case in all its bearings before tlu' Major General Commanding, and to ask of him a Court of IiKjuirj', to decide whether my conduct in relation to the forage system of this District warrants the threat on your part to have me relieved.

A copy of this letter, with all communications relating to the subject re- ierred to. has this day l)een laid before the General Commanding the District.

.,r

Very Respectfully,

Bvt, Col. H. M. ENOS, A. Q. M., U.

Your Obt. Servt.. [Signed] HENEY IXMAN,

Captain and A. Q. M.. U. S. A. S. A..

'

Santa Fe, N. M.

ThiN in the militury district of New Mexico, in the months of November tind December, 18fi6, and January, Fel)niary, March and April, 1867.

CH.VRfJK 3d—Vondaci unbecoinuKj an i^jficer and a ijcntlfinnn. . SpecificAition.—In this, that he. Captain Henry Inuian, A. Q. M. U. S. A., did, on the 3d day of January, 1867, write to the Quartermaster General a letter. whi(^h letter is in words and figures as follows, to wit:

OFFICK OF DEPOT Qt\\.RTERM,vsTER, FORT UNION. N. M., January 3. 1867.

livt. Maj. Gen. M. C. MEKiS, Quartermaster General U. S. A.,

W.iSHINOTOX, D. C.

Genfrnl: I have tiie hcmor to emdose herewith the t'ollowinji; papers pertaining^ to duty in rlie (^. M. Department for the month of November. 18(56, viz:

Return of property abstracts D, E, N. G, I and L—and to explain the reason why voucher to G and voucher to L are deficient. I forwarded my papers for approval to Santa Fe. N. M., and Bvt. Col. H. M. Euos, A. Q. M., refuses to return them, giving as a reason, that I should send the copies required for his office at the same time. I respectfully protest against the action of C^ol. Enos in the matter. The papers I forwarded for approval were intended for the Quartermaster Genei-iil. and should have been returned to me, either approved or disapproved. The claims of the Quartennaster General for the prompt rendition of my papers, are far more urgent than those of any Chief Quartermaster, and I am amenable to law if I am derilect in this particular. I should have sent Col. EIIOK

any papers he may have required after I had forwarded those intended for the Department; and I (rontend his demand is neither warranted by law nr •ustom. I respe<!tfully claim the protection of the Quartennaster (xeneiiil,

and ask to be relieved from sending my paj^ers to Santa Fe for ajiproval. The distance from this depot is over one hundred miles. I am requii'ed l)y law to forward my papers by mail in a specified time to the Quartermas- ter General and 3d Auditor. I cannot, under the circumstances, meet

wth the requirement. I believe it is the custom all over the United States, at places where the

(Quartermaster has no immediate commander, for him to approve his o\ni papers. I was stationed at Poiiland, Maine, for two or three years, and was not required to send my papere t(j New York for approval. I also refer to the Quartermaster in Boston, New York, Philadelphia, and other cities.

The mail communication in this country is lurcertain, and papers are

likely to be lost or destroyed In trnnsUa. I respectfully enclose a copy of Col. Enos' letter, together with a list of

the papers I am required to send to Gen. Easton and Col. Enos. Can 1, under the law, have two immediate Chief Quartermasters ? By comparing

the lists, the General will observe they are almost similar, and comprise nearly every paper required by the Department. The entire services oi

,.

..

one cltrk. lUid jiiirt of tlie timt- of one other, are absorbed in iiiakiug out these piipers. I do not AVIKL to convey the idea thnt I am oriticisinof th< rtcts of my superiors, but think it my duty to suggest, when the economy of the Department is taken into consideration. I have particular reference (iiiul will state parenthetically that all these papers are sent at the sam< time) to the Reports, which convey the same infonnatiou.

The Return (tf Property shows all that is contained in abstracts ]). E.

F, G and L -Report of Forage issued and Return of Pulilic animals. Tin- Return of Clothing. Cam}) and (raiTison E(piipage. shows tc) wliom property iinil clothing has been trausfeiTed during the month. Yet in addition to this, and the monthly report of officers to whom proj)erty and clothing have been transferred. I am re(iuired to send invoices at tlic time of their

(late, making four in all. If part at least of thest! paj>er.- were dispensed with, some twcv thoiisjuid

dollars per year (independent of the cost of rations* would be saved to tb--

(tovernment in clerk hire. I would respectfully ask the Quartermaster (xeneral to explain the exact

relations officially existing (as they are understood at the Dejwrtment) between Col. Enos and the (Juartennastei-at this de})ot. I am inclined to think, at this dejiot. the Quartemiaster. on accoimt of the immense r*- responsibility. and buildings in process of constniction. should be allowed to communicate direct with the Department.

I am free to confess that, as far as my observation and exjierience tends since I have been here, that the Quartemuister isaperfectnonentitvattliis depot. In considerati(^n of the foregoing. I respectfully ask the Quartei- master G-eneral that, unless it is consistent with his ideas to remedy the embarrassments I hav( mentioned. 1 would much prefer to IH' ordered elsewhere.

lam constrained to submit this Report to the Quartermast+'r (i-entnal ff)r my own protection, which I contend is a sufficient excuse, should any (juestion arise whether I have departed from strict military etitjuette. as the time may come when it will be too lat*' t:i j>rotect myself

\ personal review of this letter is earnestly recjuested.

1 am, (ieneral. Very Res])ectfnlly. Your ()))'t Serv't. '

[Signed] HENBY INMAN,

Captain and .\. Q. M.. T'. S. A.

"A true copy:

[Signed] HENKY INMAX. Capt. A A. Q. M."

•-mil which letter being repUed to in a letter dated March 14. IHfiT.

from the Acting Q, M. General. U. S. A., informing him, the said Captain Hemy Inman, that he had violated Par. 451. Revised Army Regulations. aufl which letter is in words and figures as follows, to wit:

t

m 8]

"QUARTERMASTER (IENERAL'S OFFICE,

WASHiNGTdN. D. C. March 14. ]8<i7. Ciiptiiin HENRY IXMAN, Asst. Q. M., U. S. A..

FORT UNION, N. M.,

I'aptitin: Your letter of tHe 3fl of January, 181)7, relatinjj; to (•crtain ic. ports required from you by Bvt. Col. H. M. Euos, Chief Q. M., District of New Mexico, han been received. This letter was forwarded direci to the (J. M. General, ui violation of Par. 451, Revised Army Regulations, which directs that all communications, whether from an iiiferior tio a sliperior. or rice versa, are, as a general rule, to be passed through the intermediate commanders. The only exception being cei'tain reports specially called for by the War Department. The requirements of Col. Enos, in relation tn the reports Ac, are fully approved by the Quartermaster General.

Very Respectfully, Your OV)'t Serv't, [Signed] D. H. RITCKER,

.Acting (Quartermaster General, E. 394, B. iS. / Bvt, Ma.j. Gen. E. 253, B. K. 70 )

He, the said Captain Henry lumau, did endorse the said letter of the Vet. Q. Î. General in the following words and tigures, to wit:

DEPOT QU.VRTERMASTER'S OFFICE.

FORT UNION, N. M., April 4. 18(i7. Respectfully forwarded through Major General (reo. Sykes, Com-

manding District of New Mexico, (and the proper channels,) to the Hon. Secretary of War, to whom I appeal for a consideration of this decision. and the letter on tile in the Quartermaster General's Office, which caused it. I deny that I have violated Par. 451, Revised Army Regulations, as the communication referred to was a letter of transmittal with my papers, and for Hie to the proper settlement of them, ami related only to that subject. I respectfully urge that I may be relieved from duty in tliis district, as it is impossible for me to serve with Col. H. M. Enos. In explauatiou of this remark, I respecttuUy refer the Hon. Secretary of War to the Re-

port of Bvt. Col. A. J. Alexander, 3d U. S. Cavalry, Special Inspector.

[Signed] HENRY INMAN,

Captain and A. Q. M., U. S. A. Through (ôl. H. M. ENOS.

which endorsement is false in this partiular, namely: that the said let-

ter of Capt, Henry Inman, addressed to the Q. M. General, U. S. A., dated January 3, 1867, does principally relate to other subjects than the transmittal of his papers and a proper settlement of them. This at Fort

Union Depot, N. M., on or about the 4th of April, 1867.

CHARGE 4th— Conduci to the prejudice of fjood ordei- and military discipline-

)'<pecification—In this, that he, Captain Henry Inman, A. Q. ^-Û- f; ^ having been by his superior officer, Bvt. ('ol. H. " M. Enos. A. Q. M., U.S.

.

[9] A., Chief Q. M. of the militiiry district of New Mexico, in a letter dated April 1. 1867, requested to furnish certain papers relating to his duties as Depot Quartermaster at Fort Union, N. M., and to state whether or not, he. Cap- tain Heur\' Inman, intended to comply witli instructions and orders relative to the furnishing of papens, and which letter is in words and figures as follows, to wit:

CHIEF QUARTERMASTER'S OFFICE. DISTRICT OF NEW MEXICO, ♦SANTA FE. N. M., April 1, 1867.

CAPT. HENRY INMAN, A. Q. M., U. S. A., FORT UNION DEPOT, N. M.,

(hptahi: I have the honor to enclose herewith copies of letters adcb'essed to you during the Month of February last, in reference to the forwarding of papers pertaining to your duties as Quartermaster. I have neither received the papers referred to, nor answers to my letters, of which the en-

closed are copies.

You will please inform mc whether you have received the original letters. luid if you have received them, explain why you have not complied with the instructions contained therein.

You will, without delay, forward all pai)ers now due from your office.

This letter will be handed you by a special messenger, and you will acknowledge the receipt of this communication and the enclosures within twelve hours after it is placed in yotir hands, and in your letter of ac- knowledgement you will state whether you intend to comply with the instructions and orders contained in my letters to you of the lOth, 24th and 28th of Februaiy, 1867. copies of which are enclosed.

You will send your reply by the bearer of this, who is instructed to wait at Fort Union twelve hours and then return to this place.

Very Respectfull}', Your Obt. Servt..


Bvt. Col. and A. Q. M., Chief Q. M.

***♦«»*«♦

(four enclosures.)

He, the said Captain Henry Inman, did, in a letter dated ' 'Depot Quar- termaster's Office, Fort Union, N. M., April 3, 1867," addressed to Bvt. Col. H. M. Enos, A. Q. M., U. S. A., Santa Fe, New Mexico, use the fol- loAving language, to wit:

"Under the circumstances, and regarding j'our language not in accordance with the mles and regulations for the government of the Army of the United States, I must decline to show you that courtesj' by sending my papers, which I originally intended to do."

This at Fort Union, N. M., on or about the 3d day of April, 1867.


Bvt. Col. and A. Q. M.

[10]

PLEA. To the sqcjificatioii of the 1st chartfe, GiiUtij

to writiug the letter or letters which form part of the specification, but not guilty of the eriiuiiiality which the charge and specification allege they imply.

To the 1st charge Xot Guilty. To the specification, 2nd charge, GxiiUy

to writing the letter or letters which form part of the specification, but not guilty of the criminality which the charge and specification allege they imply.

To the 2nd charge, Xot Guilty. To the specification 3d charge, Guilty


To the 3d charge, Xot Guilty. To the specification, 4th charge. Guilty


To the 4th charge Xot Guilty. FIKDINfl.

Of the specification, 1st charge, Guilty. but attach no criminality thereto.

Of the 1st charge, Xot Guilty. Of the specification, 2nd charge Xot Guilty. Of the 2nd charge, Xot Guilty. Of the specification, 3d charge, Guilty

of writing the letters and endorsements contained in the specification. and guilty of referring to other mattei-s, in the letter of January 3, 1867. than transmitting his papers: but not guilty of an intentional falsehoocl.

Of the 3d charge, '. ' Xot Guilty: and the Court does therefore honorably acciuit hnn of said charge.

Of the tipecitication, 4th charge, Xot Guilty. Of the 4th charge, Guilty

SENTENCE. To receive such reprimand as the Department Commander may judge

proper.

II... . The Record in this case shows a neglect on fhe part of the prosecution to introduce evidence of the circumstances of the off"ences charged, notwithstanding the plea of the accused to all the specifications. Such evidence was easily obtainable, and would have enabled the reviewing officer to act more understandiugly in his decision of the case.

The accused is found not guilty of the specification to the 4th charge, but ijuilty of the charge. By finding him not guilty of the specification, the Court acquits him of all that goes to constitute the oflfence described, and nothing remains to sustain the charge. Such findings have no meaning.

The only testimony offered by the Judge Advocate in the trial of this case, was that of Colonel Enos, and but one •qiiestion was asked and answered by him. The evidence produced by the defence elicited the only information (with the exception of the pleas of the accused) upon which a

decision can be based.

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Lii] Sufficient appears in the record, however, to show that the accused had

leeognized Colonel Enos as the Chief Qnartennaster of the District, by obeying the orders given him by Colonel Enos, ever since the accused had been on duty in the District.

The accused undertakes to show lu his defence, that by General Orders No. 141. War Department, series of 1865, a District Commander is not entitled to a Chief Quartermaster on his staff; that Colonel Enos had never been announced, in orders, as the Chief Quarterma ster of the District; that Col- onel Enos had no right to issue orders unless signed "by command of" his District Commander; that this mode of issuing orders was the custom of the service: that the accused had never been ordered to report to Colonel Enos.

To controvert this argument, the Judge Advocate could have produced evidence to prove that Chief Quartermasters of Districts have been recognized as such by the War Department for the last year; that, admitting Colonel Enos had not been announced in orders as Chief Quartermaster of the District, the accused found him and knew him to be in that capacity when he reported for duty in the District, and it was not in' his province to question the authority under which Colonel Enos acted; that, in the ordinaiy rou- tine of business in the Quartermaster's Department, the Chief Quarter- master lias tke right, under the Ai-my Regulations, to issue orders direct to his inferiors, and that this is the custom of the service; that it was the duty of the accused to report to Colonel Enos, as Chief Qtiartermaster of the District and his superior officer, whether he was ordered to do so or not.

The principle of contesting questions of this nature is dangerQUS, and no officer should undertake it unless his reasons are clear- and conclusive. and his experience in the service will fully warrant it. A repetition of like offences might be tried by a Court which would not exercise the same leniency as this one seems to have done.

Captain Inmau will be released from an-est; will be relieved from duty at Fort Union, N. M., and will await further orders there.


CHAUNCEY McKEEVER, Assistant Adjutant Oeneral.

OFFICE

I

Captain and Adiiig Judge-Advocate.

w

l^ii

' •- ■ 'i

Htt

G. C. M.

John Kany, Privatf Co. I, 7th U. S. Cavalry. Williiuii S. llyul. Saddler Sergeant. 3d U. S. Cavalr\.

HEADQUAItTKliS DEPARTMENT OF THE MLSSOUKl,

FOIST LKVVENWOKTH. KANSAS. July M. 18(57.

(rKNKKAJ, OUDKKS.

No. 115.

1 Before u Geiieni] Court Martial convened at F(irt Marker, Kansas. July 13, 1807, pursuant to Special Field Orders No. 8, Headciuai'ters De- partment of the Missouri in tlie Field, and of which Captain Edward Blood- Kood, 38th U. S. Infantry, is President, was tried:

John Barry, Private Co. I, 7th U. S. Cavalry, on the followiiif,' chai-ges iiiul specifications:

CH.viMiK 1 st- -Deserthm.

Spwijiralioii In this, that he. the said John Barry, Private I Troop, 7th U. S. Cavalry, whiles on duty with a detachment of said troop at or near King's Camp, so (tailed, did. !)n or about the 11th day of July, A. D., 1867, desert his command, and was arrested as such deserter, about four miles therefrom by the guard dispatched in pursuit of him.

CHARGE 2d Wrori/ifuliy and knowirujly sc'Untj anns, the property of the United States, nnd fiirnished by and to l/e used for the m'lUary service of the United States.

Speeificatioii In tliis, that he, th(> said John Barry, Private I Troop, 7th U. S. Cavalry, whih; on dutj' with a detachment of said troop, on t)r about the 11th day of July, A. D., 18G7, did, at or near King's Camp, so called, wrongfully and knowingly sell to a certain party, whose name is at present unknowi., one Spencer carbine, of the value of one hundred dollars; one light cavalry sabre and belt, of the value of fifteen dollars; one carbine sling and one ammunition pouch, of the value of ten dollars. All of the value of one hundred and twenty five dollars; the property of the United ^tates, and as such furnished to said Barry by, and to be used in the military service of the United States.

All this at or near King's Camp, so called, on or about the 11th day of Jul.y. A. D., 18C)7, while'en route from Fort Wallace to Fort Barker, in t'lp DepartuK nt of the Missouri.

g="^^W ^■ivifl^BIH

[2j

PLEA.

I'o tht: spuciticiitiDii 1st oliiiFf^^e, Xnl Gnillu, V" the 1st charge, \i,l (juilty. I'D the siiecilication 2d chartre.. . \V>^ (fiiilty. \\> th(! '2(1 <rharc:e, . . \',,^ '/»;%

KlNT)rN(i.

< )f the sptt-itieatioii lsi(hai>!e. . . Guilly. ()f the 1st charge, . Guilty. Of the specitication "id chargi',. \ot Guilty. ()t' the 2d charge, . . . Xot Gnilly.

.SI;NTI:N('K.

••Ti) be contiiK-d at hard labor in charge of the guard for the term of six

'■alendar months, and to forfeit to the United States all pay and allowances during the said term exo^pting the jnst dues of the snt'.er and laundress."

II . . .'J'lie proceedings and tindings in the foregoing case of Private John Barry, Co. I, 7th TT. S. Cavalry, are approved, and the sentenci- will be

carried into effect. in. . .The (xeneral Conit Martial of which Captain Edward Hloodgood.

■Wth T'. S. Infantry, is President, is hereby dissolved.

IV. . . .Before a (Tcneral Court Martial convened at Fort Union, N, 11.. June 7th, 18(57, pursuant to Special Orders No. 110, current series, from these Headquarters, and of which Brevet Colonel Nelsoii H. Davis, Major and Assistant Inspector General, U. S. Army, is President, was tried:

William S. llyal, Sadler Sergeant. :{d U. S. Cavalry, on the t'ollowinj; charge and specifications:

CHAROK Conduct to the pjrjiulice of ijood ordpr ntid 7nititnn/ di.-<rif}linr.

Specification l.st In this that William S. llyal, Saddler Sergeant, M U.S. Cavalry, having been detailed to proceed to Calhoun's Ranche, N. M., for the purpose of assisting the De|)uty Sheriff in arresting a thief, did Ixnouie so drunk as to be unable to perform his duty properly.

All this at or near Fort Unioji. N. M.. on or about the ()th dav of June. 1867.

Specification 2rf In this, that said William S, llyal, Saddler Sergeaut, Hii U. S. Cavalry, did attempt to shoot a certain Mr. Calhoun, a citizen of the Territoiy of New- Mexico, without any provocation whatever.

All this at or near Calhoun's Eanche, N. M., on or about the Hth dayot June. 1807.

Specification M -In this, that said William S. Kyal, Saddler Sergeaut, 3d U. 8. Cavalry, did shoot Corporal Edward Swords, Co. D, :Jd I^ S. tlavalry. while said Swords was endeavoring to prevent him from shooting Mr. Cal- houn, thereby inflicting a veiy dangerous wound in the face of said Swords.

All this at or near Calhoun's Ranche, N. M., on or about the 6th dayot June, 1867.

Specification ith -In this, that said William S. Ryal, Saddler Sergeant, 3d U. S. Cavah-y, did shoot Sergeant Charies Brenitt, Co. D, 3d U. S. Cavalry, while said Brenitt was endeavoring to prevent him from murder- ing Coi-poral Swords, Co. D, 3d U. S. Cavalry, thereby inflicting a ver}' serious wound upon the arm of said Brenitt.

\

rn-tr-'T*^.- .^mmmmrmK-mK-

\

All this ;it or iitar Ciilliomrs IJum-lie. N. M., on or about tlie (ith day of June. lH(i7.

Specifi('!(ti<^ii fiifi 111 this, tbiit suid WiIlium !S. Kyul. Saddler Sergeant, :i(l U. S. Oiiviilry. diil shoot at. with ii;teiit to kill, .sundry eitizens, and by such shooting iiud .sundry thitats place said citizens in peril and fear of their lives, and did say that he would "shoot the first man that came out of the lioiise." or words to that ctt'ect; this without just cause or provocation.

All this ;it or iK-!ir (\dhi>uirs Ranclie. N. M., on or about the (Itb. ilay of .(nil.-. ISCT

l'I,KA. To the 1st sptcineatioii. ... GuiUy. To the 'id .speciticatioii. Xot GuUty. To the lid speciticatioii, Not OuUty. To the 4th specification, Not Guilty. To the -"itli s])ecific!itinn. Xot Guilty. lo the chariLre, Xot Guilty.

irxDiNi;. Olth ■ 1st sp.-citicatioii, , . (/uilty. Of the 2d specification, . . . (hdlty. Of the ;^d specification,.. . . Guiity. Of the Ith specification, . GuUty. Of the .")th si)ecificatioii,. GuiUy. ()f thf ehari,'e GuiUy.

.SKNTKNCK.

•To lie reduced to the ranks as a private solclier. uinl to be confined in

i:liiiri{e of the guard for six months at bard labor, forfeiting all pay now 'lui or that may become due during his confinement, except the just dues of the laundress and sutler. TTie Court is thus lenient in (consideration of the long and faitlifiil services of the prisoner, and the excellent char- iti'ter given him by his commanding officer."

V. ..The evidence in tlie foregoing case shows tliat the pri.soner was ;,niilty of the ottcnce of aggravated injurA' to persons, which, under (General Orders No. t. War Department, 18(57. is punishable at the dis- iretion of the Court. By the sentence, it appears that the Court exercised

leniency on account of the former good character and faithful services of the prisoner. As a general rule, u])on a finding of guilty, it is incumbent on the Court to award punishment etpml and adequate to the degree of guilt, and in every resjxct proportionate to the offence. Although every palliating or extenuating (drcumstance attached to the commission of the :iet is to be duly weighed and considered, the Court is not at liberty to lonsider, in fi-aniing their sentence, any foreign or extraneous matter '/"? connected with the .specific act, however strongly they may plead in tavor of the prisoner. In this case, former good character and faithful semces should not have been considered, in arriving at a proper verdict, nor should such matters be incoiporated in the simtence. It would have been entirely proper for the Court, after having awarded a sentence proportionate to the offence, to have set forth, separately, these facts for the

I4J cousideration of the reviewing officer, in support of a recominendation fui mitigation of punishment. Recommendations no made are always respectfully considered, and seldom disregarded.

The proceedings and findings in the case of Saddler Sergeant, William

S. Ej'al, 3d TJ. S. Cavalry, are approved, and the sentence will be duly exe- <'Uted.

VI.... The General Court Mtirtial of whi(di Brevet Colonel Nelson H. Diivis, Major and Insin'ctm- (Ti-iieval Ti. S. A., is President, i.s hereby-

dissolved.

Ky I'ommand of MA.IOI: (TKNKKAI. H.VNOOCK;

CHAUNCEY McKEEVEll. Assistniii Adjniani (revenil.

I I

OpKicrAi.

Ciptdhi and A

'

(M G. C. M.

1. Jolin HiU'kett, Piiviite Co. F, r>th U. S. lutiuitiy. 2. Jose Jiiiiiuiillo, Private Co. D, Batt. N. M. Vols. ;i. Levi Tnmssuc, Blacksmith Co. B, Batt. N. M. Vols. 4. Meterio Martiues, Private (^o. B. Batt. N. M.-A'ols.

i). Jesus Oclioa, Private Co. B, Batt. N. M. Vols. 6. Joseph Herman. Private Co. B. Batt. _N. M. Vols.

HE.U)(2rAiri'EKS DEPAETAIEN'I- OF 'I'HK MlSSOl'Kl, Fiiirr LKAVKNWOHIH, KANSAS, Augtist i). 18(!7.

(lENl'.UAI, ()|!l)i;i!S. j

No. Hit. I

1 Before a (Jeutral Court Martial wliich eoiiveiied at Fort Garland. C. T., January 30, 1H(!7, pursuant to Special Orders No. y, current serit-s. iuicl re-convened by Special Ordeis (58, cuirrent series, from these Head- quarters, and of which Brevet Brigadier (jreneral CHKISTOPHKK CAESON.

Lieut. Col. Battalion N. M. Vols.. is President, were arraijjjned and tried:

1st. John Hackett, Private Co. F. 5th T^. S. Intiintry. on the followin.L; charge and specifications:

CHAKOK Conduct prejudiciiii ID yxxl order mul luUitxrij discijtliiit'.

Spenjicalion l.v/ -That Private John Hackett, Co. F, 5th U. S. Infantry. dill unlawfully remove from his company quarters, w ith intention of deserting the service of the United States, suudry articles of Govenmient clothing, camp and {^arriscm equipage, consistiuf,' in fact of one (1) infantry great coat, three (^,^^ woolen blankets, one (1) haversack, and one (It I'auteen.

This at Fort Garland, C. T.. on or about the Uth da^ of April, 18()7. SpH-'ifiadioii -M That the said John Hackett, Private Co. F, 5th U. S.

liiiantry, did prepare, with the intenti<ui of deserting the service of the United States, certain articles of food, consisting in fact of hard bi-ead or soda crackers, baker's bread and baemi.

I'l.DA.

To the 1st specification, Not Guilty. f 0 the 2d specification . . . Not Guilty. bi the charge, Xof Guilty.

T'ii

Of the 1st specitiiriitioii, (inUtii exc^ept the words -'with the iiitMition of (lf^sertiii<,' the service of the Uuited States."'

Of the "2(1 sjiicitieatioii, Sot Q-idlbi. Of the ('harf);e, QHiliy.

SKNTENCK.

"To he eoiitined at hard lahor in charge of the guard for one (1) mouth, and to forfeit ten dollars (;?!()) of his monthly pay for the same ])eriod."

2d. - Jose Jaramillo, Private Co. 1). liattalion N. M. Yolnntetn-s. on the tollowing charges and specifications:

CH,\K«E 1st VU>l<ttii»t of tin'. W>tli Aiiirle of \\'<ii:

Spt'<-[ii{-HtioH In this, that he, Private Jose Jaramillo, of Oo. D. Batt. N. M. Vols., after having heon duly jjosted as a sentinel, did sleep upon his 2)(>st, in which (;ondition he was found hy t\w corporal of the guiud. (Sevino Lope/ of (Jo. D, Batt. N. M. Vols.)'

CH.AKGE "id Negled of Jhili/.

Si)ec)Jivati<»i In this, that he, Private Jose Jaramillo, of Co. D. Batt. N. M. Vols., after having been duly posted as a sentinel, did sit down upon his post, in which sitting posture (V,uh his head covered by the cape of his great coafi he was tound 1)V the (u>rporal of the guard, (Sevino h<i- pez, of Co. D, Batt. N. M. Vols.)"

To the specitication, 1st charge, . To the 1st charge, To the speciticati(m, 'id charge To the 2d charge

(liiiUy. (inilt'y. (liiiHi). (rlliltjl.

FINDINCi.

The Court (HUitirins the plea of the prisoner, and tinds liini guilty us (sharged.

SKNTKNCK.

•'To be coutined at hard labor in charge of the guard for the retuainder of his enlistment, and to forfeit to the United States his monthly pay for

the same period, except the jrst dues of the laundress and sutler."'

3d. Levi Transsue, Blacksmith, Co. B, Battalion New Mexico Vdhm- tf^ers, on the folhnvnng (charge and specitication:

CHARUE—Absence without Ledie.

Spcfijicufion—ln this, that he. Blacksmith Levi Transsue, of Co. B, ]3att. N. M. Vols., did absent hhnself from bis company without proper authority, on the 20th day of April, 1867, and did remain absent until brought'back by 1st Lieut. James M. Tanfield, on the momiu^ t'f the 2;id day of April, 1H(;7. ,

All this at or near Fort Oarland, C. T.. on or about the 20tb day ol April, 18G7.

PLEA.

To the specification, To the charge

. y'ot (Miiy- . Not Criiytu-

I'^l

. Not Guilty. Xnt fruilfy.

XiAmi-

Of the speciticiitiiui, Of the char},'e,

And the (ômt does therefore acijuit him.

4th. Meterio Martiue.s. Privnte (!o. B, IJattuIion N.-w .\[exi( teers, on the following charge and speeifieation:

("HAIHIE rnlairfiilli/ (lisposhitj <if frorrriiiiiinl proftcrtQ.

Spec{fif(ili<»i In this, that he, Private Meterio Miirtines, of Co. H, Hatt. N. M. Vols., did sell, lose, or in some niannei' nnlawlnlly dispose of one Remington pistol, the same being (roveninient pro])erty. and for which (-'apt. John Thonjpson, Hatt. N. M. Vols., is responsible.

All tliis at or near the town of San Lnis. on or aliont the 17th dav of April. 1H()7.

To the speeiticatioii. To the eharge

Xot (/nitty. .\nl (hnlt'y.

FIM>IN<i.

()f the spiH'itieation, ''nitty, fxcept the words "did sell, or in some manner mdivwfnlly dispose ol."

()f the charge, .Vo/ (lullti/. .Vnd the (ônrt do's therefore acquit liim.

oth. Jesus Oehoa, Private Oo. B, Battalion New Mexico Volunteers, on the tbllovving <'harge and specification.-

CH.\K(iE r)il(nrfiilly (ii.spo.'îiHi of <i<tri'fiipi<i(t I'vdperty.

Specltinttion In this, that he, Pnvate Je.sus Oehoa, ot Co. J}, JJatt. N. M. Vols.. did unlawfully dis})osc of (uie Reniiugton pistol, the same being the ])roperty of the TTniteil States, and for which (âi)trtin John Thompson, Batt. N. M. Vols., is responsibh-.

.Ul this at or near the town of SaTi Tjiis, C. T.. on or about the •2t)th da\ of.\pril. 18fi7.

To the .spe(;iticati()n, To the charge

,Vo/ (Tnitty. Xnt Guilty.

FINDING.

Of the speeifieation Of the charge,

. Guilty. Gmtfy.

SENTENCE.

■To be contiued at hard labor in eharge of the guard tor the period of two (2) months, and to forfeit to the Thiited States the value of one Rcm- infTton pistol, lifty dollars (50.)

fith.—Joseph Herman, Private Co. B, Battalion New Mexico Volunteers, "11 the following charge and specifications:

CHARGE — Wlllfvt di.'iobeflience of onJprs. ''Specification l.s'< —In this, that Private Joseph Herman, of Co. B, Battal-

ion N. M., Volunteers, when ordered by his company commander, Captain John Thompson, to go to the 1st Sergeant and draw his equipments and report for duty, did positively refuse to do so.

I

Sjx-cijicdfion '1(1 lu this, that Private Jt)Sf2>h Heiuuiii. of Co. 13, IJattahon N. M., Vohinteers, when ordered bj- his 1st Sergeant to come to the orderh- room for his arms and prepare for duty, did positively refuse, and on heiiii; told tliat it was the Captain's order, did say, "yon go tell the Captain to read the llegulations. and that I will not transfer, nor soldi(>r as a Privntc, I wall go to the gnard house first."

All this at or near Fort (iarland. C. T.. on or about tlie2ddav of ])e<eiri- ber, ISfifi.

PLE.\.

To the 1st specitication, . . ^sot (TUWJ^. To the 2d specifieatiou, ... Xol Gntliif. Tn the charge . . .\o/ aniUij.

K1M>1N(.

Of the 1st speeitieation, Guilty. Of the 2d specification Not GuUtif. Of the charge GnUit).

SENTENCE;.

•'To V)e confined at hard labor in ('hargi' of the guard fov tb • period ef three (3) months, and to forfeit to the r'nit.'d Stat.s t.n d.ilbns c^KH ,,f

his monthly pay for the same period.''

II. . . .The ])rocecdings, findings and sentences ni the loregomg cases dt

Privates John Hackett, ('o. F, 5th U. S. Infantry and Jesus Ochoa, Co. V>. N. M., Volunteers, and flie proceedings and findings in tlie <-as ■ of Pnvatf Meterio Martines, (V). B, N. M., VohmtecM-s. (who was acquitted) are disapproved. The re(n)rd shows that there were //cf memhcrfi oi {\w Court present on the trial of these cases, and that one of these mend)ers was permitted to act, and did iict <'/.s' tlie couascl for these prisaifis. at tlnnr request. It is conceded that the accused is entitled to counsel uj);)!! his trial, as a positive rigid, but it is not believed that this right extends to a selection of his counsel from the court which is composed of five membos only. TIJI'

exercise of such a privilege, w,)uld virtu illy reducj the court below thf legal number necessary for the trial of the case, as it is hardly conceivable that un officer acting in the double capacity of counsel for the prisoner, and

member of the court, could "duly administer justice, \vith(nit pdrfinlilt/, f"- vor or affection" as required bj- his oath. The prisonei-s will lie released from confinement and returned to duty.

In the case of Private Joseph Herman, Co. B, Battalion New Mexico Volunteers, the proceedings, findings and sentence are disappro\ed. The record does not contain a copy of the order convening the court, nor does

it apiiear by the record that the court was ''duly'' sworn. These defects are fatal to the validity of the sentence. The prisoner

having been a long time in confinement, will be released and returned to

duty. In the case of Blacksmith Transsue, Co. B, Battalion New Mexico Vol-

unteers, the proceedings and findings are api>roved. The prisoner liavint.'

been acquitted, ^^^ll be released from confinement and returned to duty

u

I,, the <=.« of Pri.»u. .I„,e J.,»„,iu„, c„. D, Battalion New Mexico Voi

Prosi.leut, is hereby dissolved. ^ olimteers, i.s

BycoramaiidofMvK.R CTENKKAI. HANCOCK:

<'HAUNCEY McKEEVEK. Assis-Umt Adjutant General.

OfTKIAL:

(h/>l<ii\ 'Hid Artiu'i ,fiut(j>: Adiyaitf.

''^.W

tit

11

a. c. M.

I. Fivderiek Seliwab, Private Co. I, 7th U. K. Cavalry. •J. Willirtiu Hansc'll, Private Co. I, 7th U. S. Cavah-y. :i. Peter Bishoti', Private Co. E, 3(1 U. S. Infantry. L Charles B. Heaton, Private Co. I, 7th U. S. Cavalr\

.1, Henry Bobbins, Pri\Hte Co. I, 7th U. K. Cavalry. (!. .Joseph H. Clarke, Private Cô. I, 7th U. S. Cavali-y. 7. Isaac A. Steele, Private Co. I, 7th U. S. Cavalry. s. Amos Ives, Private Co. I, 7th U. S. Cavalry. '.). Samuel B. Cox, Private Co. D, 37th U. S. Infantry. 10. Charles W. Warren, Private Co. I, 7th U. S. Cavalry. II. Andrew Steele, Private Co. I, 7th U. S. Cavalry. 12. Michiel McGowan, Private Co. I, 7th C. K. (âvahy. 13. Dawsou Cain, Sergeant Co. D, :J7th U. S. Infantry. 11. William Hanilin, Serjeant Co. I, 7th U. S. (';!'.nli\

HEADQUAETEES DEPAETÎENT OF THE :\IISSOUEI, FoKT LKAVK.NWOKTH, KANS.VS. Aui^nst 10, 1S<)7.

(T£N1;K\L OKPEKS. i

NO. 12(1. i

I Before a (xeneral Coiiit Martial which convened at Fort WalLict Kansas, .Jinie o, 1867, imrsnant to Special Orders No. 114, cniTent series, troiu these Headcjuarters, and of which Brevet Brigadier General P. MOK-

RLsox, Colonel U. S. Army, is President, were arraigned and tried:

l.st.—Frederick Schwab, Private Co. I, 7th T'. S. Cavahy, on the following charge and specitication:

CH.IKGE -Deni'i-t'ioii.

^ SpecificMtion -In this, that he, Frederick Schwab, Private I Troop, 7tL U. S. Cavalry, having been duly enlisted in the service of the United States, did desert said service, and remain absent therefrom until apprehended at Goose Creek, Col. Ter., on or about the 2i}th day of May, 1867. Thirty dollars paid for apprehension.

This at Fort Wallace, Kansas, on or about the 23d day of May, 1867

To the specification, To the charge,

Gnllty.

I

Miii [2J FINDING.

Of the specification, confirms his plea and finds him Gu'dti/. Of the chai'ge, confirms his plea and finds him GmlU/.

•To forfeit all pay and allowances that may be due him: to be confined at hard label- in charge of the guard for six months, and to forfeit ten (10) dollars of his monthly pay each ni>6nth for the same period.'" .

-WiUiam Hansell, Private I Xroqp, 7th' tt'^/'ipavai^^^ the f61- charge and specification:' ' ' ' * '''-vâT .r.oiUid i .

,^CHAB(iEî>esertton. . ■ r i <T • SpeGificaiion—lii this^ ttiat he, "Private William Hansell, t Troop, ^th V.

H. Cavalry, having been duly enlisted in the service of the United States, did desert said service, and remain absent therefrom until apprehended at Goose Creek Ranche, Col. Tev., on or about the '26th day of May, 1867. Thirty dollars paid for apj>rehen;îon.

This at Fort Wallace, Kansas, on or about the 23d day of May, 1867.

2d.- lo\vin<

- PLEA.

To the specificatioUffijyj,*.). f^ , To the charge, ' ., .,.., .^j...»,...,»,.

riUi-uO .k .TJ ffP^'DINO. Of the specification, confirms his plea and finds him Guilty. Of the chai'ge. confirms his plea andjjjids him Guilfi).

/i->)ri9«"i ,niu7UiH nuiUlrf/

SEXTEXCE.

•'To forfeit all pay and allowances that may be'due him: to be confined at hard labor in charge of the guard for six (6) months, and to forfeit ten (10) dollars of his monthly pay each month for the same period."

3d.—Peter Bishoti', Private Co. E, 3d U. S. In%utry, on the following charge and specification:

r CHAROE—Desertion. .^ - ^^., ,,

Sjyecification—'hi this, that he. Private Peter Bishoft', of HCo., 3d U. S. Infantrj', having been duly enlisted in the service of the United States. did desert said service, and remain absent therefrom until apprehended near Cheyenne Wells, Col. Ter., on or about the 26th day of May, 1867. Thirty dollars paid for his apprehension.

This at Fort Wallace. Kansas, on or about the 23d ofiVI«,y>, 186VJ -Jai ' .. iiub aaiwol

PLEA.

To the specification, ••.".^".'l'??-.^. V .^.*??^!\^. Not GuUty. To the charge,'/v:;vv Ai>K'fA^'<'A'A:^-*k^^':l.-M JfiAi .>?\4\ .«I. .'y:'Koi'Gnittyj

lo !r)i7i)>; ;nij £ti b^ttnilxro vJnb xi9»d snivAxf .rslniti'j .'d -J at' ;!/.-■'dJ hu,»i[n P'V^V^ûu .eoi'/rss Miis tiBnaU bih ,«am)<^

Of the specification,.. iL; axtJ.lJJoJii.iu ivx ,.'i^T -loO. j£.*airi a«toi)*J Jf,.f9mliyi' Of the charge, «iu>«a3dt»aqq/4.-ioi Ivifiq.a-uJIoLfi'wtKi/-'

SENTENCE.

"To forfeit all pay and allowances that may be due hhn; to be confined

at hard labor in charge of the guard for six (6) months, and to forfeit ten <10)

dollars of his monthly pay each month for the same period."

M

f»

a Jth V. S. (\ivalrv. <.n the fol- Uh. Chillies li. Utatoii. I'riviitf I Trooii,

Idwinj,' chiiri^'es und specitioatioiin: (,'HAKGE l«t iJfseiiiiiii.

Si>er[l\cid't()ii 111 this, that he. Charles B. Heatoii. Private I Tioop, 7th r. S. Cavalry. havm<,'been duly enlisteil in the serviee of the United States, (lid desert said service, and remain absent therelidin until apprehended near Pneblo. Col. Ter.. f)n or about the 19th ol March, 18(;7. Thirty dollars reward paid for apprehension.

This whilst on detached service, f^jnardin^' the mail statiiin at Cheyenne Wells. Col. Ter.. on or about the f!th of March. \H(u.

CHARUE "Jd -Ijtrctii!!. Spi'i-in<-(ifi<,ii In this, that he. Charles B. Heaton, Private I Troop, 7th

C. S. Cavalry, did steal and take away one ^ 1) horse and a complete set of equipments, arms and accoutrements, the property of the United SUttes. This whilst on detached service, fûardinj,' the mail station at Cheyenne Wells. Col. Ter.. on or about the (Uh of March. lS(i7

To the spfciticatiou 1st cliar< To the 1st charjê To the speciticatiou 'li\ char<< To tlle -2(1 .-h.-irue

<i,uliy. Oaili'y. ihiUin.

FINDINO.

Of the speciricatioii 1st i-harLfe contirms hi.-- jjea i.ud Muds liini (inUiii Of the 1st cliarjê. GnVii Of the speciticatiou ^l^\ cliar;^'e contirms his jile;'. ard finds liini. . . <ituh Of the 2(1 chari,'e ' (jn't <..■

SENTENCE.

"To forfeit all pay and allowances tnat may be due hini; to be disliom . :ibly dischariêd the .-ervice (1 the United State, and to I e confined in su' ' Idisoii as the Commanding (Tcncial may desij^nate, for two years."

5th. -Henry Robbins, Private I Trooj). 7tli U. S. Cavivlry. o-.i th- folio, iuj,' charj,'es and s]>e"itications:

CHAK(iE 1st -iM.srrtio.i. Specifii-dl'iiiii In this, that he. Henry Robbins. Piivafe I Tr(.(.p, 7th V.

S. Cavalry, having' been duly enlisted in the servi^.' of the United StiUes, (lid desert said service, and remain aV)sent therelVom until apprehended near Pueblo. Col. Ter.. on or ab(uU the litth day of March. 1H67. Thirty dollars reward i)aid for his apjirehen.sion.

This whilst on detaclied service, ^'uardin^' the nu'.il ■ '^.ition ut Oheytnn<: Wells. Col. Ter.. on or about the (ith of March. \>iû.

CHAKCIE 2d ~L<(rr<iii/.

.'Îierijicdtioi,—In this, that he. Henry EobV)ins. Private I Tr<K>p. 7th U. S. Cavalry, did steal and take away, while in the act oi desertiuf^ tli( service, one (1~! horse and a complete set of eqiiipnuiUs, aims and ucou- treiuents, the property of the Ihiited States.

This whilst on detached service. f,'Uft:-dinfi; the mail station at Ca(^:Yennc Wells. C. T.. <m or about the (ith of March. 18(;7.

To the specification, 1st charge, Til the 1st chari'e

','tiHif. <xmiUj.

'%i

L4J To the specification. 2cl charge, Uniltq.

except the words ••arms and accoutrements." To the 2d charge, (ixnliif.

FINDING.

Of the specification 1st charge, confirms his plea and finds him. . GxiUy. Of the 1st charge, confirms his plea and finds him (TniUi/. Of the specification, 2d charge, Guiliy.

excepting sabre, cartridge box and belts. * >f the 2d charge, Gniliy.

SENTENCE.

••To forfeit all pa}' and allowances that may be due him; to be dishonorably discharged the service of the United States, and to be confined in such prison as the Commanding General may designate, for two (2) years."

6th. Joseph H. Clarke, Private I Troop, 7th U. S. Cavalry, on the folio v.'ing charges and specifications:

CHARGE 1st—Desertion. Specification—In this, that he, Joseph H. Clarke, Private I Trooj), 7tli

U. S. Cavalry, having been duly enlisted in the service of the United States, did desert said service, and remain absent therefrom until apprehended at Henshaw's Station, Kansas, on or about the 12th day of Ajn-il, 1867. Thirty dollars reward paid for apprehension.

This at Fort "Wallace, Kansas, on or about the 11th of April. 1S67.

CHARGE 2d—Larceny. Specification—In this, that he, Joseph H. .Clarke, Private I Troop, 7th

U. S. Cavalry, did steal and take away one (1) Spencer carbine and one (1) Remington revolver, the property of the United States.

This at Fort Wallace, Kansas, on or about the 11th of April, 1867. PLEA.

To the specification 1st charge, Guilty. To the 1st charge, Guilty. To the specification 2d charge, Guilty.

except the word "carbine." To the 2d charge, (ruilty.

FINDING.

Of the specification 1st charge, confirms his plea and finds him .... Guilty. Of the 1st charge, confirms his plea and finds him Guilty. Of the specification 2d charge, Guilty.

excei^ting Spencer carbine. Of the 2d charge, Guilty.

SENTENCE.

•'To forfeit all paj- and allowances now due him; to be dishonorably discharged the service of the United States, and to be confined for one (1) year in such prison as the Commanding General may designate.

7th.—Isaac A. Steele, Private I Troop, 7th U. S. Cavalry, on the following charges and specifications:


Specification—In this, that he, Isaac A. Steele, Private I Troop, 7th U.S. Cavalry, having been duly enlisted in the ser\ace of the United States, tli«l

ilesert said sen'ico, and remain absput therefrom until ajiprehended at Henshaw's Station, Kansas, on or about the Uth of April. 18()7.

CHARGE "Zd—Lnrceny. Speeificathm —In this, that he, Isaac A. Steele, Private 1 Troop. 7th IT.S.

(4ivaliy, did steal and take away ■while in the act of desertiufj; the service, oiie(l' Spencer carbine and one ,1) Eemin<<tan revolver, the property ot the United States.

Thi.s at Fort Wallac-e, Kansas, on or al)i>nt tlic lltli if April. IHC".

PLEA.

To the specilication 1st charge, . UnUli). To the 1st charf,'e, (inilty. To the specitication ■2d charge, Xot Onilfy. To the 2d charge, V,./ i;„;ihf,

FIXDINCJ.

Of the specitication 1st charge, confirms his plt-a and finds liini . . UHilly. Of the 1st charge, conlirnis his plea nud finds him fruiHy. Of the specitication id charge A«/ Guilty. Of the 2d charge Xnt (iuHty.

SEN'TEXC'E.

•'To forfeit all pay and allowances that may l)e due him: to be confined at hard labor in charge of the guard for six (fi) months, and t(» forfeit ten 110 dollars of his monthly pay each month for the same period.'"

8th.—Amos Ives, Private I Troop. 7th V. S. (' ivalry. on the following i-harges and specifications:

CHARGE 1st —Coiuhtct to llieprejudice <if ijood order and inUltury disciplJne.

Specif radon —In this, that he, Amos Ives, Private I Troop. 7th U. S. Cavalry, a duly enlisted soldier in the service of the United States, did feloniously steal from Aaron Kan. Private of same Troop an.l Regiment, one (11 Spencer carbine, valued at fifty dollars, (SoO. 1 the projjerty of the T'liited States.

This at Fort Wallace, Kansas, on or about the 25th day of December, IH(U').

CHARGE 2d— Violation (>f the '38th Article of War. Specification—In this, that he, Amos Ives, Private I Troop, 7th IT.S. Cav-

iiliy, a duly enlisted soldier in the service of the United States, did sell or other^\ise dispose of one (1) Spencer carbine, valued at fifty dollars, ($50,) the property of the United States.

This at Fort Wallace, Kansas, on or about the 25th day of December, IHOfi.

PLEA.

To the specification 1st charge, . Xoi Guilty. To the 1st charge, . Xot Guilty. To the specification 2d charge Xot Guilty. To the 2d charge Xot GuUt'y.

FIXDIXCi.

Of the specification 1st charge, Xol Gnilty. Of the Ist charge, Xot Guilty. Of the specification 2d charge, Xot Guilty. Of the 2d charge, Xot Guilty.

Vnd the Court does therefore ac(piit him.

i-l^rtii-.iT-reViC*

Dth. - Saiunel li. Cox, Private Co. I). :i7tli U. S. luliuitrv. on the lolluw- iiiL,' charj^es aiul specifications:

CHAKCJE Ist Desertion.

SpvvJfiadUni - lu tliis. that lie, Saiimel B. Cox. Privatf Co. 1), :j7th V. S. Infautry, having been dnly enlisted in the service of the I'nited States. did desert said service, and remain absent thereir(ini until apprehended near Kiowa, C. T., on or about the •24th f>f March, 1867.

This whilst on detached service, guarding the mail station at Cbeveune Wells, C. T.. on or about the 4th of March. 1867.

CHARGE 2d - Larceny.

Specifiadioii in this, that he, Hamuel B. Cox, Private Co. D, 87th V. S. Infantry, did steal and take away, while in the act of deserting the service, one (1) horse and a complete set of equipments, arms and accoutrements, the property of the United States.

This whilst on detached service, guarding the mail station at Cheyenne Wells, C. T., on or about the 4th of March, 1S(;7. Thirty dollars jiaid for apprehension.

PI.E-.

To the speciticatii'ii 1st charge Guillji. To the 1st charge. , tiui'tij. To the specitieation 'id charge,. (jiulty.

except the word.s -and a coni]ilete set of equipments, aims and accoutrements."" To the -id charge- dnlliLi.

FINDING.

Of the specification 1st charge, confirms his plea and finds him liaUtij. Of the 1st charge, confirms his plea and finds him OiilHy. Of the specification 2d charge.. GuiHu

except the words ••arms and accoutrements." t )f the 2d charge '-•. 'r

'T( SENTENCE.

forfeit all pay and allowances that may V)e due him; to be dishoncn- ably discharged in such prison ; vears."'

the service of the ,s the Commanding

United States, and to be confined General may designate, for two (2)

tl. lOth.—Charles W. Warren. Private I Troop. 7th U. S. (Vividrv. following charges and specifications:

CHAiUiE 1st- Desertion. Speeijicntioii'-lu this, that he, Charles W. Warren, Private I Troop, 7th

U. S. Cavalry, having been duly enlisted in the service t f the United States, did desert said service, and remain aV>sent therefrom until apjnt- hended on Big Blue river, about twenty miles north of MauhattHu, Kansas.

This at or near Fort Kiley, Kansas, on or about, the ()th day of March, 1867. Thirty dollars paid for apprehension.

CHAE(iE 2(\~ Ixirceny.

Sperijifuiiim -lu this, that he. Charles W. Warren, I Troop, 7th I'. ^ Cavalry, having been duly enlisted in the service of the United States, did desert said service, stealing and t:iking away with him one (1) horse aiul H complete set of eqi\ipments, arms and acc'outrements. the property ot th' Ignited States.

This at or near Fort Riley. Kani^ds, on or libout the Tilh day of March. 18()7.

ri.KA.

Tothe specification. 1st char^'c . . ..;.j...,v •U.i.-.r,'. , .liU.ul. .^wii,.. (TalKi/. To the. Ist char<j;e uiias.-ÎuL.uos'J.-âi'iJicf.-y.iifiv- .(ruiliy. To the speciticrttiQu.2d. cMrge,.....;iiiniii/ia .,»!>i'«'uv,bum Ji-wJ/ .Li:; GuiHy. Tothe M chaigejiwi.ji .f»t»kifl.'(la*7>j. Jjjimlfi.:i&irjn.&viil.. .jÛI. jui .(JiiiUi/.

Of the speeiticatiou 1st charge, contirnis his plea ami liuds him .... Ijiiilifj. Of the 1st charjj;e, contirni.s hifi plea and timls hiiu Guilty. Of the speeiticatiou "2(1 charge, coutiniis his plea and tinds him . . (iuUiij. Of the '2(1 charge, confirms his plea and tinds him Guilii/.

SEXTEN'CE.

■Tq.forleit all pay and allowances that may V)e due him; t> be discharged the service of the United States, and to be confined in snch prison as the Commanding General may de.signate. for two (2^ years."

11th.—Andrew Steele. Private I Troop. 7th U. S. Cay^;j:,,pii.Ui9,i fol-

lowing charges and specitications: ;-Mri-j fjC' jfoi/«.')di;»ifjK &di CHARGE 1st- DeseiHon. '• '• ' ' ' ''

Specijimtio)!—In this, that he, Andrew Steele, Pnvate I Troop, 7th U. S. Cavalry, havmg been duly enlisted in the service of the Ignited States, did desert said .seiTice, and remain absent therefrom until apjirehended on Big Bine river, about twenty nnles north of JIanhattan. Kansas.

This at or near Fort Riley, Kansas, on (tv aV)out the CAh day of March. ]8fi7. Thirty dollars paid for apprehension.

('H.\RfiE '2d~ Lnrcfiiy. Sjjfci^cniitii -In this, that he. Andrew Steele. Private I Troop. 7th IT. S.

Cavahy, having been duly enlisted in the service ol the United States, did desert said service, stealing ami taking with him ont' (V- horse and a complete set of e(pii|)ments, arms and accoutrements, the property of the United States. ^Jhisat or neai-^Fort;^:|n.^-.^Kan8a«, on or ■'^^%t^^,^MlL.^h^f^.9h.

Tothe speeiticfttion l«t ehft^^^4^.=^^•^ft^',V'>i*î.'yf.'*.^.^X'?S. J?.^.'-*.'=.'^X :<-hnlf-i/. To the 1st charge .utA. ^^LfttiH.Ji.aaMHl .^-uiI'J. JcLdqafiltniity. To the specitication 2d (^\^rge,^.,j.,i. ^.^jatwîy&K-iMhilf. •,'»l'f.rtb•.^"%- To the 2d charge . ,^.,j. ,.^ . .^.^.^„ V;:,f;:h:J :^TTTr:^'*'"^-

rrNDiNG.

Of the specitication 1st charge, confirms his plea and linds him 'ruilty. Of the 1st charge, GiiUti/. Of the specification 2d charge, continns his jjlea and finds him Guilty. •>f the ^2a charge,;. .•.■. .■; '.<. A . V.".'. rr-."':'.^/'. .VVV; i\ .-. Guilly.

; aril [JUJ; .)i -ri ni •! J^JIJJ^J^^ ORAIO »b»9 oi hlO')?»t orfl*

■■To forfeit all pay and allow;anceSi that may be due liim; to be dishonor-

■M\ discharged the .service of the United States, and to be confined iu' sucn prison u.s the Commanding General may designate, for two (^^ years." ' ""~ ""^ ' '" ^ '""

[8] 12tb.—Mich.fl McGowaii, Private I Troop, 7tli I^. S. Cavalry, on tin

iullowing charges and specifications:

CHAKOE Int —Desertion. Sjiecin<'((lion—In this, that he, ^Vlicha^l McGowan, Private I Troop, 7tb

U. W. Cavalry, having Ijeen duly enlisted in the service ()f the United States, did desert said service, and remain absent therefrom nntil apprehended on Big Bine river. aV)ont twenty miles north of Manhattan. Kansas, on or ab )ut the r)tli day of March, 1<S()7. Thirty dollars paid for apprehension.

CHARGE 2(\-- Lirceny. (S/(ec;/7c (^/o;( -In this, that he, Michiel McGowan, Private I Troop, Ttli

U. 8. Cavalry, having been duly enlisted in the service of the United States, did desert said service, stealing and taking a\\ay with him one (1) horse and a complete set of arms and accoutrements, the property of the United States.

This at or near port Rilev, Kansas, on or abont the Gfh day of March. 18(17.

PLEA.

To the specification 1st charge, <iniltij. To the 1st charge, (hiilty. To the specification 2d charge >.T>t!Hy. To the 2d charge, '. (iuUiy.

FiXDixo.

Of the specification 1st charge, coafinus his plea and findshiui . ...(rnilly. Of the 1st charge, (Juiliy. Of the specification 2(1 charge, liuiUij. Of the 2d charge '. (JnUiij.

SENTENCE.

•'To forfeit all pay .lud allow.mces that may be dua him; to be dishonorably discharged the service of the United States, and to be confined in snch prison as the Commanding General may designate, for two year^.

II.. . .The proceedings, finduigs and sentence, in the foregoing case ot Private Frederick Schwab. Co. I, 7th U. S. Cavalry, are ajiproved, and the sentence will be duly executed.

In the cases of Privates William Hansell, Charles B. Heaton, Henry Rob- bins, Joseph H. Clark, Isaac A. Steele, Amos Ives, Charles W. Warreu, Andrew Steele, Michiel McGowan, Co. I, 7th U. S. Cavalry. Peter Bishoff, Co. E, 3d U. S, Infantry, and Samuel B. Cox, Co. D, 37th U. S. Infantry. the proceedings, findings and sentences are disapproved.

The record in the foregoing cases does not show that the Court ronvmeiJ

pursuant to the order constituting it, nor that it was organized as the law requires, which defects are held to be fatal to the validity of the sen-

tences. The record in ewh case must be complete in itself, and the fact that the Court was duly organized cannot be made out by reference to a previous record in the same series. When the record merely states "tlit Court being in session proceeded, itc," it does not sufficiently sctiorththi

organization of the Court.

The Conn .'iiulJudgt Advocaic arc churgeablo \\ itli great cardossness and negligence in allowing these pi isouers to escape a most merited punishment on acpount of such a defect in the record. EiTors of this kind are iiiexcuKable. It being impracticable to re-assemble the Court without in- terferiu.; with th j operations of troops, the prisoners will be released from lontinonicnt and returned to duty.

Ill... . The (reiieral (Jourt Martial of which Brevet Brigadier General P. I A M"KRisoN% is President, is hereby dissolved.

IV Before a General Court Martial convened at Fort Wallace, Kansas, July 4, 1887. pui-su,\ut to Special Field Order No. 6, Headquarters De- partment of the Missouri, and of which Captain M. W. KEOGH, 7th U. S. Cavalry, is President, were tried:

1st. Dawsoii Cain, Sergeant (,V>. D, :(7tli ['. S. Infantry, on the following charge and specification:

CHARGii,- Jlisbehacior hefore the fiietny.

i^'perijicatioii In this, that he, Dawson Cain, Sergeant Co. I), :^7th U. S. Infantry, did misbehave himself before the enemy, while on escort duty with 0. M. stage from Fort Wallace, Kansas, to Big Timber Station, (.". T.

This at or near Big Timber Station, C T., on or about the loth day of June, 1867.

ri.EA.

To the spocilication Sot <xumy To the charge,. Xot Ouilty.

HXDING

Of the specification: Sol u-uilty Of the charge. Xot Ouilty


2d.—William Hamlin, Sergeant I Co 7th U. S, Cavalry; ou the folloNviug charge and specification:

CHA KiiK '. 'uwanlict. Spefinodmn That he. Sergeant William Hamlin, I Troop, /ili I ^^. t.av

airy, did shamefully misbehave liim>^t-lf before the enemy, in an engage- ment with Indians near Fort Wallace, Kansas, on or about the •if.th dav ol June, 1867.

PLEA.

To the specification, S'ot Guilty. To the charge.... Not Guilty.

FINDING.

Of the specification, . Guilty. Of the charge, . . Guilty.

SKNTENCE.

"To forfeit all pay now due him except the just dues of the sutler and laundress; to be dishonorably discharged the service of the United States, and to have his head shaved and drummed out of camp,"

III'' iU)''

■l-il

[lo: V. . .. The proceedings aud findings in the foregoing case of Sergeant

Dawson Cain, Co. D, 37th U. S. Infantry, and the proceedings, findings and sentence in the case of Sergeant William Hamlin, Co. I, 7th U. S. Cav- alry, are disapproved.

The record in the foregoing cases does not show that the Court convened pursuant to the order constituting it, nor that it was organized as the law requires, which defects are held to be fatal to the validity of the sentences.

The prisoners will be released from confinement and restored to duty.

VI. . . The General Court Martial of which Captain M. W. KEOGH, 7th U. S. Cavalry, is President, is hereby dissolved.


CHAUNCEY McKEEVER, Assistant Adjutant Oeneral.

Ill

OFFICIAL :

Captain and Ading Judge-Advocate.

..

G. U M.

]. Isiulor Alexaiuler, rrivute Co. E, 19tli V. S. InliintiY. I I 2. Isiulor Alexander, Priviite (^). E. litth U. S. Iiifaiitn.

:>. Simon Geinier, Private Co. E. IWth U. S. Infantry. i Simon (leinier. Private Co. E, I'.tth U. S. Inlantiy. .-,. Charle.s H. Wilson, Private Co. E. lyth U. S. Infantry. c. .lohn Dickson. Private Co. E, 19th U. S. Infantry. 7. Richaril 15. Bull. Private Co. E. 19tli U. S. Infantry.

HEAlX^CARTEllS DEPARTMENT OF THE MISSOIKI. FoKT LE.WExwoiriH. l\\\K\s Anitnst l:i. IHCil

(iKNF.U.VI, 0H1)EJ!S. j

No. 121. \

1. . Hi'tore a (i>iK'ral Court Martial convtiied at Fort (iibson, Chevo- krc Nation, May 1(». 1H(;7, pursuant to Special Orders No. '24, current siiics, Headquarters 4th Military District, and of which Majiu- PIXKNEV

LrcJENHEEi,. U. S. Army, is President. v,/re arraif,'ned and tried:

1st. Isador Alexander. Private Co. E. l!»th V. S. luf-inti, ,„i tlic fi.l- liiwiiif,' cJiMr^c and spccitii-ation:

CHAI;(-:E Uisdiii.ii.

>p:'clj}r(itii}i( In this, that he. the said Isador Alexawdi'r, Private Cu. E, l!)th V. S. Infantry, a duly enlisted soldier in the service of the United Stiites, did desert the said service, from the camp of his company and re^'iiiient at Fort (Jibson. Cherokee Nation, on or about the night of the 16th of February, l^i(>7. and did remain absent from .said service until iirrested as a deserttr at Double Spriiij^ Creek, about twenty f2(t) miles tVoiu the Post of Fort (libson, C^herokee Nation, on the I9th day of Fclmiary. 1M()7. Thirty dollars (*3()) paid for apprehension. .

n T(i the specirication. Til the charge

Ot the speciticatjoii. I »f the charge

, (f II 111 I/.

(,-nlly. OIIIH'I^.

SENTENCE.

Til refund to the United States the thirty dollars (s;{0; paid for his

iil'preheu.sion; to be confined at hard h.bor under charge of the guard for the period of six months; to forfeit twelve dollars of his ]iay per month liming' this ])eriod. and then to be returned to duty in his company."

1^^. 2(1. -Isador Alexiiiulei-. Piiviito Co. E. VMh V. S. riifnutiv. mi tlu tul-

le pwiut,' chiir^'t' and specification:

('H.\U(;E JtfKirtUii,.

Specijicatioi) III this, that he, Isador .-Vlt'xandin', a Pri\at«' of Co. E, iOth V. S. Intantry, duly enlisted in the sen'iec of the ITnited States, did desert the s dd service a second time, from the camp of his company at Fort (xihsou, Cherokee Nation, t'ne 14tli day absent from said servic? until d divered ui) as ('iierokee Nation, the lllh day of May. iHfJT. c ir api^reheusion.

f May. lH<i7. and did remain I prisoner at Fort (rihsoii,

lollars ^?<:^()) paiil Tlurtv

'To the specification,. To the chariic (;

'■,11,1. liliij.

ill ill IJ.

FIXI)IN<;.

< )f the specification, ()f the charge, (riiUfy.

SKNTENCK.

■•To refund to the United States the thirty dollars paid for his ajiprc- hensiou; to be confined at hard labor under charjj;e of the guard, with shackles attached to his legs, (to pi-ev.uithis deserting,) for the period of twelve m(mths; to forfeit ten dollars per montli of his pay for the same period, and then to be returned to duty in his company, 'i'his sentcnci- to conimen(;e at the termination of a tornier sentence for desertion."

th '■id. Simon (jrcimer. Private (\>. E. I'.Hli V. S. Infantry, ing (charge and specification:

CH.\ltOK JhSfliioh.

Spei-ljicittioit In this, that he, the said Simon (leimfr. Pi'ivate Co. E. PHh U. S. Infantry, a duly enlisted soldier in the service of the United States, did desert the said sei"vice from the camp of his c(uupaiiy and regiment at Fort Gibson, Cherokee Nation, on or about the night of the l*jth of February, 18*)7, and did remain absent from said service niilil arrested as a deserter at Double Si)ring Creek, about twenty (20) milts from the Post of Fort (ribson, Cherokee Nation, on the T.»th day of Febnrarj', 1867. Thirty ilollars (^'M)) paid for ajipreliension.

To the specification. To the charge,

Kilty. lulil/.

Of the specifi(;ation. Of the charge,

ij^uiHy. (jiiJliji.

SENTENCE.

"To refund to the United States the thirty dollars paid for his ai)prehension; to be confined at hard labor under charge of the guard for the period of six months; to forfeit twelve dollars of his pay per mouth during;

this 2>eri()d, and then to be returned to duty in his company."

4th. Simon Geimer, Private Co. E. l!Hh T". S. Infantry, on the f()ll.>«- ing charge and specific^atiou:

[■\

('HAKiiK l)eseri'i:

111 this, tliiit he, Sii SjX'c'iJlciltii'ii 111 tills, tllllt lie, tSllHOll (ieillHl, il I'livjitc nf ('(1. K. I'.Hli r. S. Infantry, (hily enlisted in the service oi the United State s. did desert the siiid service ii second tinii', i'roni the ciunp of his conipaiiy at Fort (iihsoii. Cher kee Nation, on the 7th day of May, 1(S('>7, and did remain absent from said service nnt.il delivered np as a [nisoiier at Fort (iihson, Cherokee Nation, on the !»th day of May. \H(M. 'I'hirty dollars {^'M)) jiaiel lor ai)i)reliensioii.

Pl.EA. 'I'll the specitication. linilty. Til tlie chart^e . (fidHif.

Of tlie specitication. Of tlie (•har''e. I rum,I.

SENTENCE.

•To refund to the United States the thirty dollars paid for his aj)pre- heiision: to be confined at hard labor under charj,'e of the <;nard. with shackles attached to his le<^s, (to prevent his desertnij^,) for the jn-riod of twelve months; to forfeit ten dollars of his pay per mouth for tiie same period, and then be returned to duty in his company.

This sentence to comme'icf at tbe termination of a former sentence for

ilt'sertioll."

r)th Charles H. Wil.son. I'livatc Co. K. I'.lth U. S. Infaiitrx. on the lol- lowiii}:; charjie and sjiecitication:

CH.\I!OE- Ihseiihiti. SjH'cifiniti,,), In this, that he, Charles H. Wilson, a Private of Co. K.

lilth U. S. Infantry, duly enlisted in the senice of tiie United States, did desert the said servi<-e from the canij) of his ccimpany at Fort (Jibson, Cherokee Nation, on the 7th day of May, lHr)7, and did remain absent from said service until delivered up as a prisoner at Fort (TiV)son. Cherokee Na- tion, on the !tth dav of Mav. ]K(i7.

To the specitication. To the char^je

"f the si)ecitication. Of the chartre

'htiilt/. (iiulf'j/.

(r'I III I/.

(I'nll'n.

SENTESCK.

"To be (Mjiitined at hard labor under charfite of the •^uard foi- the jieriod I>t six months: to forfeit twelve dollars of liLs pay per month durin;,' this (leriod. and then to be retuiuied to duty in his c(niipany.'"

Cth.^.Tohn Dickson. Private Co. E. l!»th U. S. Infantry, on the following' I'harge and specifications:

CHARGE —Comhu-t U> Ihf prejiolice of ijootl order untl inilUitri/ disfiplhn ■ Siycdfiration l.s^—Inthis. that he, John Dickson, a Private o{ Co. E. I'.itli

I • S. Infantry, did. without any ]irovocatioii. wilfully and maliciously as-

m

0V.

sault, iuid in a uowaidly uiaiiiier strike Serf^eaiit Isaac Fox, Co. E, IDth V. S. IiifaiitiY, thereby causing serious injury to the said Sergeant Isaac Fox.

This at Fort Gibson, Cherokee Nati(ai, on or about the 4th day of April is(;7.

Sper'fic'd'ion '2<l —In this, that he, John Dickson, a Private of Co. E, 19tli r. S. Infantry, did make use of the following langxiage to Sergeant Isaac Fox, Co. E, 19th U, S. Infantry, to wit: "you son of a bitch! I have got it ill for some of you fellows, and I have a mind to j)unch you!" or words to that eli'ec't: and thereupon did assault and strike the said Sergeant Isaac Fox.

This at Fort (ribsoii. (^lierokee Nation, on or aV)out the 4th day of April. 1S(;7.

To the 1st specitication, Ao/ (Juilli/. To the '2d specification, Xat Guilty. I'o the charge Gu'dti).

Gitlil}/. rious injury to the said Sergeant

Of the 1st specitication, except the words ••thereby causin Fox."

()f the 2d specification, Guiliy. < )f the charge, (htiUji.

SENTKNCE.

"To be confined at hard labo:- under charge of the guard for the period of three months, and to forfeit ten dollivs of his j)ay per month during the same p-^riod. '

E. 19th r. S. Infantry, on tlu' fol- 7th. -Richard 15. Bull. Frivat ■ C( lowing charges and specifications:

,1 Cnlh, CHARGE 1st —SfHiiiij Gm-f

Speciji, (li'ioii III this, that he. Ilichard -B. Bull, a Private of Co. E. 19tli U. S. Infantry, did sell or dispose of to one Albert Barnes, a citizen of the Cherokee Nati(m, certain (Tivornnieiit clothing issued to him, to wit: cm (1) great c;)at, (Infantry,'' and one (1) pair of trowsers, (Infantry.)

This at Fort (Tibson. Cherokee Nation, on or about the 12th day of Feb- ruary. 18()7.

CHARGE 2d — ('oiulnct to the prejndlcc of (JODII nnlcr mul inUitdrii (liscijilhic.

Specification—In this, that he, Richard B. Bull, a Private of Co. E, 19tli U. S. Infantry, did sell or dispos.^ of to one Albert Barnes, a citizen of the Cherokee Nation, certain Government clothing, issued to him, to wit: one (1) great coat (Infantry.'' and one pair trowsers (Infantry.')

This at Fort Gibs(m". Cherokee Nation, on or about tliV bitli day of Feb- ruary, 18()7.

To the specification 1st charge, Xot GulUij. To the 1st charge, Sot Gnilln- To the specification 2d charge Sot OuUty- To the 2d charge Giiilln.

[5]

Of the specification 1st charge, Ouilty. Of the 1st charge, Guilty. Of the specification 2d charge, OuiUy. Of the 2(1 charge, Guilty.

SENTENCE.

I A "To refund to the United States the sum of sixteen (h)Ilars and Sfventy- five cents, being the vahieofone nnilbnn ovtircoat, (Infantry,) and one pair of uniform trowsers, (Infantry,) and he confinj'd at hard labor under charge of the guard for three months."

II.... The proceedings and findings in the foregoing cases of Privates

Charles H. Wilson, John Dittkson and Richard B. 15ull,J,;o. E, lilth V. S. Infantry, are approved, and their sentences will be duly executed.

In the two cases of Private Isador Alexander, Co. E, 19th U. S. Infantry, who was tried for desertion and repeated desci-tion, the proceedings, findings and sentences are approved in each case, except so much of the sentence in the second case as directs the wearing of shackles, which is dis-

approved, The sentences with this exception will be carried into effect. In the two cases of Private Simon Geimer, Co. E, 19th U. S. Infantry,

who was tried for de.sertion and repeated desertion, the proceedin;;;. findings and sentences are approved in each case, excejjt so much of thi' sentence in the second case as directs the wearing of shackles, which is disapproved. The sentences with this exception will l)e carried into ettVct.

III... .The General Court Martial of which Major Pinkney Lngenbeel. U. S. Aiiny, is President, is hereby dissolved.

Bv command of M.A.Tou (TENEK.\I> H.\NCOCK:

CHAUNCEY McKEEVER. Asuistdnt Adjutant Gfiientl.

OWICUL:

/^^.^^:!l-^^gc^^^x.^^6^L^y^

o thptmn nnd Actbuj .ludtje Advocnte.

1 ill 1

1 ii 1

G. C. M.

1. W'illiiiui Dush, Corporal Co. I, 3d U. S. Infantry. 2. Tlicniiis Kint,'. Private Co. E, 3d U. S. Infantry.

HEADQUAKTERS DEPARTMENT OF THE MISSOURI, FoKT LE.VVENWOETH, KANSAS. August !(!. lH(i7.

(iENEKAI. ORDEKS. J

No. 12-2. j

I Befort a Oenfral Court Martial convened at Fort Lyon, C. T., April 15, 18(57, pursuant to Special OrdeiH No. 58, current series, from these Headquarters, and of which Brevet Brigadier General WILLIAM H.

PENROSE. Captain 3d l^. S. Infantry, i.s President, were arraigned and

tried:

1st.--William Uosh. (Jorporal Co. I. :id C S. Infantry, on the following' chiirges and spccilications:

CHARGE 1st— Xegled <>f duty.

Specijicii1i(>ii~ln this, that he, Corporal William Dosh, Co. I, 3d U. S. Infantry, having charge of an escort lor the stage from Fort Lyon, C. T.. to Fort Dodge. ICansas, and from Fort Dodge, Kansa.s. to Fort Lyon, C. T., did allow the men of the escort to get drunk and disorderly, and to neglect their duty, thereby endangering the lives of the escort and passen- i^ers (in the stage, lV)r whose jjrotection he and they were sent.

All this while on duty l)etweeu Fort Lyon, C. T., and Fort Dodge. Kan- sas, on or ahout the 7th day of May, 1867.

CHAKtJE 2d -Drunkenness on duty.

Sper.ijimtion—In this, that he. Corporal William Dosh, Co. I, 3d U. S. Infantrs', having been regularly detailed and j)laced in charge of an escort to aeconipany the stage from Fort Lyon, C. T.. to Fort Dodge, Kansas, and from Fort Dodge, Kansas, to Fort Lyon, C. T., did become so much under the intluence of intoxicating licpior as to be unable to properly perform his duties as conunander of the escort.

All this while on duty between Fort Lyon, C'. T., and Fort Dodge. Kan- sas, oil or about the 7tl'i day of May, IHO"?.

CHARGE 3d —DLso(>edlence of orders.

Specijiridi(m~-hi thi.s, that he. Corporal Wm. Dosh, Ct). L 3d U. S. In- fantry, having been placed in command of an escort for the stage from Fort Lyon. C. T., to Fort Dodge, Kansas, and from Fort Dodge, Kansas. to Fort Lyon, C. T., having received special ortlers from his commanding officer. Brevet Brigadier General Wm. H. Penrose, to keep the escort to- ,1,'ether and not allow them to .separate from him, and to guard against their getting intoxicating licpior, did allow them to get intoxicating li(pior .so that they returned to Fort Lyon, C. T., in a disorderly and riotous manner.

All this while on duty between Fort Lyon, C. T., and Fort Dodge, Kan- sas, on or about the 7tli day of May. 18()7.

CHARGE ith—LUmlnct preJiuHcial to ijood order (tud inUiianj di.scjpf'ini:

Specification 1st—In this, that he, Corporal WilUum Dosh, Co. I, 3(1 V. S. Infantry, havingf been placed in eomniand of an escort for the stage from Fort Lyon, C. T., to Fort Dodge, Kansas, and from Fort Dodge, Kansas, to Fort Lyon, C. T., did return to Fort Lyou under the influence of intoxicating li(pior.

All this at Fort Lyou. C. T., on o;-about th? 7th day of May, 18()7. Specification 2d—In this, that he, Corporal William Dosh, Co. I, 3d U. S.

Infantry, having charge of an escort for th.? stage from Fort Lyon, C. T.. to Fort Dodge, Kansas, and from Fort Dodgo, Kansas, to Fort Lyon, C.T.. when coming into the post of Fort Lyon. C. T.. and being challenged bv the sentinel on Post No. 2, did entirely disregard the sentinel, and proceell with the escort until arrested by the Otttcer of the Day.

All this at Fort Lj-on. C. T., on or about tlu' 7th day of May, 18G7. Specification 3(Z—In this, that he, Corporal Wm. Dosh, Co. I, 3d U. S.

Infantry, having reported to the comiuanding officer at Fort Lyon, C. T.. and being asked by the commanding officer why he had behaved so improperly while in charge of an escort from Fort Lyon, C. T., to Fort Dodge. Kansas, did answer in an insolent and unsoldierly manner: "I have sent iu my resignation and it was not accepted, and I was bound to have it accepted one way or another," or words to that effect.

All this at Fort Lyon, C. T., on or about tlie 7th day of May. 18(57.

PLEA.

To the specitication 1st charge, Xot (juHtij. To the 1st charge, . . Xat (TXIHI/.

To the specification 2d charge, \<it (inUttj. To the 2d charge, Xot dinlUj. To the specitication 3d charge, Not Guiltij. To the 3d charge, Not (jiiilfij. To the 1st specification 4th charge, Not GaUtij. To the 2d specification 4th charge,. Not Guilty. To the 3d specitication 4th charge, Not Guilty. To the 4th charge Not Guilty.

FINDING.

Of the specification 1st charge, Gniltij. Of the 1st charge, Guilty. Of the specification 2d charge, Guilty. Of the 2d charge, GuUty. Of the specification 3d charge, Guilty. Of the 3d charge, <Mlty. Of the 1st specification 4th charge, Guilty. Of the 2d specification 4th charge, Guilty. Of the 3d specification 4th charge Guilty. Of the 4th charge, 6!»«%.

SENTENCE.

•-To be reduced to the ranks as a private soldier; to have his stript!^ and chevrons torn off in the presence of the troops of the garrison to which he belongs; to be confined at hard labor in charge of the guard for four calendar months, breaking stone from ReveiUe to Retreat, allowing one hour for each meal; and to forfeit to the United States five dollars of his

monthly pay each month for the same period."'

[31 •2(1. Thomas King, Private Co. E. :?(! V. S. Iiil'iuitrv. on th.- tollowinj;

rharge and specification:

CHA.JtGi:—S1rih-i)i<i}ii-ts)(jjeni>r iijtii-er, in rlnhitlou (if tin- \\1}, Articlr of War.

Siperificafioii—In this, that he. Private Thomas King, Co. E. 3d U. S. lufantiT. did enter the quarters of Lieut. L. M. Hamilton. :}d U. S. In- fantry, and did then and there strike and beat \vith a sword f"ai)taiii Andrew Sheridan, 'id U. S. Infantry.

All this at Fort Kilev. Kansas, on (U- about the iitli ihiv of August. lH(;r<.

I'd the sj)ec'iticat' m. To the charge.

()tthe specification Of the charge

. .\<>l (iiiiUy. Xt)! (rviHj/.

FIN'PTNO.

SENTENCK. .

•To be confined at hard labor in charge' ul tin- i<uard fur six calendar iiKinths; to forfeit all i)ay and allowances now due or to become due, excepting the just dues of the laundress and sutler, for the same period: and ;it the expn-ati(ui of wliich time, to be dishonorably discharged, and 'In-.mnied out of the service in tht> jireseucc of the garris(ui to which lie lie'. >ngs."

II ...The i)roceedings. findings and sentem-e in the foregoing case of Coiponil William Dosh. Co. I. .Sd U. S. Infantry, are ap]ir<>vt'd. and the sentence will be duly exectited.

In the case of Private Thomas King, Co. E. 3d U. S. Infantry, the proceedings, findings and sentence are disapproved. The charge should have been laid under the 99th instead of the '.Hh Article of AVar. TTuder the latter Article it is necessaxy to set forth that the officer against whom the ofience was committed, was at the time • -engaged in the execution of hisoflice." Such allegation is not set forth in the specification to the charge, which is held to be a fatal defect. The prisoner \\\\\ be released from confinement and returned to duty.

III... .The General Co"rt Alartial of which Brevet Brigadier General W. H. PEKROSE, Captain 3d IT. S. Infantry, is President, is hereby dissolved.

By connnand of MA.TOB GENERAL HAKCOCK :

CHAUNCEY McKEEVEK, Asshftani Adjviard General.

OFFICIAL:

^ ^^L^< ^^IfyOiyjy! taptnin ami Ading Judije-Advocate.

G. C. M.

1. JoiUines (xniiul, J'rivatc Co. K, '.id V. S. Ciivulry. •2. WiUiiUii L. WiilttTs, Priviite (ô. K, 3(1 U. S. Cuvalry. H. John Smith, Privato (ô. M, 3(1 U. S. Cavalry. 4. John Ward, Private Co. M, 3d U. S. Cavalrj-. "). Henry Soaper, Pi-ivate (!o. C, 125th V. S. Colored Infantry.

\. qtjvwMMk'ôqkpk^ !^K»)C«ek|iV «k>. (L l^^>eit fkK, (\ik;ic«<^ Kflîuti^. 7. (leorge Eobin.sou, Private Co. B, 3(1 IT. S. Cavalry. I.: John Noonan, Private Co. 13, 3d U. S. ('avalr\.

HEADQUAKTEllS DEPARTMENT OF THE MISSDUKI, FORT LKAVENWORTH, K.\NSAS. Angnsl 19, 1867.

(TENKKAI, OKDKKS, 1

No. 1-23. j

I... Before a (ieneral (!onrt Martial convened at Fort Seldeu, X. M.. June 20, 1M()7, pursnant to Special Orders No. 119, cniTPiit series, from these Headquarters, and of which Brevet Major JOSEPH (T. TIT^VORD,

Captiiin 3d Cavalry, is President, were arraigned and tried:

1st. -Joannes Grand, Private ('o. K. 3d V. S. Cavalry, oji the following,' charge and specifications:

GRxnoEConduct prejudicial to (f(»nl order and militory ({iscipliue.

Specificrdion- ~ln this, that he, Private Joannes Grand, of Co. K, 3d U. S. Cavalrj', did, on or about the 3()th day of March. IHCT. without authority, convey or eaiTj' away from the (piarters of said company one blanket belonging to Private Owen Plunkett, of Co. K, 3d U. S. Ciivalrj-, which he, the said Joannes Grand, Private of Co. K, 3d U. S. Cavalry, sold to Pnvate Luther Hazel, of Co. F. 12r)th TT. S. Colored Troops, for five dollars.

This at Fort Selden, N. M., on or about the 3()th (hiy of April, 1H()7. Specification 2d—In this, that he, Private Joannes Grand, of Co. K. 3d

V. S. Cavalry, did, on or about the 8th day of April. 1867, without authority, convey or carry away from the (piarters of said company one pair of cavalry pantaloons, the property of James Walsh, Recruit. 3d U. S. Cavalry, which he, the said Joiinnes Grand. Co. K. 3d II. S. Cavalry, sold to John Lyle, of Co. F, 125th IT. S. Colored Troops, for five dollars.

This at Fort Selden. N. M., r>n or about the 8th dav of April. 1867.

m ri'^

liJet

ill'

I2J PLEA.

To the 1st specification, , Guilty. To the 2d specitication,. Gnill'y. To the charge, GuiHi/.

FINDING.

()f the 1st specitication, (•'ullty. ()t' the 2d sjjecification Gnilti/. ()f the charge, (Jnilh/.

SENTENCE.

••To be contined at hard hibor in charge of the guard for the period of sixty days, and to forfeit to the Unitsd States ten dollars per ni')nth of his inonthl)' pay for the same period."

•Jd. -William L. Walters, Private (^o. K. :!(1 IT. S. Clavalry, on the following charge and specitication:

(;H.\.E(iE -Coirlnct ijrcJHdirid' ti> (jooil onlfr and inUit'iry ilisciphnf.

Sperijifdlion-In this, that he, Private William L. Walters, of (Jo. K. .'idlJ. S. Cavalry, did, on or about the Hth day of April, 18()7. without authority, convey or carry away from the ipiarters of said company one blanket, the property of James Walsh, recruit, ;kl Cavalry, which he, the said William L. Walters, Private Co. K, ;kl U. S. Cavalry, sold to Sergeant ■Tames Really, of Co. F, 12.5tli TT. S. Colored Troops, for tive dollars, on time.

This at FortSeldeu, N. 'SI., on or about the Hth day of April. 18(17.

PLE.A.

To the specitication, Vo/ (riiiHij. To the charge \ot (hiUiy.

FINDING.

()f the specification, \ot (ruiltij, with the exception of the words "the said William L. Walters, Private

Co. K, 3d U. S. (Cavalry, sold one blanket to Sergeant James Really, CA\ F, 125th U. S. Colored Troops, for live dollars, on time." Of the charge, thiilfy.

SENTENCE.

■•To forfeit to the United States ten dollars per mo?ith of his monthly ))ay for three months.''

:kl. —John Smith, Private Co. M. :xd U, S. Cavalry, on the following; chai'ge and specification:

CH.\KGE—Mohilioti ()f fill' mth .\rtivk of W(tr.

Spfc'ificdiion—In this, that he, Private John Smith, of Co. M, ;id U. S. (Javali-y, did, while with a part}' sent in pursuit of a prisoner escaped from the guard-hoTise, become so driink as to allow the prisoner to escape, alter he, the said prisoner, had been captured.

This at or near Pinos Altos, N. M.. on or about the .")th day of May. 18fi7.

PLEA.

To the specification, -Vo' (Tiiilttj. To the charge, S<>f <^rvmy.

fa] 4th John Wiud. Private (late (Un-poral) Co. M. M V. S. Cavalrv, on the

following,' oharj^e and specification:

r-HAR<;E- VioUdioti (>ffh('4ijth ArVirlv of \V(tr.

Spcrificiilioii In this, that lie. Private (late Corporal) John Ward of Co. M. 'M\ V. S. Cavah-y, did, while in charf,'e of a party sent in i)ursuit of a prisouer escaped from the f,niard-honse, become so drunk as to allow his |iiisoner to escape alter he had captured linu.

I'his at or near Pinos Altos. N. M., on or about tJu'oth day of May, IHf>7. I'I.EA.

To the specification. (ruilty. Til the charf,'e dniUy.

F1ND1N(;. Of the specitiiatioii. dniUy. Of the ciiur^'e. UtiiU'y.

SENTENC) .

■To be contined at hard labor in charj^e of the ^'uard for ninety days, iiiid jilactid on a barrel in front of company (piarters for five days duriuf,' ciuh thirty, for twelve hours in twenty-four -two hours on and two hours dtf with a billet of wood on his shoulder weip;liint; twenty |)ounds, du- liuf,' his stand on V)arrel."

")th. Henry Soaper, Private Co. C. 125th V. S. Colored Troojis, on the followiiiL; charLjes and sj)ecitications:

CHAI!(IK 1st Disohnliciire (>f orders.

Sperifii-dfinii In this, that Private Henry Soaper, Co. C, 125th U. S.Col- iired Troops, on ••extra duty" in the (Quartermaster's Dej)artment at Fort Craifj;. N. M., when ordered by his sui)erior officer, Cor])oral -lanies (lore, Co. C, 12.5th r. S. Colored Troops, while in the execution of his office, having charge of the working party, to prepare earth for making adobes, did sav: "by Clod I will not do it!" or words to that efi'ect.

This at Fort Craig, N. M., on or about the 28th day of May, 1807.

CHARC.E 2d Conduct fo Ihe prejudice of f/oo<l order and mUiiary d'l.^riplbie.

Sperifr(diott In this, that Private Henry Soaper, Co. C, 125th U. S. Col- ored Troops, on '•extra duty" in the Quartennaster's Department at Fort Craig, N. M., when ordered by his superior officer, Corjxjral James Gore, Co. C, 125th IT. S. Colored Trooj)s. wdiile in the (execution of his oflBce, having charge of the working party, to prepare earth for making adobes, •lid say: -'bv (lod I will not do it!" or words to that effect.

This at Fort Craig. N. M.. on or about the 28th day of May. 18r)7.

PLEA. I'o the specification 1st charge, duiJIy. To the 1st charge GuMty. To the specification 2d charge Guilty. To the 2d charge. . . Guilly.

FINDING. Of the specification 1st ciiarge, i;,';'t„.

with the exception of the word "officer." Of the 1st charge, Guilty. Of the specification 2d charge, Guilty,

with the exception of the word "officer." Of the 2d charge. ('Uilty.

,1* I

[4] .SENTENCK.

"To bf coiitined iit hard labor in charge of the guard for the period of five months; five days in each month to stand iipi^nthe head of a barrel, with a billet of wood weighing fifteen i^ounds upoix his shoulders. Two hours on and four hours ofif, in each twenty-four of these days."

(Jth. —George Kobiuson. Private Co. B, 3d V. S. Oavahy. on the following charge and specification:

OHAKGE —Ckificlnrt prejndiciiti /o i/oiw/ ordu' dud lulHtart/ di.sripliin-. Siyccijicaiiim-In this, that George Kobiuson, a Private in Co. B, 3d U.

S. ('avalry, while on detached service and en route from FtJrt Selden, N. M., to Fort (^raig, N. M.. did without authority, and with felonious intent break open the store of Me. Hall, (Tovernmeut agjut at Paraji, N. M.

All this on or about the night of the Tith or the uuirniuL; of the l:Uli dax of June, 1867.

PLEA.

To the specification, \iit 'ruilly. To the charge. (rnlltif.

FINDING*.

Of the specification, \<>t ifuilty. Of the charge, coulirnis his plea and tinds him . (ruilly.

SEXTENC'E.

"To i^ontinement at hard labor in charge of the guard for one montli, and to forfeit to the ITnited States eight dollars of his monthly pay for tin

same period.""

7th.—John Noonan, Private Co. li. 'M\ V. S. Cavalrw on tin- follow iiii,' charge and specification:

CHAEOE (oiidiK'f prejudicial io ijovd itrdtr (Utd luilitury discipline.

Specification - In this, that John Noonan, a Private in Co. B, 3d Itegi- nient of ITnited Stiites Cavalry, while on detached service and en route from Fort Selden, N. M., to Flirt Craig, N. M., did, without authority and with felonious intent, break open the store of Mr. Hall, (iovernment agent at Paraji, N. M.

All tliis on or about the night of the Pith (U- the morning of the 13th day of June, 18(>7.

PLEA.

To the speciticiition, N"/ Uniliy- To the charge, (inilin.

FIN])IN<i.

Of the specitication, ''''<|".V- Of the charge, confirms his plea and tinds him fhiilitf.

SENTENCE.

'•To be coutined at hard labor in charge of a guard for a ])eriod ot six months, and to forfeit to the United States eight dollars of his monthly

pay for each month during same ])eriod.""

nU

[5] II.. .Tli« prdcetdiiiKw, lindinfifH and .sclltence^s in the foregoing cat-'fs

of Jtaj^SjeuBt Petu-KNt Tcafil»ki«m Privutes Henry Souper, Co. C, 125th U. S. Colored Troops, Joannes Grand, Willinni L. Wulters, Co. K, George Eobin non, John Noonan, Co. B, John Ward. (]!o. M, 3d U. S. Cavalry, are disapproved. The record in these cases does not show that the Court convened pursuant to the order constituting it, which is fatal to the

i ll validity of the sentences. It being impracticable to re-convene the Court for the correction of these errors, the prisoners will be released from continement and returned to duty.

In the case of Private John Smitli, Co. M, 3d U. S. Cavalry, the pra cecdings alone are submitted, without any findings or sentence; but as it not showni that the Court convened pursuant to the ordei- constituting it, the proceedings are disapproved. The prisoner will be released frr-i

confineraent and returned to duty.

Hy conuiiand of M.\.ioii (TENERAL HANCO<:K:

CHAUNCEY McKEEVEK. Ass-i.diti^i Adjxikint General.

OFFTCI-U.:

(iqidun iViui Ar.liiui JwUjt Advaraie.. I

««

^H ■ ■ 1 '*■

.K '

ii!

1 1: /i M -!■ H

If"

|lM|lJ

G. C. M.

R. T. Jackson, Forage Master, Quartermaster's Department.

HEADQITAKTEKS DEPARTMENT OF THE MISSOURI, FoET LEAVENWOETH, KANSAS, August 26, 1867.

GKNEIUL OKDEES, I

No. 125. f

1.,.. Before u Genei-al Court M.irtial convened at Fort Lsavenworth, Kiaisas, August 17, 18()7, pursuant to Special Orders No. 179, current series, from these Headquarters, and of which Brevet Major General AXFKED

GiBBs. Major 7th Cavalry, is President, was tried: U. T. Jackson, Forage Master, Quartermaster's Department, U. S. ^irmy,

on the following charges and specifications:

CHAEGE 1st—Fraud, hi violation of the ad of Congress mliVed "an act to pre- cent and punish fraud'! upon the Oocernineid," approved Mirch 21, 18GJ. Sper.ijication—In this, that R. T. Jackson, Forage Master, in the Quar-

teriuastei's Department of the U. S. Army, and while in charge of the inspection and receipt of public forage at Foit Leavenworth, Kansas, did, ill his official capacity, on or about the 8th daj' of September, 1865, mi'ke iiml deliver, or cause to be made and delivered to one David Mitchell, a ceitilicate, voucher or other paper, certifying in effect that .said Mitchell had delivered to the Government about thirty tons of Hay, on or about said date, when in fiict said Mitchell had )iot deiicered to the Government said h:iy, or any amount thereof, on or about .said date.

All this for thy purpose of aiding said Mitchell in obtaining pajTnent for the said haj', so fraudulently certified by .said Jackson to have been delivered, and with intent to defraud and injure the Government.

CHAEOE 2d—Xerilect (f duty. Specif cation 1st In this, that R. T. Jackson. Forage Master, in the Quar-

termaster's Department of the U. S. .Vrmy, and while in charge of the inspection and receipt of public forage at Fort Leavenworth, Kansas, did, in the month of November or December, 186(!, in his official capacity, refuse to receive from one C. H. Grover and one J. F. Taylor, (contractors for the delivery of hay to the Government,) and reject as unfit for use a certain quahty of hay offered by said contractors to said Jackson: that the identical hay so offered, rejected and refused, was afterwards, and on or about the same day accepted and received by said Jackson, in his official capacity, from one Mike Baggs, who had purchased the same from said contractors. Grover and Taylor, with the avowed intention of delivering and selling it to said Jackson, as said Forage Master, and for the use of the Govem- iiient.

I

IJ I I

>pe<-[li<'<itiini 'id - In this. tlj;it it. T. Jackson, Forage Master, in the Quar- termaster's Department of the U. S. Army, and while in ohar<^e of the receipt and inspection of forage at Fort Loavenworth, Kansas, did, duriu" the months of November and December, ISGC, in his ofiticial (nipacity, at different times make and deliver, or cause to be made and delivered to one N. Henderson and other contractors, certificates, vouchers or other papers, certifying in effect that he (the said Jack.son) had inspefie<l and received hay from said contractors, when in fact the said hay had been delivered to the Government without having been preriously inspected by said Jackson.

All this on the part of said Jackson, without having full knowledge of the truth of the facts stated in said certificates, vouchers or other papers, and with intent to injure the United States.

PLEA.

To the specification 1st charge, Not (huHy. To the 1st charge, Xnt Guiity. To the 1st specification ■2d (charge, Not Guilty. To the 2d specification 2d charge , Xot Guilty. To the 2d charge Xot Guilty.

FINMN<i.

Of the sijecificatioii 1st charge Not Guilty. Of the 1st charge, Xat Guilty. ()f the 1st specification 2d charge X'ot Guilty. Of the 2d specification 2d charge Xot Guilty. Of the 2d charge Xot Guilty.

.\nd the Court does therefore ac([uit him.

II. . . .The proceedings in the foregoing ease of Forage Master K. T. Jackson, are disapproved. The Record does not .s'how that the Court and Judge Advocate were sworn ••in the presence of the accused." The proceedings are therefore invalid. Forage Master Jackson having been acquitted will be restored to duty.

III. . . . The General Court Martial of which Brevet Major General ALtuKi) GiBBs. Major 7th T'. S. Cavalry, is President, is hereby dissolved.

Ev cojiimand of MA.TO]i GENERAL HANCOCK:

CHAUNCEY McKEEVEK. As.fislant Adjutant General.

OFFICIAL:

^^^^^.^. C^ . Captain and Acting Judge Admcale.

m

G. C. M.

1st Lieut. William Krause, 37th U. S. Inlantrv.

HEADQUARTERS DEPARTMENT OF THE MISSOURI. FORT LF,AVJ:NW()KTH. KANSAS. August 2H, 1H()7.

GENERAL OBDEKS, J

No. 12H. *

I... Before a (ri'ueral ('ourt Martial eoiiveiied at Fort Leaveuworth. Kansas, August 23, 18(57, pursuant to Special Orders No. 184, current series, from these Headquarters, and of which Brevet Major General J. W. DAVIDSON, Lieut. Col. 10th Cavalry, is President, was tried:

1st. Lieut. William Krause, 37th U. S. Infantry. f>n the following charges and specifications:

CHAKOE 1st—JJisobedioice of Orders.

Specijimtlon 1st ~ In this, that he, 1st Lieut. "William Krause, 37th U. S. Infantry, having been ordered by Sj^ecial Orders No. 148, current series, par. 1, Headquarters Fort Leavenworth, Kansas, to proceed in command of a detachment of the 37th Infantry, by rail on the morning of the 21st of August, 1867, to Fort Harker, Kansas, did fail to obey said order.

This at Fort Leavenworth, Kansas, on or about the 21st of August, 1867.

Speeifimtion 2(/- In this, that he, 1st Lieut. William Krause, 37th U. S Infantry, having been ordered by Special Orders No. 148, current series, par. 1, Headquarters Fort Leavenworth, Kansas, to proceed in command of a detachment of the 37th Infantry to Fort Harker. Kansas, on the morning of the 21st of August, 1867, and having been ordered by Brevet Major General W. Hoffman, commanding post of Fort Leavenworth, to draw tents and other articles for the detachment of the 37th Infantry under his command, did fail to obey said order.

This at Fort Leavenworth, Kansas, on or about the 20th of August, 1867.

Specification 3d~ In this, that he, 1st Lieut. William Kniuse, 37th U. S. Infantry, having been ordered by Special Orders No. 148, current series, par. 1, Headquarters Fort Leavenworth, Kansas, to proceed in command "f II detachment of the 37th Infantry to Fort Harker, Kansas, and to

!iceive and receipt for the amis and other public property in the hands of the men of the detachment, did, in disobedience of said orders, fail to givvi the required receijjts before the hour tixed for the troops to march.

This at Fort Leavenvvorth, Kansas, on or about the 2()th of August, 1H67.

fo the prejudice <>f (jo(xl order nnd militft ni CH.VKGE 2-1—Neglect of duty, discipline.

Specification l.v/—In this, that he, 1st Lieut. William Krause, :i7th U. S. Infantry, having been ordered by Special Orders No. 148, current series, par. 1, Headquarters Fort Leavenworth, Kansas, to proceed in command of a detachment of the ;}7th Infantry to Fort Harker, Kansas, on the morning of the 21st of August, 18(')7, did fail to make proper application for transi^ortation for himself and command until after 8 o'clock on the night of the 20th of August, 1H(!7, when it was too late to obtain the transportation required.

This at Fort Leavenworth, Kansas, on or about the 2()th of August, 1867.

Specficaiion 2d —In this, that he, 1st Lieut. William Krause, 37th U. S. Infantry, having been ordered by Special Orders No. 148, current series, par, 1, Headquarters Fort Leavenworth, Kansas, to proceed in command of a detachment of the 37th Infantry to Fort Harker, Kansas, on the morning of the 21st of August, 18r)7, and having been directed by Brevet Major General Alfred Gibbs, Major 7th Cavalry, commanding detachment 37th Infantry, that he must be prepared at reveille on the morning of the 21st of August, 1867, to march his command to the railroad depot at Leavenworth city, did fail to proceed with his command at the time designated, and did not join it until sent for by Brevet Major General Gibbs.

This at Fort Leavenworth. Kansas, on oraViout the 2()tli of August, 1867.

PLEA.

To the 1st speciticatiou 1st charge, Not Guilty. To the 2d specification 1st charge, Not Guilty. To the 3d specification 1st charge, Not Guilty. To the 1st charge, Not Guilty. To the 1st specification 2d charge, Not Guilty. To the 2d specification 2d charge, Not GuUty. To the 2d charge, Not Guilty.

FINDING.

Of the 1st specification 1st charge, Guilty. but attaches no criminality thereto.

Of the 2d specification 1st charge, Guilty, except the words "and other articles."

Of the 3d specification 1st charge, Guiliy. Of the 1st charge, Guilty. Of the 1st specification 2d charge, Guilty. Of the 2d specification 2d charge, Guilty,

except the words "and did not join it until sent for by Brevet Major General Gibbs." Of the 2d charge, Guilty-

SENTENCE.

"To be suspended from rank for four months, and deprived of pay

proper for the same period."

[31 II,.. The proceedings, findings and sentence in the foregoing case of

1st Lieut. William Krause, 37th U. 8. Infantry, are ai>i)roved. He will be released from arrest, and proceed without delay to Fort Harker, and thence to Fort I^nion, with the detachment of recruits for the 37th In- fentry, who leave Fort Harker September 1st. Upon his arrival at Fort Union, Lieutenant Krause will report by letter to the commanding officer of the District of New Mexico, who will du-ect him to ]ii'oceed to the Post where his com])any may be serxing, at which place his sentence will be duly executed.

III.. . The Oeneral Court Martial of which Brevet Major General J. W. Uiividson, Lieut. Col. 10th Cavalry, is President, is hereby dissolved.

By command of M.UOB GENER.^L HANCOCK:

CHAUNCEY MCKEEVER,

Assistani Adjutant General.

OFFICIAI^:


liinK

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1. Michael Hoaro, Artiticer Co. E, U. S. Engineers. 2. Alfred W. Beardslee, Private Co. E, U. S. Engineers.

.t. .John Dunlavy, 2d class Private U. S. Ordnance detivchnient. 4. Hugh Callaway, 2d class Private U. 8. Ordnance detachment. 'j. William H. Harper, 2d class Private U. S. Ordnance detachment, (i. John 0'Donoghu(!, 2d class Private IT. S. Ordnance detachment. 7. Charles Kelling, 2d class Private U. S. Ordnance detachment. 8. Lew-is Gillen. 2d class Private U. S. Ordnance detachment. it. Lewis (TJIICU, 2d class Private U. S. Ordnance detachment.

HEADQUARTEKS DEPARTMENT OF TflE MLSSOHllI, FoKT LK.WEN'WORTH, KANSA.S, Sept. 5, 18(57.

CrKNKll.\L OKHKUS, J

I Nt: VM).

I... Before a (xeneral CJonrt Martial convened at Jefterson BaiTacks, Mo., August 13, 18(57, pur.suant to Special Orders No. 171. current series, from these Headcjnarters, and of which Lieutenant Colonel ENOC^H STEEN,

U. S. Army, is President, were tried:

Ist. -Michael Hoarc, Artificer, Co. E, V. K. Engineers, on the foUowing charge and specification:

CHAKCiE -Desniioii. !>ptcificiili(i)i In this, that he, Artificer Michael Hoare, of Co. E, U. S.

Engineer Battalion, having been duly enlisted into the service of the United States, did desert.the same on or about the 3d of June, 18G7, and did remain absent until arrested on or about the 22d of July, 18fi7. at or near Detroit, Michigan.

This at Engineer Depot. Jefferson Barracks, Mo.

Te the .specification T(i the charge,

Quilty. GuUty.

FINDING.

Of the specification ihdlly. Of the charge, Ovilfy.

SENTENCE.

"To be confined at hard labor in charge of the guard for six months, and to forfeit ten dollars of his monthly pay each month of the same period."

I ̂

f-U^

iMIIII" ilp

L2] 2d.—Alfred W. Beardslee, Co. E, U. S. Engineers, on the following

charge and specification:

CHAKOE —Deserlion.

Specifiatlion - In this, that he, Private Alfred W. Beard.slee, of Co. E, U. 8. Engineer Battalion, having been duly enlisted into the service of thf United States, did desert the same on or about the 4th of June, 1867, whilf en route for Oinalui, Nebraska, on detached service, and did remain absent until he voluntarily gave himself up at his company, on or about the 28tli of July, 1867.

This at Engineer Depot, •Jefferson Barracks, Mo.

PLEA.

To the specification Xot (imlty. To the charge, Not fhiUiy.

FINDING.

Of the specification, irniHy, except the words ''did desert."

Of the charge, Not 'ruilly, but guilty of "absence withoiit le.ive," but attach no criminality thereto. and do therefore acquit him.

3d.—John Dunlavy, 2d class Private Ordnance Department, U. S. Army, tni the following charge and specification:

CHAEGE—Conduct to the prejudice of good order and miiitdry discipline. Specification 1st—Iiit]iis, that he, John Dunlavy, a 2d class Private in the

Detachment of Ordnance stationed at the Saint Louis ^Mo.) Arsenal, did get drunk and act in a disorderly manner. Tins at the Saint Louis Arsenal, on or about the 4th day of August, 1867.

Specification 2d —In this, that he, John Dunlavy, a 2d class Private in the detachment of Ordnance stationed at the Saint Louis (Mo.) Arsenal. did, while in a drunken condition use profane and abusive language in reference to the Officer of the Day, saying: "the Major is a damned son of a bitch, and I am going to shoot him !" or words to that effect.

This at Saint Louis Ars3n;d, on or abovit the 4th day of August, 1867.

Specification 3d—In this, that he, John Dunlavy, a 2d class Private in the detachment of Ordnance, stationed at the Saint Louis Arsenal, while in a drunken condition and behaving in a boisterous manne'', upon being ordered by Corporal F. Schmidt, acting Sergeant of the guard, in discharpjo of his legitimate duty, to go to the guard-house, did refuse to obey said order, and did resist its execution by force.

This at the Saint Louis Arsenal, on or about the 4th day of August, 18(i7.

PLEA.

To the 1st specification, Guilty. To the 2d specification, fiuiUy. To the 3d specification, Guilty. To the charge, Guilty.

FINDING.

Of the 1st specification, Guilty. Of the 2d specification, Guillii. Of the 3d specification, GuiHy. Of the charge, Guilty.

4i

(SENTENCE.

•'To be confined <at hard labor in charge of the guard, for two calendar months, and to forfeit to the United States ten dollars per month of his monthly pay for the same period."

4th. John O'Donoghue, 2d class Private, Ordnance Departmcut. U. S.

.\rniy, on the following charge a:id specification:

CHARGE—''';,«/((c/ to the prejiulice <>f good order <iml mHitdrij discipline.

Specijic'ition—ln this, that h', -lohn O'Donoghne, a '2d class Private m the detachment ol OrdiniiK e, stationed at Saint Lonis (Mo.) Arsenal, having been relu.sed peimisiiion to leave said Arsenal by the Officer of the Day, Bievet Major S. C. Lyford, Captain of Ordnance, did leave the said Arsenal, thereby wilfully ^:etting at defiance the authority of the officers appointed over him.

All this at Saint Louis Ars 'iial. St. Louis, Mo., on or about the 25th dav of July, 18(>7.

PLEA.

To the specification (ritilti/. To the charge, (JHiUij.

FINDING.

Of the specification, (hiUtij. Of the charge, G^'Ulif.

SENTENCE.

■To be confined at hard labor in charge of the guard, for two caleud.ir months, and to forfeit to the United States ten dollars per month f)f his monthly pay for the same period."

.5th.—Hugh Callaway, '2d class Private, Ordnance Department, U. S. Army, on the following charge and specification:

CHARGE—Absence inihoni Lea re.

Specificfdion - In this, that he, Hugh Callaway, a 2d class Private in the Ordnance detachment stationed at St. Louis Ar.senal, did absent himself without proper authority from the Saint Louis Arsenal, fi-om about 9 o'clock m the evening of the 21st day of July, 1867, till apprehended in the city of St. Louis, Mo., on the evening of July 22d. 18()7.

PLEA.

To the specification, Guilty. To the charge Gnilty.

FINDING.

Of the specification Guilty. Of the charge Gnilty.

SENTENCE.

"To be confined at hard labor, in charge of the guard, tor two calendar months."

6th. —Charles Kelling. 2d class Private, Ordnance Department. U. S. A.. on the following charge and specification:

\0 \

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|4J

CHAEGE—Absoicf )oitliout Leai^e. Specification—In this, that he, Charles KeUiug, a 'id chiss Private in the

Ordnance detachment, stationed at St. Lonis Arsenal, did absent himself without proper authority from the St. Louis Arsenal from about 9 o'clock in the evening of the '21st day of July, IHfi?, until api)rehended in the city of St. Louis, Mo., on the evening of July 22. 1867.

PLEA.

To the speeiticatiou, Gu'diy. To the charge, Qniliy.

B'INDING.

Of the specification, ilnllty. Of the charge, (huliy.

SENTENCE.

"To be confined at hard labor, in charge of the guard, for three calendar months."

7th.—William H. Harper, 2d class Private, Ordnance Department, U. S. Army, on the following charge and specification:

CHARGE—7)e,sertioH. Specification— In this, that he, William H. Harper, a 2d class Private in

the detachment of Ordnance, statioiaed at the Saint Louis Arsenal, St. Louis, Mo., did leave said Arsenal without authority on or about the 9th day of July, 1867, and did remain absent till a^jprehended by the police authorities of the city of St. Louis, Mo., on or about the 12th day of July, 1867.

PLEA.

To the specification, Guiliy. To the charge, ', Xot (fuilty,


riNDINCJ.

Of the specification, Guilty. Of the charge, Xot Guilty.

Vjut guilty of absence without leave.

SENTENCE.

' 'To be confined at hard labor in charge of the guard, for three calendar months, and to forfeit to the United States ten dollars per month of his monthly pay for the same period."

8th.—Lewis Gillen, 2d class Private, Ordnance Department, U. S. A.. on the following charge and specification:

CHAKGE—Conduct to the prejudice of (jood order (ind milifari/ <1iscipUne. Specification l.s<—In this, that he, the said Lewis Gillen, 2d class Private

in the Ordnance Department, did, in the cook hoiise of the detachment of enlisted men at the St. Louis Arsenal, at or about 9 o'clock of the morning of July 8th, 1867, make an unprovoked assault rrpon and strike several times with his fist James Cochran, a 2d class Private in the Ordnance De- partment, while in the discharge of his duties as cook.

Specification 2d.—In this, that he, the said Lewis Gillen, 2d class Private in the Ordnance Department, did, at <jr near the guard house at the St.

• I

[5] Lonis Ai'senul, about J2 o'clock M. on July 8, 1867, make iiu unprovoked iissault upon and strike with his fist James Cochran, '2d class Private in the Ordnance D<'j>artment, while in the performance of his duty as cook, saving at or abtuit the same time: "What did you report me this morning for?" or words to that effect.

To the 1st specitication. To the 2d specitication,. To the charj^'e.

(riilHy. <TuiHi/.

Of the 1st specihcation, (iniliy. Of the 2d specificati(m (iuiliy. Of the chart^'e . (riiilfn

SENTENCE.

"To forfeit to the United States ten dollars of his monthly i)ay for one

luonth."

9th.—Lewis Gillen, 2d class Private, Ordnance Department. V. S. A., on the followinfi; charge and specitication:

CHARGE—Cnmli(ct to the prejtullce <>f (joinl nnler and laUiidry discipline.

SpecificKfioii In this, that he, the .said Lewis (lillen, a 2d class Private uf Ordnance, did, during the afternoon of June 2.'kl, 18(i7, make an unprovoked and cowardly assault upon Robert Haberman, a 2d class Private of Ordnance, and did say, after striking him from behind several times with his fist: '-That's for Suttou." or words to that effect, he, the said Sutton. being a 2d class Private of Ordnance, and at the time in the guard-hous. under sentence of a general court martial, and the said Haberman having' been a witness against him V>cfore the same.

To the specitication. To the charge,

yol Guiltq. . . . . GuHl'fi.

(hiilu

FINDING.

Of the specification, ~ excepting the words "cowardly" and "from behind."

Of the charge

SENTENCE.

To be confined at hard labor in charge of the guard for three calendni months, and to forfeit ten dollars per month of his monthly pay for flu same period.

II. The proceedings, findings and sentence in the foregoing case (n Michael Hoare, Artificer, Co. E, U. S. Engineers, are approved, and the sentence will be duly executed.

The proceedings, finding and sentences in the cases of 2d class Privates

John Dunlavy, Hugh Callaway, William H. Harper, John O'Donoghue, Charles Kelling, Lewis Gillen, U. S. Ordnance detachment, and the proceedings and findings in the case of Private Alfred W. Beardslee, Co. E, U. S. Engineers, are disapproved. The Record in these cases does not

Lt5J show that the Court convened pursuant to the order- constituting it, which are fatal defects. The prisoners will be released from confinement and restored to duty.

Ill... . The General Court Martial of which Lieutenant Colonel ENOCH

STEEN, U. S. Army, is President, is hereby dissolved.

By command of MAJOII GENERAL HANCOCK:

CHAUNCEY McKEEVER, Assistant Adjutant (ieneral.

OFFICLVL:

'Captain and Actbuj Judge Advocate.

§

a. c. M.

1. Francis M. Bell, Private Co. C, 3d U. S. Infiintry. •2. Henry Ross, Privtite Co. C, 3(1 IT. S. Infiintry. 3, Alexander Thomas. Private Co. G. :t8th U. S. Infantrv.

w

HEADQUARTERS DEPARTMENT OF THE MISSOURI, FORT LEAVKNWORTH. KANS.\S. Sept. 11. 18(57.

(4ENER.\L ORDERS.

No. 132.

I... .Before a (reneral ("ourt Martial convened at Fort Hays, Kansas, August 23, 18(57, pursuant to Special Orders No. 180, current series, from these Head(piai-ters, and of which Brevet Captain W. F. BITCHANAN, As- sistant Surgeon U. S. Army, is President, were arraic;ned and tried:

1st.—Francis M. Bell, Private Co. C. 3d IT. S. Infantry, on the iollowins charges and specifications:

CHAR(;E 1st - JJfSfiiioH. !>peciJicafion~ In this, that he. Private Francis M. Bell, Co. C, 3d U. S.

Infantry, a duly enlisted soldier, while stationed at Walker's Creek, Kas., (lid desert from his detachment on or about the 2'2d day of July, 1867, and did not return until apprehended as a deserter on the road between Walk- er's Creek and Fort Harker, Kansas, on or about the 21rth day of July, 18(57.

This at Walker's Creek, Kan.sas, on or about the 22d day of July, 18(57.

CHARGE 2d— Violation of the 3Hth Article of War. i'fecijicntion—In this, that he. Private Francis M. Bell. Co. C, 3d V. S.

Infantry, did sell or otherwise dispose of the following articles of government property, viz: one (1) Spencer rifle, one (1) bayonet, one (1) baj'ouet scabbard, one (1) rifle sling, one (1) waist belt, one (l"i waist-belt plate, two (2) cartridge-boxes, forty (40) rounds ammunition, one ^1; screw driver.

This at Walker's Creek, Kansas, on or about the 22d day of July. 18(57.

J

W

m PLEA.

To the specification 1st charge, Guilly. To the 1st charge, Guilty. To the specification 2d charge, Guilty. To the 2d charge, Guilty.

FINDING. Of the specification 1st charge, Guilty. Of the 1st charge, Guilty. Of the Mpecificatioa 2d charge, (hiilty. Of the 2d charge, Guilty.

SENTENCE.

"To be confined at hard labor for the period of six (0) months at such place as the Commanding General may direct, and forfeit to the United States all pay now due, or may become due him for the same period, save just dues of the sutler and laundress, and at the expiration of confinement to be dishonorably discharged the service of the United States."

2d.—Henry Ross, Private Co. C, 3d U. S. Infantry, on the followiiji,' charges and specifications:

CHARGE 1st—i^aiitiioj his <jwtnl. Specification—In this, that he, Private Henry Ross, Co. C, IM U. S. In-

fantry, being duly detailed for guard, did quit his guard without leave, on or about 8 o'clock, p. M., the 14th day of July, 18('»7, and did not return until on or about 12 M. the same night.

This at Fossil Creek Station, Kansas, on or about the 14th day of July, 18f)7.

CHARGE 2d—Leaving his Post while a sentinel. Specification—In this, that he. Private Hem-y Ross, Co. C, 3d U. S. In-

fantry, being duly j^osted as a sentinel on or about the 21st daj'of July, 1867, did leave his Post before he was regiilarly relieved, and went to his tent and slept.

This at Fossil Creek, Kansas, on or abort the 21st day of Jiily, 1867.

CHARSE 3d —Misb^h'iviour before the Enemy. Specification—In this, that he, Private Henry Ross, Co. C, 3d U. S. In-

fantry,' did, on or about the 17th day of July," 1867, when posted, show- cowardice by giving false alarm and hiding from imaginary Indians.

This at Fossil Creek, Kansas, on or about the 17th day of July, 1867.

rj

To the specification 1st charge, Not Guilty. To the 1st charge, Not Guilty. To the specification 2d charge, Not Guilty. To the 2d charge, Not Guilty. To the specification 3d charge, Not Guilty. To the 3d charge, Not Guilty

FINDING. Of the specification 1st charge, Not GuiUy- Of the 1st charge, Not Guilty- Of the specification 2d charge, Not Guilty. Of the 2d charge, Not GuUty. Of the specification 3d charge, Not Guilty. Of the 3d charge, Not Guilty.

II

[31

3d. -Alexauder Thomas, Private Co. G, 38tli U. S. Iiifiuitry, on the following charge and specification:

CHARGE—Desertion. Specification—In this, that he. Private Alexander Thomas, Co. G, 38th

Infantry, a duly enlisted soldier in the service of the United States, did desert and absent himself from said service, on or about May 14th, 1867, and did remain absent until apprehended on ov about May 29th, 1867.

This at Jefferson Barracks, Mo.


Of the specification,, Of the charge,

. (hdlty. Gidliy.

SENTKXCE.

"To be confined at hard labor in charge of the guard for the period of four (4) months; reimburse the United States all expenses incurred in his apprehension, and forfeit one-half (i) his monthly pay to the United States for six months."

II... .The proceedings, findings and sentence in the case of Private Alex- ander Thomas, Co. G, 38th U. S. Infantry, are approved, and the sentence will be duly executed.

In the case of Private Henry Ross, Co. C, 3d U. S. Infantry, the proceedings and findings are approved. The prisoner will be released from confinement and restored to duty.

In the case of Private Francis M. Bell, Co. C, 3d U. S. Infantry, the proceedings, findings and sentence are approved. The prisoner will be dishonorably discharged from the service of the United States, on the receipt of this order.

The Penitentiary at Jefferson City. Missouri, is designated as the place of confinement, to which place the prisoner will be conveyed under suitable guard and turned over to the Warden of said Penitentiary, who will at the

same time be furnished with a copy of this order. The commanding officer at Fort Hays, Kansas, is charged with the exe-

cution of the above order.


CHAUNCEY McKEEVER,


OFFICIAL:

t'*«V 'Kf

41. •I -I

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GENERAL COUliT MAKTIAL OKDEKS

FROM THE

HEADQUARTERS

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INDKX OF (lENEliAL OKDKHS.

HKADVI Al!'ll'l:« l>i:i'A)!JMF.N"T <)1 THK MlSSDll;!.

Allmixer. Xatliiiii 'M\ \irhn: John 'i'".

Baml, (norj^e W I'.t H,.ker. John 27 Binnes, Charles :((i IJiinett, Michiul . 4 Battles. Edward 14 Bavlt.r. Peter (; l.'l Beehe. jr.. Win. M in Bieiuensteehl. S. M 13 Bvooiiiticld. Levi 13 Brown. Janie.s IS

Catl'erv. Edward 3 Chandler. Robert 1« Clark. Hiriun 3 Conover, Georpie 26 Cooper. Wni. E 14 Cornell. Edward 36 CoiTigan. Eiij^ene J. 8 Couf:;hhn, Jolin 36 Cunimin£[K, Simon (' 36 , Cnrtis. John 36

Daley, Michael 3 Davidson, (xeorge 27 Davidson, J. W 34 j Dean. John 20 ! Delmege. Daniel 14 < Delzell. Georj,'e A 14 Downing. Joshua 24 i Dnffv. Bernard 26 j Dnnlavy, John 20 \ Dwyer, John 25 '

Fisher, Wilhur F 15 Flood, Patrick 35 j

(itirdner, George 21 Criese, Jidius. 21 i

Haley, John 26 : Hall, William 14 i Handley, William 26 '

Heidelhnrg. (rideon C !'•• Heist, Lewis . . s Henke, Charles Mil Herman, Francis 24 Hicks. Charles H IS Hilsz. Charles :! Horan. Timothy 4 Hovvxey. John 3.")

Johnson, Daniel.. :>2 Jones. Augustus... It Jones, Charles 21

Keating, Michael.. 24 Kean. Patrick .15 Kelly. John 26 Kemble, James K 7, 30 Kenyon, Charles A. ... 4 Knight, George H. 36

Latsch, John 4 Lee. Chai'les i:! Lee. James 20 Loftns. Michael 20 Lynch. Jeremiah C 15

Mannion, John 26 Mason. Thomas 32 Maynard, John G 6 Maxwell. Erastus 27 Meegan, 'i'homas 31 McDonald, James 4 McDonald. William ... 26 McGoorden. Michael 36 McKeirnan, Edward 4 McLeran, James W 3 Monelaws, James 26 Moore, Robert 27 Morgan, John 13 Muiphy, Dennis 24 Murray, Thomas 4

Nagle, John 32 Nicholas, Thomas 24 Nolan. John 26

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O'iiiicii, Chiirles. . . . O'Connor, John 1'. C t)'])oiinell. Hoiuv. . . O'Dououhiit', John. .

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I'littri-.^ôn, Alb Piinl, (TeorL(c. . l'"\M>is. John. .

•rt. 18 ir, ■Ary

Stewiiit. Siuiiut 1 Snlliviui. Daniel. . Swarts. Francis . .

Talluum, Williiini TravLs. AU'xandir

21

:!(;

Kally. Hemy JlanMoni, James. . . . Kay, Samuel lleiley. James Richaidt. Jolm . Iviley. William . . . liodenback, Caspar Ji\an. John

Srannell, Jeremiah Se-êr. Joseph Sinclair. John H .. Smith. Jacob Smith. A. J Steele. J. W

Wade, Nelson K 21 Walker. Oharhs 4 Washinf,'ton. Georiê ;j(; Weir, 'i'homas B l(i White. James 2(i White. James K :i(; Williams. John 2t Woodriitf. Charles K 2r, Woodward, William 27 Wrij^ht. James 21 Wrioht. William 27

Youn<i, Perry A 1") Yonnj.;. Joseph 21

.2 ''• ZeaLfle James 2:!

G. C. M.

1. Charles Hilsz, Private Co. C. 7th U. 8. Cavahy. 2. John Kichardt, Private Co. C, 7th U. S. Cavahy. 3. Edward Caffery, Private Co. C, 7th U. S. Cavahy. 4. John H. Hinclair, Private Co. C, 7th U. S. Cavahy. .5. Michael Daley, Private Co. I, 3d U. S. Infantry. ti. Jacob Smith, Sergeant Co. G, 37th U. S. Infantry. 7. Hirain Clark, Private Co. G, 3d IT. 8. Infantry. 8. James W. McLeran, Private Co. G, 37th IJ, S. Infantry.

»< ■m.m. f-t

HEADQUARTEKS DEPARTMENT OF THE MISSOURI, FORT LE.\VENWOI!TH, KANS.VS, Sept. Ifi, 1H*)7.

(TENERAL ORDERS, I

No. 3. (

I....Before a General Court Martial convened at Fort Lyt)n, C. T.. .\uj,'ust 8, 1867, pursnant to Special Orders No. Kil, current series, tvoiii these Head(piarters, and of which Brevet Brigadier General WILLIAJI

H. PENROSE, Cai^tain 3d Infantry, is President, were arraigned and tried:

1st.-Charles Hilsz, Private Co. C, 7th U. S. Cavalry, on the following clmrges and specifications:

CHAKOE 1st—Destrtiou.

>liei'lfic(tli(it( In this, that he. Private Charles Hilsz, C Troop, 7th U. S. Ciivahy, a duly enlisted soldier in the service of the United States, did iibseut himself from and desert said service, and did remain absent therefrom until apprehended bv an armed party sent in pursuit, near Point o1 Rocks, C. T., on or about'the 8th day of June, 1867.

This at Fort Lyon, C. T., on or about the 7th day of June. 1867.

CH.iRGE 2d—('o)Hliicf prejiulicial to t/ood oi'iler and mili1i(ry disripliiii. '^pi'djirjdion —In this, that he, Charles Hilsz, Private C Troop, 7th U. S.

Cavahy, did steal and appropriate and carry away for the purpose of disposing of for his own private use, the following property belonging to the United States, viz: One (1) horse, value S165, One [1) carbine, value SlOO, one waist-belt and plate, value SI.90, one (1) cartridge-box, value SI.30, one (1) sling belt and swivel, value .SI.86, one (1) curb bridle, vahu So, one (1) haversack, 95 cents, one (1) canteen, 65 cents.

This at Fort Lyon, C. T., on or about the 7th day of June, 1867.

Pt£A. To the specitication 1st charge, G-ailty. To the 1st charge, Guilty. To the specification 2d charge, Guilty. To the 2d charge, <Tinl(\/.

FINDING.

Of the specification 1st charge . (rnjlty.

«Mi

ilil'i linllllli

*M:

1.2) Of the Ist charge, Guiltij. Of the specification 2cl charge, Guilt]/. Of tlie 2(1 cliarge, GniUq.

SENTENCE.

••'£o forfeit to tlie United States all pay ami allowances now due ov which may become dne him up to the promulgation of this sentence, t'xcej^t the just dues of the laundress and sutler; to be dishonorably discharged the service of the United States, and to be contined in the Peni- tentiary at such place as the Commanding General of the Deijartment may direct, for the period of two years."

2d.—John Eichardt, Private Co. C. 7th V. S. ('avah-y, on the following charges and specitic;;tions:

CHARGE 1st Desert ion.

Specific!itioH—In this, that he, John Eichardt, private C Troop, 7th U. S. Cavalry, a duly enlisted soldier in tlie service of the United States, did absent himself from and desert said service, and diil remain absent until apprehended by an armed party sent in pursuit, near Cady's Eanche, C. T., on or about the lOth daj' of June, 18^7.

CH.\K«E 'lA -Conduct prejudicial to i/ood order and mUitdry lUscipliue. Specification—In this, that he, John Eichardt, Private C Troop, 7th U.

S. Cavalrj', did steal, appropriate and carry away for the purpose of disposing of for his own private use, the following property belonging tc the United States, viz: One (1) carbine, value SlOU, one (1) waist-belt and plate, value SI.90, one (1) cartridge-box, value $1.30, one (1) sling belt and swivel, value Sl.Sfi, one {V haversack, value 95 cents, one (1) canteen, value fio cents.

This at Fort Lyon. C. T., on or al)()ut the 10th day of June. l.S(;7.

PLEA.

To the specification 1st charge, Gtdliy. To the 1st charge, Guiltij. To the specification 2d charge, Guilty.

except the words '-sling belt, haversack and canteen." To the 2d charge, (Titiliii.

FINDING.

Of the specification 1st charge, Guilty. Of the 1st charge, Guifty. Of the specification 2d charge, Gniliy.

except the words • -one canteen." Of the 2d charge, GuiUji.

SENTENCE.

"To forfeit to the United States all pay and allowances now due or tn l)ecome due up to the promulgation of this sentence, except the just dues of the laundress and sutler; to be dishonorably discharged the .service ol the ITiiited States, and to be confined in the Penitentiary at such place as

the Department Commander may direct, for the jieriod of one year."

3d.-Edward CaflFery. Private C(^ C, 7th IT. S. Cavalry, on the following charges and specifications:

"

1^! CHAK(;E 1st.—Dfsrriiihi.

Specijicatioii. In this, that he, Private Edward Cafi'ery, C Trt)i)p, 7th U. S. Cavah-y, a (hily euUsted soklier iu the service of the United States, did iibseut himself tioiu and desert said service, and did remain absent tliere- trom vnitil apprehended by an armed party sent in pnrsuit. near Point oi Rocks, C. T.. on or about the 8th day of June, 1867.

This at Fort Lyon. 0. T.. on or about the 7th day of June, 18(17.

CH.\EGE "id ('(iixluri }irejm}i<-i<d to <i<><>ilorder niul luilitdry (Hscii'lini'. SpecJlifdihiit In this, that he, Edward Calfery, Private C Troop, 7th I .

S. Cavah-y, did steal and appropriate to his own use, and carry awaj* for the purpose of disi)osin,L; of for his own private use, the followinp; property lielon^dn^' to the United States, viz: ()ue (U h(.rse, value ^105, one (1) 1 arbiuc, vahie $ll)(), on > 1 waist-belt and plate, value si.90, one (1) cartridge-box, value .'51.;}0, one (1) sliii^' belt and swivel, value S5. one ^l) haversack, value 95 cents, one (1* canteen, (5-5 cents.

This at Fort Lv(m. C. T.. on or about the 7th dav of Jum-. 18()7.

To the spuciticatiou 1st eharue To the 1st char^'e To th(> spei'itication 'id (^harj,'*-. To the 2(1 ehari,'e

<rniHi/. ihillty. (iniUy. irnUUi.

Of the specitication 1st char;,'e Of the 1st charge Of the specification "id charo;c Of the 2d char^'e,

'Tidily. Guilty. Gu'diff. Guilty.

SENTENCE.

••To forfeit to the United States all pay and allowances now due ci \vliich may bec^:)me due him up to the prouiul^.'^tiou of this sentence, e\ I'ept the just dues of the laundress and sutler; to be dishonorablj' di>- charged the service of the United States, and to be contined in the Peni tentiary at such place as the Commanding (rt^ueral of the Department may ilirect, for the period of two years."

1th.- John H. Sinclair, Private Co. C. 7th U. S. Cavalry, on the following charges and specifications:

CH.\K(iE 1st -DcserliiHi. Slifr'itiriilioii In this, that he, John H. Sinclair, private C Troop, 7th

U. S. Cavalry, a duly enlisted soldier in thf service of the United States, ilid absent himself from and desert said service, and did remain absent until ajtprehended by an armed i)arty sent in pursuit, at Cady's Ranche, <'. T.. on or about the 8th dav of June. 18fi7.

This at Fort Lyon, C. T., on or about the 7th day of June, 1867.

CH.\RGE 2d -^'oHrf(/c^ preJHilic'xil to ijood order and military discipline. Specifirjdioii In this, that he. John H. Sinclair, Private C Troop, 7th U. S.

Cavalry, did steal, appropi'iato and carry away for the purpose of disposing of for his own private use, the following property belonging to the United States, viz: One D IKU-SC. vahie M(i5. one (1) carbine, value SlOO, one (1) waist-belt and plate, value si.90. one (1) cartridge-box, value .Si.30, one (1) shng belt and swivel, value SI.86, one (1) curb bridle, value .$5,

one (1) haversack, value 95 cents, one (1) canteen, value 65 cents. This at Fort Lyon, C. T., on or about the 7th day of June. 18fi7.

PLEA.

To the speeilication 1st charge, Gniliy, To the 1st charge, Guilty. To the specification 2cl charge, Gailiy. To the 2fl charge. ! Gvjliy.

Of the specitication 1st charge,. Of the 1st charge, Ot the specification 2d charge. Of the 2d charge

. (jid'ty. Guilty. Guilty.

. (ruilty.

SENTENCE.

' 'To forfeit to the United States all pay and allowances now due or which may become due him up to the promulgation of this sentence, excej^t the just dues of the laundress and sutler: to be dishonorably discharged the service of the United States, and to be confined in the Penitentiary at such [)lace as the. Commanding General of the Department may direct, for the period of two years."

5th.—Michael Daley, Private Co. I, 'M U. S. Infantry, on the following ■barges and specifications:

CH.-LRGE 1st—Mutinous (tad iiisuhordindte (;<tn<lw,t.

Sptcififiitiiin Is^—In this, that he. Private Michael Daley, Co. I, 3d U. 8. Infantry, did, while on duty on a scout after the Indians, behave in a mutinous and insubordinate manner, and say to his commanding oflScer, Cap- tain and Brevet Brigadier General Wm. H. Penrose, 3d U. S. Intantry: "I'll be' God-damned if men were ever treated in this way !" or words to that effect, and by his talk and manner did nicite among the men of the company an insubordinate spirit, and by his conduct did incite them to disobey the lawful commands of their commanding officer.

This while on the march on a scout after Indians, at or near the Purga- toire Kiver, C. T., on or about the 23d day of June, 1867.

Specification 2d—In this, that he, Private Michael Daley, Co. I, 3d U. S. Infantiy, did, after his return to camp from a scout, behave in a mutinous and insubordinate manner, and did continue so to do until force was used to stop him.

This at Fort Lyon, C. T., on or about the 24:th day of June. 1867.

CH.\EGE 2d— Di.soiieilience of orders. Specificotiox In this, that he, Private Michael Daley, Co. I, 3d U. S. In-

fantry, did, while on the march on a scout after Indians, when ordered by his commanding officer, Captain and Brevet Brigadier General Wm. H. Penrose, 3d U. S. Infantry, to close up and get into his proper place in the company, disobey said order, and did say: "I have been in the service nearly three yeais, and I be God-damned if I was ever treated this way before!" or words to that effect, and when ordered to stop his talk by his commanding officer. Captain and Brevet Brigadier General Wm. H. Penrose, did disobey said order, and continue to talk until forced to stop.

This while on the march on a scout after Indians, at or near the Pnrga- toire River, C. T., on <ir about the 23d day of June, 1867.

[5] CHAKGE 3d—JJisresptct loino-tls his (oiniii'Oidimj (/ffictr.

Sp€c!li<''di(>ii—In this, that he. Private Michael Dalej% Co. I, 3d U. S. In- fantry, did, while on the march, by his manner and remarks, behave in a (lisrespecttul and insolent manner towards his commanding officer. Cap- tain and Brevet Bri,t:;adier General Wm. H. Penrose. 3d U. S. Infantry.

This on or al)out the 23d day of .June, 18fi7. while on a scout after In- dians, at or near the Pnrfjatoire River. C. T.

PLEA.

To the 1st specification 1st charf^c- . . yvt Guilty. To the 2d specification 1st charge, Xot Guilty. To the 1st charge, Not Guilty. To the specification 2d charge, yot Guiity. To the 2d charge, Xot Guilty. To the si)ecitication 3d charge. . . Xot Guilty. To the 3d charge Xnt Gniliy.

(realty. Guilty. (iniity. Gnilty.

. Guilt If.

. Guilty.

. Guiltu.

(Jf the 1st specification 1st charge. Of the 2d specification 1st charge. Of the 1st charge, Of the specification 2d charge, ()f the 2d charge. Of the specification 3d charge.. . Of the 3d charge

SEXTENL'E.

•To be confined under charge of the guard at hard labor one year, and to forfeit to the United States eight dollars of his monthly pay for the same

period."

tith.—Jacob Smith. Sergeant Co. G. 37th T'. S. Infantry, on the following barges and specifications:

CHARGE 1st—Ahsfiu-e idtJiout Ltdvt.

Sper.ijicdtiou—In this, that he. Sergeant Jacob Smith, of Co. G, 37th U. S. Infantrj-, did absent himself from his comjjany and post at New Bent's Fort, C. T., without permission from proper authority, at about 9 o'clock, -i. M., July oth. 1M()7, and did goto the post of Fort Lyon, C. T., distance 20 miles, and did there report to the commanding officer. Brevet Brigadier General Wm. H. Penrose, Captiiin 3d U. S. Infantry, by whom he was returned to Co. G, 37th U. S. Infantry, July Oth, 1867.

This on or about the 5th day of Jtily, 1867, at or near New Bent's Fort, C. T.

CHARGE 2d—('oiuluc.t prejiulicial to ijixxl order and miUtnry disiuplint.

."^perjficdtiott 1st—In this, that he. Sergeant Jacob Smith, of Co. G, 37th U. 8. Infantry, having absented himself from his company and post without permission from proper authority, (he being at the time acting 1st Sei-geaut,) for a period exceeding 24 hours, viz: from about 9 o'clock A. M. , July 5th, to about 2 t)'clock P. M., July 6th, 18()7, and when interrogated by his company commander. Captain James Thompson, 37th U. S. Infantry, as to his unauthorized absence, avow to his said company commander that he the sjiid Sergeant Smith absented himself for the purpose of being reduced to the ranks. All this at or near New Bent's Fort C. T., on or about July Oth, 1867.

Sper.ijicntiou 2(/—In this, that he. Sergeant Jacob Smith, Co. G, 37th U. S.

iScsMaa«ess»»sti!«s^*iss.*--

:#:>" 101

lul'iUitry, did, ou the laoiniiig oi the Oth of July, 1867, rejjort to the commanding oflfic-er, Wm. H. Penrose, Captain 3d U. S. Infantry, and Brevet liri^adier General U. S. A., at Fort Lyon, C. T., that G eomj^any, 37th U. S. Infantry, had mutinied and taken up arms, and driven their eompauy

■omniander and other officers to their cpiarters; upon being interrogated hy Wm. H. Penro.se, Captain 3d U. S. Infantry, and Brevet Brigadier Geu- • ■ral U. S. Army, as to who sent h.ini, he answered, that no one sent liini. that heeonklnotajiproach his officer, or words to that effect.

All this at Fort Lyon. C. T.. on or about the (Uh day of-July. iHi 7. PI.KA.

I'o the specitication 1st charge. 'Tidily. To the 1st charge . (rnilty. I'o the 1st specitication 2d charge, . . GHiliy. l\> the ■2d speciti.'a.tion 2d charge . <TiiU{q. To the 2d charge. '^'/V/)/.

FINDIN'c;.

()f the sjjecitication 1st charge. . , (iuilit^. Of the 1st charge , . (rmliy. ()f the Is-t specilieation 2d charge, . . 'TitiKy. Of the 2d specitication 2d charge, .;.■'.■.■?.'. . 'ridlty. Of the 2d charge .....* 'riiilly.

SKNTKNCi;.

••To l)e reduced to the rardvs; to be contined under charge of the guanl at hard labor for six months, and to forfeit to the Thiited States eiglit dollars of his monthly pay for the same period."

7th. Hiram Clark. Private (.'o. G, 3d V. S. Infantry, on the following liargp and s2)ecitication:

CHAKCJE—Slet-piiii/ 11)1 I'iist.

Specijiadiun—111 this, that he, Hiram Clark, Private Co. G, 3d U. S. In- fantry, after having been duly posted as a sentinel on No. 8 post, did abandon his rifle, sit down and go to sleep.

This at Fort Lyon. C. T., on or about theniornin,L;31st day of May. lH(i7. n.T. \.

To the specitication,. Xoi <jrailty- To the charge. Xal GniHy.

FINIUN(;.

Of the specitication. linWy. Of the charge, ... 'hdUy.

SENTENCE.

■•To be contined in charge of the guard at hard lal)or, at the station of his comi)any. for the period of six months, and to forfeit to the United .States six dollars per month of his monthly pay for the same period."

8th. -James W. AIcLerau, -Private VA\ G, 37th U. S. Infantry, on the following charge and specification:

CHARGE—Condud to ihe prejxilire of <i<><><loriln- and inilitury discipline.

Specification—In this, that he. Private James W. McLerau, of Co. G, 37th U. S. Infantry, did, while en route from Fort Dodge. Kansas, to Fort Lyon. C. T., acting as an escort for a U. S. Mail wagon, break open one U. S. Mail liag, and take therefrom one pajier.

L7] All this at 1)1- near tlu- Bluffs. Kunsiis,

lKfi7. !i or about tlie :^()tli diiy of April,

Til tlu- spfi'iticatiou. Xol (imllij. To the elmrL,'e, .Yo/ GniJIfi.

FINDING. Of the spefiticatioii \i,i (JmUy. Of the charf>;i' Xnf GnUiy.

Aiifl the Court does therefore acquit hiiu.

II. . . The proeeeiliiijjis. tindinj^s and sentences, in the cases of Privates Charles Hilz, John Itichardt, Edward Caffeiy and John H. Hinclair, all of Co. C, 7th U. S. Cavalry, are approved, and the prisoners will lie dishonorably dischar^'ed the service of the United States, on the receipt of this order a! their station.

The Penitentiary at Jeflerson city. Mo., is desif^nated as the place of con-

tiiiement. to which place these prisonei'R will be conveyed under suitabh f^uard, and turned over to the Warden of said Penitentiary, who will In furnished with a copy of this order.

The commander of Fort Ly<in. C. 'I'., is chari,'ed with the execution i^f this order.

Ill the case of Private Michael Daley. Co. I, :^d T'. S. Infantry, the proceedings, tindings and sentence are approved, and the sentence will be carried out under the direction of the comni'^nder of the post where his conipimy may lie serving.

In the case of Sergeant Jacob Smith. Co. G. 37th V. S. Infantry, the proceedings.tindings and sentence are approved—but ujion the recommendation of all the members of the Court, the sentence is mitigated as follows: To be reduced to the ranks; to be. contined under charge of the guard for three months, and to forfeit to the United States four dollars of his monthly pay for the same piiiod. The sentence as mitigated will be duly executed.

In the case of Private Hiram Clark, Co. G. 8d lufantrA", the proceedings, tiudiugs and sentence are approved, and the sentence will be duly executed by the commander of the post at which his company may be serving.

Ill the case of Private James W. McLernn. Co. G. 37th U. S. Infantry.^ the proceedings and findings are ajiproved. The prisoner will be released from confinement and restored to duty.

By comnmnd of Brevet Major General A. J. SMITH:

CHAUNCEY McKEEVEK, Ass'tsinnt Arljxfant Genera',.

OPFICLU.:

/^ /?Cy J^^^

I

IHIiii

G. C. M.

Timothy Horau, Priviite Co. H, ;3d U. S. Iiifantn. Michael Barrett, Private Co. H, :M U. S. Infantry. John P. C. 0'Coun(n-, Sergeant Co. H, M V. S. Infantry. James McDonald, Private Co. B, 7th V. S. Cavalry. Edward McKeirnan, Private Co. B, 7th U. S. Cavalry. Thomas Murray, Private Co. B, 7th V. S. Cavalry. Charles Walker, Private Co. A, 3d V, S. Infantry. John Latsch, Rivate Co. H, 3d U. S. Infantry. Charles A. Kenvon, Private Co I, .'(7th V. S. Infantrv.

HEADQI'ABTEBS DEPARTMENT OF THE ]MISS()l'Bl. For.T LF.AVENWOKTH, KANSAS, Sept. IS, l!S(;7.

(TEM:RAL ()KI)KI;S. ^

No. 4. \

1 Before a General Court Martial convened at Fort Dodye, Kansas, .\ugust (5, 18(57, pursuant to Special Orders No. Ifil, current seiies, from these Headquarters, and of which Major HENKY Doiua.As, 3d V. S. In-

fantry, is President, were an-aigued and tiied:

1st.- Timothy Horan, Private Co. H, 3d U. S. Infantry, on the followiun churfie and specification:

CHARGE ~-rr>(((7(/c/ prejndirial fi> tjoixl unhr uml utWihtry <)isciprme.

Specification—In this, that he, Timothy Horan, Piivate Co. H, 3d U. S. Infantry, did, while acting as teamster, driving a public team en route from Fort Harkcr, Kansas, to Fort Hays, Kansas, sell, dispose of, or lose through neglect, jniblic forage to the amount of l,r.)() lbs. of hay; also, two U. S. mules, value unknown; also, one U. S. musket, for which Lieut. Baldwin, 37th U. S. Infantry, is responsible, valued at twenty- eight dollars.

All this at or near Buffalo Creek, Kansas, on or about the "idth <lay of January, 18(37.

PLEA.

To the speciticatiou, ^ot (ruilty. To the charge, AW Guilty.

FINDING.

Of the specification, A'"' (Tuilty. Of the charge, -Vi)/ (iHilty.


2d.-Michael Barrett, Private Co. H, 3d U. S. Infantry, on the following fburge and specitication:

Hill ■iiipiirT

CHARGE—Coadnd prvjudicbd to good order and iniliUii-y disrijil'iDe. Specijiccdion—In this, that he, Michael Barrett, Private Co. H, 3d U. S.

Infantry, did, while acting as teamster, driving a public team en route from Fort Marker. Kansas, to Fort Hays, Kansas, sell, dispose of, or lose through neglect, 2)ul)lic forage (o the amount of 1,190 lbs. of hay; also two U. S. mules, value unknown; also, one U. S. musket, for whit-h Lieut. Baldwin, :57th IJ. S. Inf:uitry, is responsible, valued at twenty- eight dollars.

All this at (U- near Butfalo Crcfk, Kansas, on or alxmt the 'iOtli day nt •Tiuiuaiy, IHCiT.

I'LEA.

To the specification, Xot 'in illt/. To the charge, Xol (TH\U]I.

FINDING.

()f tlie specification, Not Gidlty. ()f the charge, Not fjnilt'y.

And the Ccmrt does therefore acipiit him.

;5d. John P. C. O'Connor, Sergeant Co. H, MIT. S. Infantry, on the following chivrge and s2)eciticatiou:

CHARGE— Viohdion of the -ioth Article of War.

Spii-ificatlo)! In this, that he. Sergeant P. C. O'Connor, Co. H, :3d U. S. Infantry, being regularly detailed and mounted as Sergeant of the Post guard. Fort Dodge, Kansas, did get drunk while on said duty.

.\11 this at Fort Dodge. Kansas, on or about the 4th day of July. \Hi\l.

PEEA.

To the specification, Not Guilty. To the charge, Not truilty.

FINDING.

()f the specification, ijitilti/. Of the charge, GniUy.

SENTEN(;E.

■■To be reduced to the ranks, and to be contined under charge of the Post guard for the period of tifteen days, and (hiring this time to carry a log weighing thirty pounds from Reveille until Retreat, alternate hours. Sundays excepted, in a circle of thirty yards circumference."

4th.—James McDonald, Private Co. B, 7th IT. S. (yavalry, on the following charges and sjiecifications:

CHARGE 1st -BeHeiiion. Specijication—In this, that he, James McDonald. Private B Troop, 7tli

U. S. Cavalry, a dn\y enlisted man in the service of the United States, did desert said service, and did remain absent until captured at or near Fort Zarah, Kansas.

All this at Fort Dodge, Kansas, on or about the 4th day of July, 18t)7.

CHARGE 2d -(hndud prejudicial to (jood order aitd military discipline.

Specifierdion- In this, that he, James McDonald, Private B Troop, 7tli U. S. Cavaliy, did steal one horse, the property of the United States, and nsf the same to desert with.

.\11 this at Fort Dodge, Kansas, on or about the 4th day of July, 1867.

L3J PLEA.

To the specitication 1st chiir<,'e, Guilty. To the 1st charge, GaUiy. To the specitication 2(1 charge, Guilty. To the 2fl charge, Guilty.

FINDING.

Of the specitication 1st cliarge, Guilty. Of the 1st charge, GuUty. Of the specitication 2d charge, Guilty. ()f the 2cl charge, Gtiilty.

SENTENCE.

••To be dishonorably discharged the service of tlie United .States; to forfeit to the United States all pay and allowances now due and that may become due, and to be confined for the period of one year in such Peni- tentiary as the General Counnanding may direct."

oth.- Edward McKeirnaii, Private Co. B, 7tli T^. S. Cavalry, mx the following charges and specifications:

CHARCJE 1st—Desertion. ~ SjieciticuHon In this, that he, Edward McKeirnan, Private B Troop, 7th

U. S. Cavalry, a duly enlisted man in the service of the United States, tlid desert said service, and did n^niain absent until captured at or near Fort Zanih, Kansas.

.\11 this at Fort Dodge, Kansas, on or about the ith day of Jtily, 1867.

CHAIKJE id -I'oiiduct prejudicial to (jood order and mUitaty discipline.

Specification—In this, that he, Edward McKiernan, Private Troop B, 7tli U. S. Cavalry, did steal one horse, the property of the United State.s, and use the said horse to desert with.

Wl this at Fort Dodge, Kansas, on or about the 4th day of July, 1867-

PLEA.

To the specification 1st charge, Guitli/. To the 1st charge, Guilti/. To the specification 2d charge, Guillij. To the 2d charge, Guilti/.

FINDING.

Of the specification Ist charge, Guiltt/. Of the 1st charge, Guilty. Of the si^ecificatiou 2d charge, Guilt ij. Of the 2d charge, Guilty.

SENTENCE.

•To be dishonorably discharged the service of the United States; <" ftirfeit to the United States all pay and allowances now due and whic may become due, and to be confined for the period of one year at such Penitentiary as the General Commanding may direct."

Bth.—Thomas Murray, Private Co. B, 7th U. S. Cavalry, on the following charges and specifications:

[4J CHARGE 1st—DeserUon.

Specijicatioit—In this, that he, Thomas Murray, Private Troop B, 7th U. 8. Cavalry, a duly enlisted man iu the service of the United States, did desert said service, and did remain absent until apprehended at or near Fort Zarah. Kansas.

All this at Fort Dodge, Kansas, on or about July 4th, 1807.

CHAiiGE2d—(b)uluct preji((Uei(il io ijood onhrand )iiilU(trii tlisriplhte.

Specification.—In this, that he, Thomas Murray, Private B Troop, 7th 1 S. Cavalry, did steal one horse, the property of the United States, and did use said horse to desert with.

All this at Fort Dodge. Kansas, on or about July 4th, 1807.

PJ.EA.

To the specificatiou 1st charge Guilti/. To the 1st charge, OidUt). To the specification '2d charge, Guiltij. To the 2d charge, (IniUti.

FINDING.

Of the .sijecitication 1st charge, (rnillt/. Of the 1st charge Gniliy. Of the .specification 2d charge Guilii/. Of the 2d charge, (hdlii/.

SENTENCE.

'■To be di.shoiifirably discharged the service of the United States; to forfeit to the United States all pay and allowances now due and which may become due, and ; > be confined for the period of one year at such Peniten-

tiary as the General commanding may direct."

7tli.—Charles Walker, Private Co. A, 3d IT. S. Infantry, cm the following charge and sj^ecification:

CHARGE—Sleeping on posi, in vio'ation of the 40//* Article of War.

Specification—In this, that he, Charles Walker, Private Co. A, 3d U. S. Infantry, being regularly detailed, mounted and posted at Post No. 1. Post guard. Fort Dodge, Kan.sas, did sleep on his Post.

All this at Fort Dodge, Kansas, on or about May 11, I8fi7.

PLEA.

To the specification, Not Guilty. To the charge Not Guilty.

FINDING.

Of the specification, Not Guilty. Of the charge, Not Gidlty.


8th.—John Latsch, Private Co. H, 3d U. S. Infantry, on the following charge and specificatiou:

CHARGE—Conduct prejudicial to good order and miliiury di.scipline.

Specification—In this, that he, John Latsch, Private Co. H, 3d U. S. lu- fantr3',"did, while drank, stab James Sheehan, Co. H, 3d U. S. Infantry, in the back, head and hands with a butcher knife.

L5] All this at Fort Dodf^e. Kiiiisus, on or alxnit the 4tli day ol July. 1M(;7.

PLKA.

To tho sjiecitioiition Gu'illi). To the charge, (huliti.

FINDINC;.

Ot the speciticatiou, (i-wUii. Of the charge (iniUy.

SENTENCE.

"To forfeit to the United States ten (10) dollars of his monthly pay for the period of one month."

9th.—Charles A. Kenyon. Private Co. I, .S7tli V. S. Iiifantry. on the fol- fo\ving charge and specification:

CHAiuiE Desertion.

Specijimtioii In this, that he, Charles A. Kenyon, Private Co. I, :57th U. S. Infantry, a duly enlisted man in the service of the United St<at*s. did desert the same, and did remain aV)sent until ap])rehended at or near Sand Creek, C. T.. June 8. 18(57.

All this at Cimaroon Crossing. Kansas, on or ahotit the 2d dav of Juno. 1867.

j.i^-

To the specihcution AW <iuUly. To the charge, Xot Guilfij.


FINDINCi.

Of the speciticrttion, Guiltij. except the words "did desert," and -'apprehended," .substituting therefor, did absent himself without leave, and did surrender.

Of the charge Not Gtdlty. but guilty of absence without leave.

SENTENCE.

•To forfeit to the United States ten dollars of his monthly pay tor tin l)eriod of six months.

II... The proceedings and findings in the case of Private Timothy Horan, Co. H, 3d Infantry, are approved. The prisoner will be released from confinement and restored to duty.

In the cases of Privates Michael Barrett, Co. H, and Charles Walker, of Co. A, 3d Infantry, the record of the C'ourt is fatally defective in as much as it does not show that the Court convened in pursuance of the order

ooustituting it. The proceedings are therefore disapproved. The evidence acquits the prisoners. They will be released from arrest and restored to fluty.

In the cases ol Sergeant John P. C'. O'Connor. Co. H, 3d Infantry, Pri- vates James McDonald, Edward McKeirnan and Thomas Murray, Co. B. 7th U. S. Cavalry, John Latsch, Co. H, 3d Infantry, and Charles A. Ken- ynii. Co. I. 37th V. S. Tnfantrv, the record of the Court is fatallv defective

in not .showing that the Covirt assembled in pursuance of the order convening it. The proceedings, findings and sentences are therefore disapproved. The prisoners will be released from confinement and returned to duty. Thns from an oversight in the record of the Court, six enlisted men evidently guilty as shown by the evidence, escape the jiist punishment of their offences, and the example is lost in deterring others from the commission of similar crimes.

III.... The General Court Martial of which Major Henry Douglas, 3(1 V. S. Infantry, is President, is hereby dissolved.

By command of Brevet Major rreneral A. J. SMITH:

CHAUNCEY McKEEVER. AssisUtnf Adjuldnt (fenera,.

OwnciAjr.

(

G. C. M.

• 'l4

J

1. John G. Maynard, Corporal Co. B, 7th U. S. Cavalry.

♦•♦

HEADQUAKTERS DEPARTMENT OF THE MISSOURI, FORT LEAVENWORTH, KANSAS, Sept. 20, 1867.

GENERAL ORDERS,

No. 6.

I Before a General Conrt Martial which convened at Fort Dodge, Kansas, August 6, _1867, pursuant to Special Orders No. 161, current series, from these Headquarters, and of which Major HENRY DOUGLAS, 3d U. S. Infantry, is President, was arraigned and tried:

John G. Maynard, Corpt)ral Co. B, 7th U. S. Cavalrj% on the following charge and specification:

CHARGE— Conduct prejudicial to (jood order ami military discipline.

Specificutinn -In this, that he, John G. Maynard, Corporal B Troop, 7th U. S. Cavalry, did forge the name of Major W. Cooper, 7th U. S. Cavalry, and present an order for whiskey on the sutler at Fort Hays, Kansas, with the name of Major W. Cooper, 7th U. S. Cavalry, forged thereon.

All this at Fort Hays, Kansas, on or about the 15th day of May, 1867.

PLEA.

To the specification, Xot Guilty, except the words, "and present an order for whiskey on the sutler at

Fort Hays, Kansas." To the charge, Xol Guilty.

FINDING.

Of the specification, Xot Guilty, except the words, "and present an order for whiskey on the sutler at

Fort Hays, Kansas." Of the charge, Xot Ouilty.

And the Court does therefore accpiit him.

n.... The record in the case of Corporal John G. Maynard, Co. B, 7th U. S. Cavalry, is fatallj' defective in not showing that the Court assembled pursuant to the order constituting it, and the proceedings are thei'efore disapproved. The evidence acquits the prisoner. He will be released from aiTest and restored to duty.

By command of Brevet Major General A. J. SMITH :

CHAUNCEY McKEEVER,


OFFICUL:

G. C. M.

1. CitptaiTi Jtiiiies K. Kemhle. .'{(1 Cuviilrv. I'. S. Armv.

• «

HKAIH^U ART Kits DEPAKTMKNT OF IHK MiSSOlKI.

FOR I LKAVKN-WOHIH. KANSAS. Sept. 21. I«*i7.

(iKNKKAr. OKDKKS. j

No. 7. \

[....Before M (Teneriil Court Mtutiul wiiii-li couveneil at Fort I'tiiou. N. M., August 17, lH(i7. pursuant to Special Orders N(». Ifid. furreiit series, from these Heailquarters, ami of which Brevet Lieut. Col. ROBKRT

W. BAHNARH, Captain :<7th V. S. Infmitrv. is Presiileiit. was arraigned and

tried:

Captain .Janies K. Kendile. :{d Cavalry. C. S. .\rni\. on the following; charges and sj>efitications:

CHAROK 1st Coiulwi U> thr prf/iulicf nf tjtiiiil (inli-r niul inUil/iry disi-ipllni-.

Specijiratidr) In tViis. that Cai)tain Jauies K. Kend)le. .{d Cavalry, I'. S. A., heiug in t*'nip*)rarv command of the Post of Fort Wingate, N. M.. (lid alter, in violation of the Revised Regulations for the .Vrmy of the I'nited St^ites, the stHiiding orders of the permanent or regular commander of the post, without urgent and without proper authority.

This at Fort Wingate. N. M.. on or about the 24th and Mst davs of May. 1H«7. and the 1st and 9th days of Jnne. 1H«7.

CHAK<iK 2d hisDhed'ieiiCf iif iinlfis. SfterifirutitHi Isf In this, that Captain James R. Kemhle. M Cavalry, I'.

S. A., having been ordered by Captain ¥J. Butler, .">th Infty.. U. S. A., his post commander, to furnish to Headquarters. Fort Wingate, N. M.. a copy of his (Caj)t*iin Kemble's) rej)ort of a scout made by him by order of the Dis- trict commander, did return the order witli an endorsement to the effect and meaning that V>nt one copy of his icpoit had been made out that it had been sent to District Head()uarters. ami that he could not furnish a cim-eet copy that having been ordered to furnish a copy as correct as might be. he. Captain James R. Kemble. M (Cavalry, U. S. A., did state secondly, in an official communication dated June 10th, 18fi7. and ad- <lressed to the Post Adjutant at Fort Wingate. N. M.. that -'the notes taken during my (his) late scout have been (through mistake) destroyed;" that then, his attenticm having been called to Par. 708. Revised Reg- ulations for the .Vrmy. Edition of 1861, and txi the concluding paragraph of Lieut. Geii'l. Shennan's (xeneral Orders No. 4. Headcpiarters Military Di- vision of the Mississippi, series of 1867, and being ordered, in case of the complete destruction of his notes or journal, to report as well as possible from luemorv'. the remarkable features of the crountry visited V)y him in the vicinity of the Ajodela Jara, the information being needed immediately, he. Captain Jnm. s R. Kemble. 3d Cavalry, U. S. A., did state thirdly, in

d

iui officiitl letter dated June 11, 18(37, iiud addressed to the Post Adjutaiit at Fort Winjâte, N. M., that the said notes were "mislaid" or '-lost."

This at Fort Winjâte, N. M., on or about the lOth and 11th days of •Tune, 18()7.

Sperificdlioii 2il —In this, that Captain James K. Kemble, 3d Cavalry, U. S. A., acting for Captain Fraak H. Wilson, 3d Cavalry, U. S. A., A. A. Q. M., of the Po3t of Fort Wingate, N. M., during the absence of Cai)tain Wilson on official duty, did fail to comjily with Par. 3, 8. O. No. 5;>, from Headquarters Fort Wingate, N. M., series of 18(57, which is in words and tignres as follows: "Par. 3. The A. A. Q. M., or the ofKcer acting for him during his absence on official duty, will use every endeavor to hasten the (•onii)letion of the stockadeM and other defensive arrangements now in course of erection at this Post:"—and did take away mechanics, laborers and prisoners engaged in the before mentioned stockades and defensive arrangements from that work and employ them at ot'ier work which was not ordered by })roper authority, and for which t lere was no urgency.

This at Fort Wingate, N. M.", on or about the 2-th and 31st days of May, 1S()7, and on or about the 1st and !)th days of June, 18(17.

CHARGE 3d— Bisirspeclful coitilnrt Imr.irds his ('oiiuiriinliiiii OJficfr.

Specificdtloii—In this, that Captain James R. Kemble, 3d Cavali-y, U. S. A., when reporting to his conniianding officer. Captain E. Butler, otli In- fantry, U. S. A., commanding the Post of F(u-t Wingate, N. M., for t)rders as Officer of the Day, t)n being told by his commanding officer aforesaid to give the customary salutation, did say in an insubordinate and impertinent manner: "Can't do it sir! When I know whether yon are a citizen or an f)f- ticer—when you go and i)ut your proper dress on, I'll do it!" or words to the same effect and meaning, when he, Captain James R. Kemble, 3d Cav- alry, U. S. A., lid well know that the .said Captain E. Butler, oth Infantry, U. 8. A., was an officer, and not a citizen—wasthecommander of the Post, where he. Captain James R. Kemble, 3d Cavalry, U. S. A., was then serving, and under whom ii^N Captain James R. Kemble, had been regularly serving from the month of December, 18(!(), a period of over five months, and to whom during that period he, Caj)taiii James R. Kemble, 3d Cavalry, I". S. A., had regularly reported for orders, and to whom he. Captain Kem- ble, had i)reviously invariably given the c-stcmii'i-y sp.lutr.ticn on all occasions and under similar circumstances.

This at Fort Wingate, N. M., on or about the 12th day of June, 18(i7.

ADDITIONAL CHARGES AND HPECIFICATIONS.

CHAECJE 1st—Breach of arrest Sj,erlfic(ilii)ii--lii this, that Captain James R. Kemble, 3d Cavalry, I-. S.

A,, having been placed in arrest by proper authority, and having had the limits of his airest extended at his own request to include two miles in all directions from the post of Fort Wingate, N. M., as a centre, did pass the limits assigned him, and did go to Los Remanzos, N. M., a distance ot from thirteen to fourteen miles from the Po.st of Fort Wingate, N. M.. \îthout permission from proper authority.

This at or near Fort Wingate, N. M., and on or about the 2(tth day (^f June, 1867.

CHARGE 2d - (h)alud

Spec{ti('ati(>n —In this, that

ibecomiiiii an officer (tud a (jenthmati. ^__,. _„ , Captain James R. Kemble, 3d U. S.

Cavalry, in a written oflticial report of an Indian scout made by hiin, and addressed to the Acting Assistant Adjutant General of the District ol New Mexico, and dated Fort Wingate, N. M., Mav'2(l. 1867. did state m

winds iiiul tiLfures as follows: "Left ('amp No. 4, Ojodebi Joruadii, at tme o'clock p. M.; met (!apt. Cain with his detachment of Co. C, 8d U. iS. Cavalry, at this canip; water brackish; grass and wood plenty: saw no Indian signs: -when he, Capt. James R. Kemble, 3d Cavalry, U. S. A.. with his command, did not camp at the Ojodela Jara. and did not visit tin said Ojodela Jara.

This at Fort Wingate. N.M.. and on (^j- about the 2(lth day of May. 18(i7.

To the specification 1st charge Not (ridlty. To the 1st charge, Not Guiltij. To the 1st specitication '2d charge, Not G-ailiy. To the "id specification '2A chargi'.. Not Gniltq. To tlie -id charge Xat Gnilit/. To the speciticatioji 3d chargf. \iit Giditi/. To the 3d charge, \<>l (inill'u. To the specification 1st additional charge .\<it Hnillt/. To tlie 1st additional charge Not GaiUi/. To the sj)ecification 'id aihlitional charge .__., Not Guilty. To the '2d additional charge. '. Not Gtdlty.

Of the sjjecification 1st charge, Not Guilty. Of the 1st charge, . .Vo^ Giiiliy. Of the 1st specification 2d charge, .... (inilty.

hut attaches no criminalty thereto. Of the 2d specification 2d charge.. . . A'o^ Guilty. Of the 2d charge, Not GniUy. ()♦' the 1st S2iecificati(m 3d charge, GnUty.

except the words, "in an insubordinate and impertinent manner." "and to whom during that period he. Cajjtain James K. Kemble, 3d V. S. Cavalry. V. S. A., had regularly reported for orders, and to whom be, ('apt. Kemble. had previously invariably given the customary salutation on all similar occasions, and undt'r similar circumstances."

Of the 3d charge, .ô/ Guilty. Of the specification of the 1st additiimal charge,... Sot Guilty. Of the 1st additional charge Not Guilty. Of the specification of the 2d additional charge, Not Guilty. Of the 2d additional chtirge, Not Guiliy.

.\nd the (ôurt does therefore actpiit him.

11....The proceedings and findings in the case of Captain J. K. Kemble, 3d U. S. (âvalry. are approved. Captain Keml)le will be released from arrest and returned to dutv.

hy conunand of Brevet Major (reneral A. J. SMITH:

CHAUNCEY McKEEVER, As.'ii.itnnt Arljidnnt General.

Jl^liJI

OFFICI.U.:

^/^'

|:i ii^'

G. C. M.

1. Lewis Heist, Private Co. T, 3d U. S. Infantiy. 2. Ens^iie J. (yorrigan, Sergeant Co. C, 7th U. S. Cavalry.

HEADQUAllTEES DEPARTMENT OF THE MISSOURI,

FORT LEAVENWOKTH, KANSAS, Sept. 23, 1867.

GENEKAL OiiDEltS, I

Nu. S. j

I,.. .Belore a General Court Martial which couveiied at Fort Lyon, C. T., August 8, 1807, pursuant to Special Orders No. 161, cuiTcnt series, Uoni these Ht adqnartcrs, and oi which Brevet Brigadier General WTT.T.TAM

II. pENKt)SE, Cai)taiu 3d U. S. Infantry, is President, were arraigned and tried:

Isi. LL-vvis Heist, Private Co. I, 3d U. S. Infantry, on the following chiuge and spec;ric:ation:

CHARGE—N&jleci of duty.

Spec'ijirnVion - In this, that Private Lewis Heist, Co. 1, 3d U. S. lu- lantiy, a Uxcmber of the guard mounted at Fort Lyon, C. T., June 18, 18G7, did permit iwo jjrisoners to escape from the guard-house, viz: Jauies SIale)y, Corjxiral Troo2> C, 7th U. S. Cavalry, Lawrence Hartigan, Private Troop C, 7th U. S. Cavalry, the said Private Lewis Heist being iluly posted as a sentinel on No. 1 post in front of the guard house, in charge of the prisoners at the time of their escape.

Tins at Fort Lyon, C. T., on or about the date above specified.

PLEA.

To the specificaiion, Not Guilty. To tht^ eiiarge Not Guilty.

FINDING.

Ofjlie specification, Not Guilty. Of the fiiarge, Not Guilty.

And the Court does therefore accpiit him.

ill. -Eugene J. Corrigan, Sergeant Co. C, 7th U. S. Cavalry, on the .'blowing charge and specifications:

CHARGE—Neyled of Duty. Sperififdtioii l.st In this, that Eugene J. Corrigan, Sergeant Troop C, 7th

U. S. Cavalry, Sergeant of the guard duly mounted at Fort Lyon, C. T., ou the I8th of June, 1867, did permit two prisoners under his charge to e jcape from the gu.ud-house between Retreat and Tattoo on the evening of June 18, 18(;7. viz: James Maloy, Coi-jioral Troop C, 7th U. S. Cavalry, Liwrcuce Hartigiin, Private Troop C, 7th U. S. Cavalry; the said Sergeant Ei'.geue J. Corrigan being in command of the guard.

Specification 2d^In tliis, that he, Sergeant Eugene J. Corrigan, Troop C, 7th U. S. Cavalry, being iu command of the guard duly mounted at Fort Lyon, C T., June 18, 1867, did permit the prisoners to leave the guard tents and lay around on the ground outside promiscuously, after the said Sergeant Corrigan had been cautioned not to allow the prisoners to leave the guard tents by the Officer of the Day.

This at Fort Lyon, C. T., on or about the date above specified.

PLEA.

To the 1st specification, Not GulHi/. To the '2d specification, Not Gu'diij. To the charge Not GuHiy.

FINDING.

Of the 1st specification, Not Guilty. Of the 2d specification, Gnilt'tj. Of the charge, Guilty.

SENTENCE.

"To be reduced to the ranks."

II.... The proceedings and findings in the case of Private Lewis Heist. Co. I, 3d U. S. Infantry, are approved. He will be released from confinement and returned to duty.

In the case of Sergeant Eugene J. Corrigan, Co. C, 7th U. S Cavalry, the proceedings, findings and sentence are approved. The sentence will

be carried into effect.

By command of Brevet Major General A. J. SMITH : •»

CHAUNCEY McKEEVER,

.l.s'.sv'.s'^n)^ Adjutant General.

OFFICIAL:

G. C. M. pi"

1. Siunnel Stewart, Pijvate Co. B, :Wth U. S. Iiilimtw. 2. James Zea^le. Piivate To. H. HHth T'. S. Iiifantv\.

M HEAlH^UAirrKKS DEPAltTMENT OF THE MISSOUKI. FoKT TJKAVKNWOUTH. KANSAS. St])t. 2'A. 1H('.7.

(TKNEKAI.

No.

I. . Before a (ieiieral Court Martial which eouveiied at Fort Marker, Kan- sas, July M. 18t>7, pursnaiit to Special Orders No. Hil. current series, from these Head<iiiarters, and of which Brevet Major W. H. BEI-L. Captiiin and ('onnuissarA' of Snbsisteivce, U. S. A., is President, were armi^^ned and tried.

iKt. Sanniel Stewart, Private Co. B. 3Hth IT. S. Infantry, on the followin}< charge and sjyecitication :

CHAKciK Ite.sfi-titni. Si>ecjji(:iiti<))i In this, that Samnel Stewart. Private of Co. B, 38th In-

fautrj-, V. S. A., haviuj^ been dnly enlisted into the service of the United States, did desert therefrom on the 2*)th day of June, ]8(;7, and did not return until he was arrested and brought back to the station of his company at Fort Harker, Kansas, on or aV)out July 'id. A. I). 1H(!7.

This at or near Fort Harkei-. Kansas, on or about the '2f?th day of Jime. A. D. 18(i7.

To the specification. To the charge

liiiiltij.

Of the specification, (hdlty. Of the charge. (hdJiy.

SKNTENCE.

■To forfeit to the United States all pay and allowances that are due him upon the promulgation of this sentence, and fourteen dollars ($14) per month of his monthly pay tor six months thereafter, and t(^ be ecuitined at liard labor under charge of the guard at such ])lace as the commanding Oeneral shall direct, fen- the same period."

2d. .James Zeagle, Private Co. H. 38th U. S. Infantry, on the following fliarge and specification:

CHABGE (hniivri to thf prejutiicf of t/iMxl nrtler and military fUscipline.

Specijicatiii), In this, that the said James Zeagle, Private Co. H, 38tli Infantry, did steal and take from a tent, three (3) bottles, more <)r less, of

Ilf" 'I

1.^1 brandy, the property of the United States, iind for which Brevet Major El\ McClellan, Assistant Siirj^eon U. S. Army, was responsible, and did app!\ the said three (3) bottles, more or less, of brandy to his, tlie said Privati- James Zeagle's, use or benetit.

This at the camp of the 38th Infantry, nciir P'ort Harker/Kansas, on or about the night of the 12th of Jnly, ]Si";7.

PT.EA.

To the specilication Giiilti/. To the (•har!j;e 'iidlfii.

FJNOING.

Of the specilication Hn'ili::, Of the charge, 'n^nSii,

SF.NTENCK.

•■To forfeit to the TTnited States ten (10) dollars for the liipior stolen, and to forfeit ten (If)) dollars of his monthly pay for four nKiiths."

II. . . .The proceedings, tindings and sentence in the case of Private Samuel Stewart, Co. B, 38th Infantry, are approved. The sentence will he duly carried ijito effect at the post wlnn-e his comi^any shall be serving.

In the case of Private James Zeagle, {'o. H, 38th U. S. Infantry, the proceedings, findings and sentence are approved. The sentence will be duly executed l)y the commander of his company.

By connuand of JJrevet Major (xeneral A. J. SMITH:

CHAUNCP:Y M(-KEEVEE. Aftsisiant Adpiiaiit Gpvcral.

(T. C. M.

1. S. M. Bremensteehl, Private Co. B, 3(1 IT. S. Inl'iUitiv.

•2. Peter G. Baylor, Private Co. D, M V. S. Infantry. ;i. Levi Broonitield. Private Co. A, lOth IT. S. Cavalry. 4. Charles Lee. Private (^o. G. M U. S. Infantry. ■). John Morgan. Corporal Co. I. 'M U. S. Infantry.

HEAD(i"lTAKTEIl.S DEl'AKTMENT OF THE JIISSCl'lU, FORT LKAVENWOKTH, KVNS.VS, O'tobe;- l'.». IS,'!?.

(iKNKltAI. OHDKKS. i

No. 13. f

I Ht'lnre a (Jeneral Corrt Martial \vhi<-h convened at Fort Larneil. Kansas, Se})tenil)er 2ii, 1)S()7, pursnant to Si)eeial Orders No. "iOO. 1st series of 18H7. from these Head(juarters, and of which Major M. S. KIDD,

H'th U. S. Cavalry, is President, weie arrnit.;n« d and tried:

1st. S. M. Bremensteehl, Private (To. B, M V. S. Infantry, on tlic fol- liiwinjr cliar^^e and specification:

CH.\n(iK Ifpsi-iiioii hi rlolnfinn of till' -liUli Arlii-liuf Wm:

Sfiei-ijjriil'ii»i In this, that the said S. M. Bremensteehl, Private ("o. B, ;{il KeL,'iiiu>nt C S. Infantry, a duly enlisted soldier in the service of the t'uited States, did desert the same at Fort Earned, Kansas, on or about the :kl day of Auf:;nst. 1H(!7. and did remain absent until ai)prehended l)y ii l)arty ()f company A, lOth Rejj;iment V. S. Cavalry, at or near Pawncr Kiick. Kansas, on or about the 13th day of .\ugiist, IH*')?.

All this at or near Fort Ijarned. Kansas, on or abotit the dates above ■specified.

To the spc(iticatit)n. To the charge, iimlty.

i*f the specification. Of the char-re ihdUy. (jhdUy.

SKNTKNCi:.

To be confined at hard labor in charge of a guard tor six montlis: tn wear a ball and chain attached to his left leg, (length of chain, thrive f, , f.

L2J weight of bull, 1"2 lbs.,) and to forfeit to the United States ten dolhirN (SIO) per month of his monthly pay for the same period.

•2d.-Peter G. Baylor, Private Co. D, 3dU. S. Infantry, on the following charges and specitications:

(IHAK(»E 1st - (b)ulnd to the prejiuUre <>f (jooil order and miliinry discipUn^. Spei'ificdtioH \>it—In this, that he. Private Peter G. Baylor, did steal or

assist in stealing, from a clothing-box in the orderly-room of company D. MV. S. Infantry, two ;2 revolvers, valnedat fifty dollars, (S50,) the proj)- erty of two enlisted men of the 7th Cavalry.

This at Fort Larned, Kansas, on or about the 5th day of July, 1M()7. SperJfiadU,)) 2(1 In thi.s, that he. Private Peter G. Baylor, Co. D. 3d V.

S, Infantry, did become so much under the influence of liquor as to be nnal)le to perform the duties of a soldier.

This at Fort Lirned, Kansas, on or about the 5th day of July, 18(i7.

CHAK(iE 2(\~- Absence icifhout Lenre. Sperijieitfion 111 this, that he. Private Peter G. Baylor, Co. D, ;kl In-

fantry, did aljsent himself from his company and (juarters until after Re- treat, when he was contined.

All this at Fort Larned, Kansas, on or about the 5th day of July, 18t)7.

PLEA.

To the 1st specification 1st charge, Kot (ruiHy. To the •2d specification 1st charge, Not Guilty. To the 1st charge, Xot Guilty. To the specification 2d charge, Xot Guilty. To the 2d charge, Xot Guilty.

FINDING.

()f the 1st specification 1st charge, Xot Guilty. Of the 2d specification 1st charge, Xot Guilty. Of the 1st charge, Xot Guilty. Of the specification 2d charge, Xot Guilty. Of the 2d charge, Xot Guilty.


3d. —Levi Broonifield, Private Co. A, 10th U. S. Cavalry, on the following charge and specification:

CHAHOE Chnduct prejudicifll to (jood order und military di.^icipline.

Specification -In this, that he. Private Levi Bro(jiufield, Co. A, 10th I'. S. Cavalry, when ordered by Sergeant John Taylor, of said company and regiment to dismount of!" his horse, did positively refuse to obey said order, and when taken off his horse, did load his carbine and say: ' 'You damned Hon of a bitch, I will fix you!" or words to that effect.

This at or near Fort Zarah, Kansas, on ov about the 24th day of July, 18t)7. PLEA.

To the specification, Xot Guilty. To the charge, Xot Guilty.

FINDING.

Of the specification, 6^"''%- Of the charge, G^'*'''.V-

SENTENCE.

Tt) l)c confined at hard labor for one year at such place as the General

L3J (■()miiJ!iiulin<< the Department .shall direct. To forfeit all \n\\ and allow- (inces nt>\v due or which may become due, except the just dues of the sutler and laundress, and to be dishonorably discharged the service of the United States.

II. .. .The jjroceedings, findings and sentence in the foregoing case of IMvate S. M. Breniensteehl, Co. B, 3d U. 8. Infantry, are approved, and the sentence will be duly executed.

In the case of Private Peter G. Baylor, Co. D, 3d U. S. Infantry, the proceedings and findings are approved. The prisoner having been ac- (juitted will be reU-ased from confinement and returned to duty.

In the ca.se of Private Levi Broomfield, Co. A, 10th l^ S. Cavalry, the proceedings and findings are api)roved. The .sentence is mitigated to confinement at hard labor under charge of the guard where his company may be stationed, for the period of six months, and to forfeit Sid per month of his pay lor the same period.

III. . . The (General Court Martial of which Major M. S. Kidd, Ktth V. S. Cavalry, is President, is hereby dissolved.

IV. .. Before a General Court Martial which convened at Fort Lyon, C. T., August 8, 18H7, pursuant to Special Orders No. KJl, 1st series of 1H(J7, from these Headcpiarters, and of which Brevet Brigadier General WIL-

Li.\M H. PENIU^SE, Captain 3d Infantry, is President, were anaigned and tried :

1st.- Charles Lee, Private Co. G, 3d V. S. Infantry, on the following charge and specification :

CH.vmJE - ViolntUni of the n^)th Arlirle of War.

Spedfirtitioii -In this, that he, Prirate Charles Lef, Co. G, 3d U. S. Infantry, a member of the guard duly mounted at Fort Lyon, C. T., June 23, 1H()7, did absent himself (without urgent necessity, or leave from his supei'ior officer) from his guard, between the hours of 3 and 4 o'clock A. M., June 24, 1867, and did remain absent until found by acting Corpo- ral James Smith of same company and regiment, in his company quarters, with his accoutrements otf, and asleep, between the hours of 4 and "> o'clock A. M. June 24, 1807.

This at Fort Lyon, C. T., on or about the dates above specified.

PLEA. To the specification, Not Guilty. To the charge, Not Guilty.

FINDING. Of the specification, Xot Guilty. Of the charge, Not Guilty.


2d.-John Morgan, Corporal Co. I, 3d U. S. Infantry, on the following charges and specifications :

CHARGE 1st—Neijlevt (f duty.

Specification In this, that he, Corpoi-al John Morgan, Co. I, 3d IT. S.

[41 Iiitaiitiy, dill while (»ii duty with his ((Hiipiiiiy on u scout after Indimis allow the men to leave their ranks and straggle from the command, and did not nse or attempt to nse his authority as a non-citmmissioned officer to 2>revent it, and did say on his return to camp to his commanding officer Captain and Brevet Brigadier General William H. Penrose, 3d U. S. Iniantry: •'! did it on pnipose!" meaning he neglected his duty on purpose, and did himself stniggle away from the command.

This on or about the 2'.)d day of June, 18(17, while on a scout after Indians at or near PurgatoiT river, Colorado Temtory.

CHAR(1E 2d- Drankenness <>ii duty.

Si>e('lfi('(iti<ni In this, that he. Corporal John Morgan, Co. I. 3d U. S. Infantry, did while on duty with his company when on a scout after Indians become so nnicli under the intiuence of intoxicating liipior as to be unable to properly perform his duty.

This on or about the ■23d day of June, 18(J7, while on a scout after Indians at or near the Purgatory river, Colorado Temtory.

CHAUOE 3d Dlsrespi'i-t toirards his Ihuiinniiffiriti lyfjicer.

Spcrificdiitni—In this, that he. Corporal John Morgan, Co. I. 3d l'. S. Infantry, did, when told by his connnanding officer, Captain and Brevet Brigadier (Jeneral William H. Penrt)se. 3d U. S. Infantry, to keep the men in their place m the ranks, reply to him in iv disrespectful manner: ■'I can't keep them up!" or words t<t that ett'ect.

This on or about the 23d day of June, 18()7, while on a scout after Indians near the Purgatoiy river, ("olorado Territory.

CHARGE -Itli - CO/((/I(('/ prfjndiciiti lo i/ood order (Uid iiiilitdry disvipHnc.

Spedficatiun-'In this, that he. Corporal John Morgan, Co. I, 3d U. S. Infantry, did enter into and participate in a fight with Private Michael Daley, of the same company and regiment.

This on or about the 23d day of June, 1887, while returning from ii scout after the Indians near the Prrgatory river, Colorado Territory.

PLEA.

To the specification 1st charge, Not (fuHly. To the 1st charge, Not (rullty. To the specification 2d charge, Not (iailty. To the 2d charge, Not (hdlty. To the specification 3d charge, Not Gxiliy. To the 3d charge, Not Guilty. To the specification 4th charge, Not Guilty. To the 4th charge, Not Guilty.

FINDINti.

Of the specification 1st charge, Not Guilty. Of the 1st charge, Not Guilty. Of the specification 2d charge, .Vo^ Guilty. Of the 2d charge, Not Gidlt'y. Of the specification 3d charge, Not Guilty. Of the 3d charge, Not Guilty. Of the specification 4th charge Not Gnilty. Of the 4th charge, '. Not Guilty.


V. .. .The proceedings and findings in the foregoing cases of Corporal

|5J John Moi^'iui, ('o. I, iind Private Chsirles Lee, Co. G, 3d U. S. Infiiutiy, are iii)i)r()ve(l. They will be relensed from confinement and returned to

duty.

VI.... The (reneral Court Martial of which Brevet Brij^adier General William H. Penrose. Captain 'M Infantry is President, is hereby dissolved.

By eommand of Brevet MA.TOU GENER.M, A. J. SMITH :

R. CHANDLER, Adbiij Assistant Adjutant 'renerai.

( )FFICI.\I.

A'iiiiij Assistant Aitjntant General.

f

II

G. C. M.

Edwiutl Uiitties. Private Co. (T, lOth U. S. Ciiv;iliy.

\Villi!nn Hall, Sergeant Co. E, 7th U. S. Cavaliy. Williiua E. Cooper, Private Co. E, 7tli U. S. Cavulry. (ieorge A. Delzell, Private Co. E^ 7th U. S. Cavalry. Dauiel Dehuet,'e, Private Co. E, 7th U. S. Cavalry. .\ngustus Jones, Private ('o. E, oth U. S. Infantry. Henry O'Donnell, Corporal Battery B, 4th U. S. Avtillery.

HEADQUARTERS DEPAR'J^JIENT OF THE ^MISSOURI, Four IjK.AVKNWoiiiH. KANSAS, October "21. ]N(')7.

(rKNKltAL OllDKRS, I

No. 14. \

I Before a (xeneral Court Martial whieh convt-ned at Fort Hays. Kan- sas. September 18. 18(i7, pursuant to Special Orders No. 2(X). 1st series of W>1, from these Headijuarters, and of which Brevet Major (iEOR(iE A. Vr,MEs, Cai)tain Kith Cavalry, is President, were arraigned and tried:

1st. Edward Battles, Private Co. (T, 10th II. S. Cavalry. <u» the lollow- iuiT charges and s])ecitications:

(^HAU(;E 1st Deseiiio)!. Sjierlfirdtioi, In this, that he. Private Edward Battles. Co. (r. Kith IJ. S.

Cavalry, having been duly detailed as member of an escort to escort and ;,'iiard Mr. Withorell, Paymaster I'nion Pacific Railroad, to a point near Fort Hays. Kansas, did absent himsclftiom snid escort and his connnand. without p(>rmissi(ni froiu })roi)er authority, and did remain absent until •ipinehended by Lance Corporal Amos Huggins and Private Johnson ^Vythe, Co. G, lOth U. S. Cavalry, who had i)een sent in pursuit of him.

This at or near King's cam[». Kansas, on or about the "ifith day of July. IHfiT.

''HAIUiE 2d Alijiniliri'diiiij to his (Urn i/.sr .l;-/y(.s- mill Hfiumlriunmits hi'lnmliitil

In the Fnited States.

^'perifjrqtiiiit—In this, that he. Private Edward Battles, Co. G, lOth U. >^. Cavalry, did absent himself from his command and the service of the Tnited States^ with the view and intention of deserting said service, with- "ut proper authority, and did steal with intent to appropriate to his own 'ise one (1) horse, one (1) set of ecpiipnients, (cavalry complete.) one (1) laibine and one (1) set of carbine appendages and accoutrements, know-

1IH

i4. 12] '

iuf^' that said pr(>i»evty belonged to the United States. This at or near Kinp;'s Camp, Kansas, on or abont the '2()th da\' ofJnlv.

I8f;7.

I'LEA.

To the specitieatiou 1st charge, Guilli/. To the 1st charge, Gitillij. To the specilication 2d cluvrge, Xot G^uUi/. To the -id eharge. ' Aof Gvill]i. |l|

Of the speeitication 1st eharge Guilti/. Of the Ist charge, Guiltij. Of the specificati(in 2d charge, Guilty. Of the 2d charge, Guilty.

SENTENCK.

To tour (-I) months hard labor with ball and chain in charge of the guard, and forfeit to the United States one half of his monthly pay for six ((!) months.

2d.- WiUiam Hall, Sergeant Co. E, 7th V. S. Cavalry, on the following charges and specifications:

CHAK<IE 1st—Quitti)i(i his (jiKiril.

Specification—In \h\ii, that he. Sergeant William Hall, Co. E, 7th I^. S. Cavalry, being Sergeant of the guard regularly detailed and duly mounted on the morning of February 23, 18G7, did quit his guard without projjcv authority, about 12} o'clock p. M., and did remain absent all day.

This at or near Fort Hays, Kansas, on or about Feli-uary 23, 18()7.

CHARGE 2d—Drunk on. <juurd. Specification —In this, that he, Sergeant William Hall, Co. E, 7th U. S.

Cavalry, being Sergeant of the guard regularly detailed and duly mounted on the morning of February 23, 1867, did become so much under the influence of liquor as to be unable to properly perform his duties as a Ser- geant of the guard.

All this at or near Fort Hays, Kansas, on or about February 23, 18Ci7.

PLEA.

To the specification 1st charge, Not Guilty. To the 1st charge, Xol Guilty. To the specification 2d charge, liot Guilty. To the 2d charge, . Xot Guilty.

FINDING.

Of the specification 1st charge, Not Guilty. I A Of the 1st charge, Not Guilty. Of the specification 2d charge, Xot Guilty. Of the 2d charge, Xot Gnilt'y-


3d.—William E. Cooper, Private Co. E, 7th U. S. Cavalry, on the following charges and specifications:

CHARGE 1st—Quittimi his i/nanl. SpecificiiHon—In this, that he, Private William E. Cooper, Co. E. 7th I'.

S. Cixvaln, being ii uieiiibir of tl f guard ii'guhirly detailed and duly niouuted, on the luorniiig of P^ebruaiy'23. IKdT. did (juit liisguard without proper authority, about 12i o'clock p. M.. and did remain absent the rest of the day.

This at or near P'ort Hays. Kansas, on or about Ft'bruary "ili. ]S()7. .

C'HAiitiE '2(\ - Dntiih oil ijvitnl. ,<jii<-liiriili(iii In this, that he, Private William E. Cooper. Co. E, 7th

I A r. S. Cavahy, being a member of the guard regularly detailed and duly 1^ mounted on the morning of February 23, IHfiT, did l)ecome so much un-

der the iiitiuence of licjuor as to be unable to pro])erly perform his duties as a sentinel.

All this ;it If.- Ill'IV Fort Hays, Kansas, on or about the 2Hd of February. 18(!7.

PLKA.

To the speeitieatioH 1st charge Xnt (hulti). To the 1st charge .Y(*/ GuHl}/. To the s])ecitication 2d charge, Ihtilii^. To the 2d charge, Giiilit).

FINDIN'O.

Of the specification 1st i-harge Sol (Juiltij. Of the 1st charge, Xot Guilty. Of the specification 2d charge, CruiUij. Of the 2d charge, Guilty.

SKNTF:N(J;.

To be confined at hard labor in charge of the guard for the piu'iod of

tifteen (15) days.

4th.- George A. Delzell. Private Co. E. 7th V. S. Cavali'y, on the following charge and .speciticaticui:

CH-AHOE—C(»uhict prejudii'iiil to (jood arder mul uiiiitury (liscipHin:

Spc-ifimlion - -In this, that Private George A. Delzell, Co. E, 7th U. 8. Cavalry, having been duly detailed for duty, in accordance with verbal orders from Commanding Othcer, post of New Fort Hays. Kansas, did. while on such duty, desert his jiarty and leave the reservation of the post. and did remain absent without leave, from the night of the 1th of July. 1807, until the night of the fith of July, 18(57, when he was brought back luider guard, having lost his horse and horse ecjuipnients, and arms and equipments.

This at or near Post oi New Fort Hays. Kansas, on or about the (ith dav of July, 18(;7.

PLKA.

% To the specification, Sot Guilty. To the charge Sot GuiUy.

KINDING.

Of the specification Guilty. Of the charge GidHy.

SENTENCE.

To be confined at hard labor in charge of the guard for .six ((>) months, aud to forfeit to the United States ten (10) dollars of his monthly pay for tlie .same jieriod.

'" 1 if

' '1 II it

14! 5th. —Daniel Delmej^e, Private Co. E, 7th U. S. ('avahy, on the tolhiw-

inp; charges and specifications:

CHAKC.E 1st -{^n')Uin<j kin iputnl.

Speeificatkm-lu this, that he, Private Daniel Dehnego, Co. E, 7th IJ. S. Cavalry, V)eing a member of the gvrard regularly detailed and duly mounted on the morning oi February 23, 18(57, did (juit his guard without pioper authority, about 2 o'cloc'.c p. M., and did remain absent until about 4 o'clock p. M.

This at or near Fort Havs, Kansas, on or aViout the 23d of February, 1«(57.

CHAKCE 2d Dnuik on i/tKird. >)>ec;/i(Y/7!()(( -In this, that he. Private Daniel Delniege, t"o. E. 7th U. H.

('avalry, being a mend)er of the guard regularly detailed and duly mounted on the morning of FeV)ruary 23d, 1867, did V)eeome so nmch under the intluence of liquor as to be unable to pnoperly perform his iluties as a sentinel.

All this at or near Fort Hays. Kansas, on or about the 23d of Feb- ruary. 18(i7.

PLKA. To the specitication 1st charge, Sol Unilli/. To the 1st charge, Xot (huity. To the specification 2d charge, Xoi Guilty. To the 2d charge Xol (ruiliij.

FINDINU.

Of the specification 1st charge, .Vo^ (iuilty. Of the 1st charge, Not (hiUtij. Of the specification 2d charge, ^Vo< (rHtlti/. ()f the 2d charge, Xot Guiliy.


Hth.-Augustus Jones, Private Co. E, oth U. S. Infantry, on the following charge and s]iecification :

CHAIKIE SieriH)iii ou post. Specijimtiox- In this, that Private Augtistns Jones, of Co. E, 5th U. S.

Infantry, having been duly posted as a sentinel, did go to sleep on this post, thereby endangering his comrades' lives.

This at Grinnt^l's Springs, Kansas, on or about the night of the 1st September, 1867.

PLEA.

To the specification Xot Guiliy. To the charge, Xot Guilty.

FINDING.

()f the specification, Guilty. ()f the charge, Guilty.

SENTENCE.

To be confined at hard labor under charge of the guard for the period of six (6) months, wearing a twenty-four (24) pound weight attached to his left leg, and to forfeit to the United States ten dollars (.slO) of his

monthly pay for the same period.

II. . . .The proceedings, findings and sentence in the foregoing case ot

II

[5] Private Edwaiil Biitlies, Co. G, 10th U. S. Cavalry, are disapinovetl. The Record does not show that the Court was •'ditly" sv/oru, which i;; a fatal defect. It being impracticable to re-convene the Court to correct this error, the prisoner Mill be released from confinement and returned to duty.

In the cases of Sergeant William Hall and Private Daniel Delmege, Co. E, 7th U. S. Cavalry, the i)roceedings and findings are approved. The prisoners having been accpiitted will be restored to duty.

In the cases of Privates William E. Cooper and George A. Delzell, Co. E, 7th U. S. Cavaliy, and Private Augustus Jones, Co. E, 5th U. S. Infantry, the proceedings, findings and sentences are approved, and the sentences will be duly executed.

III. . . .The General Court Martial of which Brevet Major George A. Amies, Captain Idth Cavalry, is President, is hereby dissolved.

I"'*IP|

IV... .Before a Genenil Court Martial which convened at Fort Marker,

Kansas, July 31,18{)7, pursuant to Special Orders Nos. IGl and 174, 1st se-

ries of 1867, and Special Orders No. 8, 2d series, from these Headcpiarters,

and of which Brevet Major W. H. BELL, Captain and Commissaiy of Sub-

sistence, is President, were arraigned and tried:

Corporal Henry O'Donnell, Battery B, 4th II. S. Artillery, on the following charge and specification.

CH.\.KGE—Dninkeniiess on <lnty.

S]}e('ific(t1imi—In this, that he. Corporal Henry O'Donnell, Battery B, 4tli U. S. Artillery, did become so much under the iuflueuce of litpior while ill coniiiiand of the guard at Fort Harker, Kansas, as to be unable to jiroj)- erly perform his duty.

All this at Fort Harker, Kansas, oii or about the l;Uh dav of Se])tember. 1867.

PLEA.

To the specification, (inUty. To the charge, U.iV.ly.

FINDINCl.

Of the specification Hu'iUy. Of the charge, (iiiilty.

SENTENCE.

To be reduced to the ranks as a private soldier, and to be confined at hard labor in charge of the guard of Battery B, 4th IT. S. Artillery, for tlu^

period of one (1) month.

V... . The proceedings, findings and sentence in the case of Corporal

Henry O'Donnell, Battery B, 4tli U. S. Artillery, are approved, and the

sentence will be duly executed.

?*■•.

i

[6] VI.... The General Court Martial of which Brevet Major William H.

Bell, Captain and Commissary' of Subsistence, is President, is hereby dissolved.


W. M. BEEBEJr., (kipt. and Act. Asst. Adjt Gen I.

OFFICIAL

'i^^^^^^^i^^.^a^^^.^

«('


G. C. M.

1. (ieoige Paul, Private Co. I, 7th U. S. Cavalry. 2. Perry A. Young, Private Co. I, 7th U. S. Cavalry. 3. Patrick Kean, Private Co. I, 7th V. S. Cavalry. 4. Jereniiivh C. Lynch, Sergeant Co. H, 5th U. S. Infantry. r>. Will.nr F. Fisher, Corporal Co. F. 7th V. S. Cavalry.

«♦>

HEADQUARTERS DEPARTMENT OF THE MlSSOFRl, FORT LEAVENWORTH, KANSAS, October 22, 1867.

GENERAL ORDERS, I

No. 15. j

I... . Before a (Jeneral Court Martial which convened at Fort Wallace. Kansas, September 25, 18(57, pursuant to Si)ecial Orders No. 2(K), 1st series of 1867, from these Headtjuarters. and of which Brevet Colonel HENRY C. BANKHEAD, ('aptain 5th Infantry, is President, were arrtiigned and tried:

1st. -Ge(Uge Paid, Private Co. I, 7th F. S. Cavalry, on the following charges and specifications:

CHAR(iE 1st Insertion.

Sper'tficnlUtti In this, that he, George Paul, Private I Troop, 7th I'. S. Cavalry, having been duly enlisted in the service of the TTnited Stat«s, did desert said service and remain absent therefrom until apprehended at Valinont, C. T., on or about the 20th day of June, 1H(')7.

This near Denver City, C. T., on or about the 27tli day ot June, 1M67.

CHARGE 2d I^rceni^.

Siierifirathn—111 this, that he, George Paul, Private I Troop, 7th U. S. Cavalry, having boeu duly enlisted in the service of the United States, did desert .said service, taking with him one (1) complete set of equi]i- nients, arms and accoutrements, the property of the Unitt'd States.

This near Denver City, C. T., on or about the 27th day of June, 1867.

PLEA.

To the specification 1st charge, Guilttj. To the 1st charge, Guilty. To the specification 2d charge, Not GuUty.

except the words "did desert .said service." To the 2d charge, .V«^ (hi'itty.

FINDING.

Of the specification 1st chai'ge, coufirnis his plea and finds him. . . Gidittj. Of the 1st charge, confirms his jdea and finds him Guittij. Of the specification 2d charge, Not Guiltij.

except the words "did desert said service." Of the 2d charge N„t Guiltij.

L2J SKNTENCE.

To forfeit to the United States all pay and allowunees that art> now due him, or that may become due him, except the jnst dues of the sutler and laundress; to be indelibly marked on the left hiii with the letter D, one and a half inches long; to be confined at hard labor in charge of the guard for six months, with a ball weighing twenty (20) pounds attached to his left leg by a chain three (3) feet in length: at the expiration of which time to have his head shaved and drummed out of service.

•2d. -Perry A. Young, Private Co. I, 7th U. S. Cavalry, on the following charges and specifications:

CHAR(iE Int —Deserti(»i.

SjM'fijicalin)) In this, that he Perry A. Yoi^ng, Private I Troop, 7tli V. S. Cavali';^', having been duly enlisted in the service of the L'nited States. did desert said service, and remain absent therefrom until apprehended near Valmont, 0. T., on or about the 30th day of June, 1807.

This near Denver City, C. T., on or about the 27th day of June, 1H()7.

CHAR<JE 2d — Lareeny.

Spec{ti<-ati()» III this, that he. Perry A. Young, Private I Troop, 7th U. S. Cavalry, having been duly enlisted in the service of the United States, did desert said service, taking with him (me (1) complete set of ecpiipments, arms and accoutrements, the property of the United States.

This near Denver City, C. T., on or about the 27th day of June. 1H(;7.

PI,EA.

To the specification 1st charge, Gitilhj. To the 1st charge, Gitilfy. To the specification 2d charge, Xot Gmliij.

except the words "did desert said service." To the 2d charge, .Vo^ (huHtf.

FINDING.

Of the specification 1st charge, confirms his plea and finds him. . ..(/uilly. ()f the 1st charge, confirms his plea and finds him (ruilh/. Of the specification 2d charge, confirms his plea and finds him \ol GniHij.

except the words "did desert said service." Of the 2d charge, confirms his plea and finds him \nl (ln'iHij.

SENTENCE.

To forfeit to the United States all pay and allowances that are now or that may become due him, except the just dues of the laundress and sutler; to be indelibly marked on the left hip with the letter D, one and a half inches in length; to be confined at hard labor in charge of the guard. with a ball weighing twenty (20) pounds attached to his left leg by a chain three (3) feet in length, for the period of six months; at the expiration of this time, to have his head shaved, and to be drummed out of the service.

3d.- -Patrick Koan, Private Co. I, 7th U. S. Cavalry, on the following i-harges and specifications:

CHABGE Int -Deseiiion.

Specification—In this, that he, Patrick Kean, Private I Tr.;.:}), 7tli U. S. < 'avaliy, having been duly enlisted in the service of the United States.

iit

tlid desert said service, luid renmiii abiieut therefrmii until apprehended at Valnunit, C. T., on or about the 3()th day (tf.Tune, 1H()7.

This near Denver City. C. T., on or about the "iTth day of June. 18(17.

CHAROE '2d Ijtrceriy.

Spcafication In this, that he. Patrick Kean, Private I Trooj), 7th l-. S. Cavalry, havinp; been duly enlisted in the service of the United States, did desert said service, taKinf:^ with him one (1) complete set of ecjuipments.

* 1 * arms and accoutrements, the property of the United States. "iU " This near Denver City. C. T., on or about the 27th day of June. 18()7.

PLKA.

To the specitication 1st churf^e, Hiultij. To the 1st char^,'e, lin'iHij. To the specitication 2d charge,. Sot (hiUiij.

except the words "did desert said service.'" To the 2d charge. SOt tridlli/.

Ill

Of the specitication 1st charge, contirnis his pica and finds him . . tjiiilli/. Of the 1st charge, confirms his plea and tinds him <Tnilti/. Of the specitication 2d charge, confirms his plea and tinds him \nl Gaiify,

exce))t the wonls -'dirl desert said service." ()f the 2d charge. . \<>t liiiWij.

SENTENCE.

To forfeit to the Ihiited States all pay and all()wan<'es that are now or that may become due him, except the just dues of the laundress and

sutler; to be indelibly marked on the left hip with the letter D, one and a half inches in length; to be confined at hard laVior in charge of the guard, with a ball weighing twenty (20) i)ounds attached to his left ICL;

by a chain three (:J) feet in length, for the period of six months: at the expiration of this time, to have his head shaved, and to be drummed out

of the service. 4th. Jeremiah (". Lyiudi. Sergeant Co. H. .")th U. S. Infantry, on th


CHAROE 1st l'<»iihi<'l jirfi'idici'il /<< (/(««/ (inlvi Spe, ificdlioii In this, that he, the said Jeremiah C. Lynch, Sergeant

Co. H. 5th U. S. Infantry, while commanding the detachment at Lake Station, did, on or about the 22d day of August, A. D. 18(J7, when in a state of intoxication, shoot at and wound one McDonough, Private in said c(imi)any.

CHAKdE 2d -J>riin!.P)i:i' rs ((.; ditty.

>^l>eriticntit)ii In this, that he, the said Jeremiah C. Lynch, Sergeant Co. H, oth U. S. Infantiy, while commanding the det^ichinent at Lake Station, did, on or about the 21st day of August, A. D. 18(57, get drunk iuul so remained for twenty-four hours.

.\11 this at Lake Station, Kansas, on or about the 22d dav of August. I«(i7.

PI.EA. To the specitication 1st charge, Vo^ Hailty. To the 1st charge, Not GuUty. To the specification 2(1 (diarge, Sot Guilty. To the 2d charge Vo/ Guilty.

U. S. Infantry, on

/ iiiilltitry tli-'ifiprnii'.

'I

L4J

FINDING.

Of the specification 1st charge, GniUt/. Of the 1st charge, GuiUy. Of the specification 2d charge, Guilty. Of the 2fl charge Guilty.

SENTENCE.

To be reduced to the ranks, and to be confined at hard labor in charge of the guard for four months, and to forfeit to the United States twelve (12) dollars per month of his monthly pay for the same period.

5tii.—Wilbur F. Fisher, Corporal Co. F, 7th U. S. Cavalry, on the lollowing charges and specifications :

CHARGE 1st Drunhetmess mi duty.

SpecifimtiiDi -In this, that he, Corporal Wilbui F. Fisher, Co. F, 7tli U. S. Cavalry, while Corporal in charge of the stable guard, did beconu- intoxicated.

This at Fort Harker, Kansas, on or about the li»th day of March, IHfiT.

CHABGE 2d—Conduct to tlie pi-ejudic*' of t/ood order aud uiiHtury discipline. Specific(dio)i l.s< -In this, that he. Corporal Wilbur F. Fisher, Co. F, 7th

V. S. Cavalry, while Corporal in charge of the stable guard, did fail, on his guard being relieved, to conduct them back to their (piarters, but dismissed them at the stables, and did remain there himself and occupy the room of Sergeant Hugh McGonigel, Quartermaster Sergeant Co. F, 7th Cavalry, and when ordered by Sergeant Hugh Mc(ionigel to leave the same and go to his quarters, did refuse to do so, saying : ' ■ you cannot put me out!" or words to that etiect.

This at Fort Harker, Kansas, (m or about the 19th day of March, 18(57.

Specification 2(/—In this, that he, Corporal Wilbur F. Fisher, Co. F, 7th IJ. S. Cavalry, upon being ordered out of the room by Hugh McGcmigel. Q. M. Sergeant Co. F, 7th U. S. Cavalry, did draw his sabre upon and threaten him. Sergeant McGonigel, and dare him to come out and fight.

This at Fort Harker, Kansas, on oriiVout the 19th day of March, 18()7.

PLEA.

To the specification 1st charge, Not Guilty. To the 1st charge, Not Guilty. To the 1st specification 2d charge, Not Gnilty. To the 2d specification 2d charge, Not Guilty. To the 2d charge, Not Guilty.

FINDING.

Of the specification 1st charge, Not Guilty. Of the 1st charge, Not Guilty. Of the 1st specification 2d charge, Guilty. Of the 2d specification 2d charge, Guilty. Of the 2d charge, Guilty.

SENTENCE.

To be confined at hard labor in charge of the guard for the period of four (4) months, and to forfeit to the United States twelve dollars per

month of his monthly pay for the same period.

[5] II... . The proceedings and findings in the foregoing casew of Privates

George Paul, Perry A. Young, Patrick Kean, Co. I, 7th U. S. Cavahy, are approved. The sentences in each of these cases is mitigated, and will he executed as follows : To forfeit to the United States all pay and allowances that are now or that may become due him, except the just dues of the laundress; to be confined at hard labor in charge of the guard, with a ball weighing twenty (20) pounds attached to his left leg by a chain tliref feet in length, for the period of six months, and at the expiration of this time to have his head shaved, and to be drummed out of the service.

The proceedings, findings and sentence in the case of Sergeant Jert - niiah C. Lynch, Co. H, 5th U. S. Infantry, are approved. He will b. reduced to the ranks, and the sentence will be duly executed.

In the case of Corporal Wilbur F. Fisher, Co. F. 7th U. S. Cavalry, th- proceedings and findings are approved. In consideration t>f his having, been reduced to the ranks by his regimental connnander, for the sam^ offence for which he is now tried, and on the recommendation of th-' Court to clemency, the sentence is hereby remitted. The i)risoner will !)<■ released from confinement and returned to duty.

By (Miimnaud of Brevet Major General A. J. SMITH :

W. M. BEEBE.Tr.. C'lpt. and Art. .I.s-.s/. .liljt. Ii,„'l.

GFFICIAL

J^^?72^ Adinij Assisfdid Adjutant Genei-al.

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(i. C. M.

1. Clmilfs H. Hicks. IVivntc Co. F. l(»th V. S. Ciivahy. •2. Alheit Piittfisou. Priviite Co. F. Kith V. S. Ciivalrv.

:t. Jiinips Brown. Private Co. F. KItli V. S. Cavalry.

«♦»

HE.\Dgi AKTEllS DEPAiri'MFNT OF THE MISSOIKI. Foi;r TjV.AVi.Nwoirrn, KANS.\S. Xovcml). r 7. lN(i7.

(iKNKKAl. ()i(i>Ei;s. I

No. 18. \

I. . IJt'forf a (icutval Court Maitial which comiiuil at Fort Ha\>. KiUisas. Octohcr 17. IH()7. piusnaiit to Sjiccial Orders No. 2*'). October 1 I 18(17, from these Heu(l(jnarters. and of which Captain SAMUEI, OVKXSHIM

•"ith U. S. Infantry, is President, were arr.iif^ned and tried:

1st. Charles H. Hicks, Private Co. F, l(»th V. S. Cavalry, on th( fol- liiwinji; char<{e and s])»'citicati()n:

('HAIUJE \Vroiii(t'iil^!/ st^Hhui nr <l'ispiisi,i<i nf (JorcnniieiiJ jirojiirti/.

Siie, iJinillDii In this, that he. the said Private Charles H. Hick.s. Co. F. lOih U. S. Cavalry, did unlawfully sell or otherwise disjiose of one tluinsand Spencer cailiine cartriil^'i^s. cal. ■>(). the jjroperty of the United States.

This at Kin.L,'s Cam]). Kansas, on or aliont tiie 14th day ot .Inly. l.s()7.

To the specification, exci'pt the words ■

To the charf^e thousand.

liiiiliii.

• )f the specification except the words '"one thousund.

' >f the char<,'e, i;<'iitii.

SENTEXCK.

Til 1),. contuied under ^'uard for one (1) month at hardlalior. and forfeit ten dollars (:sl(t) of his monthly jiay to the I'liited States for the same

period.

•ill —Albert Patterson. Private Co. F. 10th V. S. Cavalry, on the fol- Inwing (•harc;es and specifications:

CHAU(;K 1st Stijlfri 111 (liilij.

^tm-Jfic(itii>,i In this, that he, the said Private Albert Patterson, Co. F. I'Hh U. S. (^avalry. on or about the 2Htli day of June. IHfiT, bein^' duly •letailed for Kuardiu"^ public property, was found sleejiintj on his ]>ost.

This at or near Fort Kilev. Kansas.

^

12] C'HAKGE 2(1 -toiidnct la Uw prtjudtcf of ijoixl order and mUildvy di>^<'ipliii>:

Si)eciJivut}o)i -III this, that he, the said Private Albert Patterson, Co. F. 10th U. S. Cavalry, diJ, on or aliont the 4th day of Jvrly, 1867, while re- tiiniing from scontinjj;. draw iiis salne and strike Private Andrew .Tenkins. Co. F, lOth U. «. Cavalry.

This at or near Fort Harker, Kansas. ,

CHAIUJE 'M Attemi>l io I. ill.

Spfcijifatioii in this, that he, the f;aid Private Alhert Patterson, Co. F. loth Li'. S. Cavalry, did. on or about the C'di da;, of July, 18(17, shoot oli' his carbine with the intention ot shooting Private James Price, Co. F, Kith U. S. Cavalry.

This at or near Fort Harker, Kansas.

PLE.\.

To the specitication 1st charge, Xol (iiulhi. To the 1st charge Nol fivVitii. To the specification "id charge, ^sof (i\i'iltij. To the 2d charge, -Vo( (hullij. To the specitication lid -harge, }\ot Guilli). To xh" :i(l charge .Vf>/ thtiH)i.

■ FINlUNd.

Of the specitication 1st charge, Xoi litiilhi. Of the 1st charge, Not GuiUjj. Of the specitication 2d charge, Sot GuiHii.

, Of the 2d charge .''. Xot (TUIII'JI.

Of the specification Ikl charge'^ Sol (rnWij. Of the 3d charge, Sol Gmliij.

And the Court does therefore actptit him.

:5d. -James Brown, Private Co. F, lOtli U. S. Cavalry, on the foUowiui; charge and specification.

CHAKOE—Wro)i(ifuHy sdlimj or dlsposhiij of Gorerinncut proptrty.

Specification—In this, that he. the said Private Jamefi Brown, Co. F, lOtli U. S. Cavalry, did unlawfully sell or otherwise dispose of (me (1) Colt's .\rmy Revolver, cal. 44, the property of the United States.

This at or near Fort Harker, Kansas, on or about the loth dav of Jn\\, isr>7.

PLE.\.

To the specification, GviUij^ To the charge GniHij.

EINDINCl.

Of the specification GuiUij. Of the charge GvWij.

SENTENCE.

To make good the value of the pistol sold, to the United States, anil U<

be confined at hard labor under guard for the period of one month.

II. . . .The proceedings and findings in the cases of Privates Charles H.

Hicks and James Brown, Co. F, 10th l^. S. Cavalry, are approved, and

the sentences will be duly executed.

,1,

1^1 In the rtwt of I'rivate Albeit Patterson. Co. F. Idtb V. S. ("iivaliy. the,

j)r(>ct-e(liiigs und tindiiigs of the Court are ai)prove(l. He Mill 1>e released froiii contineiiU'ut and returned to duty.

III. . The General Court ^lartial of which Captain Samuel (htusliin. •Itli V. S. Infantry, is President, is dissolved.

By eojuniaud of Brevet Major (General A. •!. SMII ii

CHAUNCEi M( IvEKNKU, AssixftDii Adjiifiinl (ieiifrt!i.

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G. C. M.

1. George W. Bainl, "id Lieutenant S7th U. S. Infiuitry. 2. (ricleon C. Heidelbnig, Private Co. (i. MTtli U. S. Intantiy.

HEADQUAIITERS DEPARTMENT OF THE MISWOI'KI.

FORT LEAVENWORTH. KANSAS. November 8. 1S(J7.

(iKNEUAL ORDERS, j

No. li). j

1 . . . Before a General Court ]Martial which convened at Fort Lyon, C. T.. September 12, IHfiT, piirsuant to Special Orders No. t\M\. 1st series of IHC.T. from these Head(piarters, and of which Captain -IAMES THOMPSON. :{7tli U. S. Infantry-, is President, were arraigned and tried:

1st. -George W. Baird, 2d Lieutenant :57th V. S. Infantry, on the following charges and specifications:

CHAR(JE 1st Seijhfl nf (hill/. Spcrijindloii l.W In this, that he, 2d Lieut, (ieorge W. Baird. :{7th V. S.

Infantry, having been by Special Orders No. 45, C. S.. Headtpiartcis. Fort Lyon, C. T., ordered to Pretty encampment, Kansas, a station on the route between Fort Lyon, (^. T., and Fort Dodge, Kansas, to take rharge of the escort for the stage, (one of which consisting of one non- commissioned otificer and ten men, was always there,) and to i)roteot that station and all the proj)erty, did, on or about the 23d day of May, lK»i7, iillow the Indians, ttfteen to twenty-tive in number, to come in and drive i>rt'the stock belonging to the stage company, and one mule, the proi)erty i>f the United States, without using the force at his disjxisal to advantage to prevent it.

This at Pretty encampment, Kansas, on or about the 2:^d dav of Mav. 1H67.

Sperificdtidii 'Id In this, that he. 2d Lieut. George \V. Baird, MXh V. S. Infantry, having been by Special Orders No. 45, C. S., Headquarters Fort Lyon, C. T., May 11, 18()7. ordered to Pretty encampment. Kansas. A station on the route between Fort Lyon. C. T., and Fort Dodge. Kansas. to take charge of the escorts for stages carrying the United States Mails, (line of which consisting of one non-commissioned officer ami ten men.) to protect that station and all property, did. on or about the 23d day of May, 18(57, allow the Indians, from tifteen to twenty-five in number, to attack a wagon about two miles from his post ami in sight of it; to kill one man and severely wound another, without making any suitable atteni])t to rescue them.

This at Pretty eucanipmeut. Kansas, on or about the 2:{<1 dav of Mav. ]N(i7.

CHA1«;K -2(1 M;sro„<liirl in lh>- j.rcsnH;- •,/ll,r r.nnil/.

Sl>fr{fica(i<)ii l.s/ -In this, tbut hf, 'id Lieut, (ieor^'e W. Biiird, :57tli T'. S. IiiliUitiy, havin<5 l)een by Special Orders No. 4."), C. S.. Head(inarteis Fort Lyon, C. T., ordered t) Pretty eneauiiuiieut. Kansas, to take eliar-^e of that Post, having with hiui a non-coniniissioned officer and ten enhsted men, did aUow the Indians, from tilteen to twenty-five in number, to ap- proiich his post within two hundred yards and drive off the stock, and did keep his men inside of a breast-work, and did not make such disposition of his men as to protect the jnoperty of which he had eh irj^e, nor did lie f;() out himself v, ith hi;; men to meet and t'l^hi the enemy: and when beiii;4 asked by J. T. Sweringen a number of (ieneral Marcy's party, why he did not do K"? did suy. I was busy fixing my tent, and did not pay much attention, or words to that effect.

This at Piettv encampment. Kansas, on or about the 2:^1 day of Muv.

Spcc'tficdiUiii -1(1- \n this, that he, 'id Lieut, (ieorge W. J5aird. :i7lh I'. S. Infantry, beiuy at Pretty eneaiui)nient, Kansas, m command, by Special Orders No. 45, C. S., Head(piarters Fort Lyon, C T., with one non-coni- missioned otHcer and ten enlisted men. did allow the Indians, fifteen to twenty-five in number, to attack a wagon within sight of his post, and to kill one man and wound another, without going out or mukiiig any suitable exertion to rescue them.

This at Prettv eneanipnient. K.insiu;. on or aboiit the 2:^1 dav of May. l.SC.T.

CH.VliliE ;3d lJlsnl„;r„;,r<- i,f i,nlcrs.

Siierijicdt:,,!!~ln this, that he, 'id Lieut. Oeorge W. liaird. :57th I'. S. Inlantry, having taken chaige of Pretty eneanipnient station, in compli- an e with Special Orders No. 45, ('. S.. Head(]narters Fort Lyon, C. T.. did disobey said (hders, by allowing the stock to be out grazing without guard.

This at Prettv eiKampment. Kansas, on or about the 'I'M dav of May. l.S(i7.

PI.EA.

To the 1st specification 1st charge,. . . -V'*r (,iiiilii. To the 2d specification 1st charge,... Not (hi'tUij. To the 1st charge, Not GoiUij. To the 1st specification '2d charge, [The Court excused his pleading to

that portion of the specificatitui coniniencing with the words: "and being asked by .7. T. Sweiingen, Ac."]

To the rest of tlie specification, Noi (rnilfji- To the 2d specification 2d charge -Vo/ Gujlhj- To the 2d charge, Not Guilty. To the siiecification :5d charge .... A'o^ Giiilhj- To the 3d charge . Xol Giiilli/.

VINDING.

Of the 1st specification 1st charge Not Guilh/. Of the 2d specification 1st charge, Not GuiUij- Of tht! Ist charge, Not Guilty. Of the 1st specification 2d charge Xot GuUiij- ()f the 2d specification 2d charge Not GuiUu- Of the 2d charge Ao< Gmlljl- Of the specification M charge -Vo/ (ruiJiil- Of rhe :M charge. ' V"' G»ill,i.

.\nd the Court does therefore honorably aoiiuit him.

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■><}. (iuXvimC. Ilfidelhui-^-. I'liviitt Co. (1, MTtli V. S. IiiliHitiv. on tin- Inllowi'i^' chai-.'jcs iiiid specificatioiis:

('HAltdK 1st Ihsi rliii,!. Si,(',-itJc<itii,H- In this, tlisit Piiviitc (iidton ('. Hti.lell.ni^', of ("o. (1.

:>7th V. S. Infantry, ii dnK enlisted soldier in the ser\ie<- of the I'nited States, did desert tlie said service at or near Fort Anbrev. Kansas, on or ahont the -iHtli day of .Inly. 18(!7, and did r .nain absent untd ai)i)rc- hended at or near F(nt Lyon, C. T.. on or aliont the 1st day of An,i.;nst lS(i7. (s;)()) thirty dollars paid for his apprehension.

All this at or near Fort Anbrey, Kansas, and Fort I^yoii. ('. '!'.. on or about the times and dates above specified.

('HAiUiK '2(\ -Conihirt Id IIK- pirjiiilici- of I/DIMI nrihr ii,i<l inililnrii ilisi^'ijiVu''.

SpcripciiU,,, In this, that Frivati' (lidi-on C. Hcidelbur-. of Co. (i. liTth F. S. Infantry, did Ij.ke. steal and apj)idpriate to his own nse. witli intent to defraud the Fiiited States ther.ol. (1) one mule, the property of the United States, and did therewith desert the service of the United States.

This at or near Fort .Vnbnv. Kansas, on or about the -iNth dav of .Inlv. ISCT.

I'l.K.V.

To the spccitication 1st ehar^c (inUiij. T<. the 1st chai-Ke '•"'■//.'/• To the siKH-itication "id cliarLie A"' '/"''///. To the 2d char-e. \.,l (;,r,llfi.

riM>iN<,.

(_)f the spccitication 1st (•liar','e.. <i,r,liij. Of the 1st charj.,'e. (i.iiUij. Of the specification 2d char^ic. . . . . A"' (/"'".'/• Of the 2(1 chal•^'e .V"' ^'"%-

SKNTENC i;.

To l)c eonhned under chaise of the ^,'uard at liaid laboi six iiiontlis.

!nid that he forfeit ten dollars of his monthly pay for the sana |>iriod.

II . . The lu'oceedin^'s and finding's of the Court in tlie case ol 2il Lieut, (levu-ere W. Baird. :J7th U. S. Infantry, are approved. lb will b,-

released from arrest and returned to duty. In the case of Private (Jide(niC. HeidelbuiK. Co. (i. :;7th U. S. Infantry,

thejiroceedinj^'sand finding's are ap])roved. 'I'he sentence iscontirnied and

will be duly carried into eti'ect.

l>y command of iJrcvct Alvroi: (IKNT.K.M. .\. -1. SMIIH :

{"H.\UNCEY M(Ki:i;vEi;. Assislniit .\il,iil<i„l 'in.ri-if

OFKK lAl.: yy^^

G. C. M.

'•

1. Diini'jl SvMiv.iu. 2(1 cliiss Priviito, (letucliiucut <>t'Oidiiaiicc. 2. John ()'I)oiiof;;lnic. 'id cliiss Private, <1ftacliiiu-nt of Ordnaiu ;). Joliii Dnnliivv, 2(1 class Privatt-. (letarhiiifiit of Ordnaiict-. 4. Jiinii s IJ«'(\ I'rivate CO. E. U. S. Engineer liattalion. ;■). Jolui Dean, Private Co. E, U. S. Engineer Battalion. (■). Michael Loftns. Private Co. E, U. S. Engineer Battalion. 7. Janii.s White. Piivate Cn. V.. V. S. Eii-ine.r Battalion.

nh:.\iH^rAi;iEiis DEPAKTMEM OF THE MISSUIEI, 1"OI;T LKAVK.NWOKTH, K.\NS.VS, Noviiiiher 11, 1H('>~.

tjjM-.lt.VL OllDKJiS, I

1 Before a (tciieral Court Martial which (;onvfU.(i at .Jetlerson Bu- iaiks. Mo.. October 17. IHtjT, pursuant to Special Orders No. 27. Octoher 12, 1H()7, and of wliich Brevet lirigadier (reneral P. MOHHISON, Coloji. 1 r. S. Arrnv, is President, were aiTaigned and tried:

•■ 1st. Daniel Sidlivan. 2d class Private, detachment of Ordnance, nu the following charge and specification:

('HAUOK Coiiibii-t It) (lie jji-fjiiiUrp itf ijooil ortlfr and mUitary (Hs<'i]}lhii.

Spfi'iliciilinii In this, that he, Daniel Sullivan, a 2d class Private oi tin (letachnieut of Ordnance, stiitioued at tlie St. Louis Arsenal, Mo., being ordered by the 1st Sergeant of the detachment, in the discharge of his legitimate (luties, to go to the guard-house in charge of the Corporal of the L;uard, did refuse so to do, and did violently assault by striking with his closed tists the said Corjxiral of the guard, and others who were assisting ill maintaniiiig discijiliiie and order.

.\li this at St. T.c.nis Av>.ii;il. Ab. . on or abciiit th. '.Mli da v nt S.t.t. m- 1M 1-, lK(i7.

xiUi/. To the .specification.. . . A'o^ (i To the charge,. . \<./ ^;

IIXDIXO.

Of the specification, 'I'oilt/. except as to the words •• the said Corporal of the guard."

Of the charge.. . 'iinlti/.

sKNTENCE.

To be contined at hard labor for one month in charge of the guard: torfeit his pay for three calendar months, besides all pay which m due him at the promulgation of this sentence,

2d.^John O'Donoghue, a 2d class Privnte (lct:i(liiiieiit (.t (irdiiMin the following charge and specification

To IV hi-

L'HAUGE ■ Conduct to tJu- prejudice of i/ood ord'-r and tnilltitry disripluu'. Speeifiradoti-In this, that he, John O'Dunoghiit', a 'id class Private of

the detachment of Ordnance, stationed at the St. Louis Arsenal, Mo., iipon heinjj;- ordered by th(^ 1st Ser|êant of the detachment, in the discharjê of his legitimate duties, to go to the guard-house in charge of the Corporal ol the guard, did refiise so to do, and did violently assault by striking with his closed fists the said Cori)oral of the guard, and others who were assisting in maintaining discipline and order.

.Vll this at tlu; St. Louis Arsenal, JMo., on or about tlie ',»th day of Se]i- t.ûibe'r, 18()7.

I'',KA.

To the specification, Xal (inUh/. To the charge Xoi GuiUi/.

FINDINCi.

()f the specification, (inJUii, except as to the. words --by striking with his elosed fists."

()f the charge, * uliif.

SENTENCK.

I'o be confined at liard laljor for one month in charge of a guaiil, an<l to forfeit his pay for three calendar months, besides all \>:\\ whieli may be

due him at the promulgation of this sentence.

'.n\. John Dunlavy, a 2d class Private, deta<'hmiiit of Ordnuu-.'. (Hi the tnllowing <-haige and specification; •

('HAUdE -Condiic-I to tlie pi-i'ji{ilicc of ijood ordi-r and iit'ditonj disi'iptim-. Sjieriâttioti In this, that he, John Dunlavy, a 'id class Private of tlit^

<letachment of Ordnance, statitmed at the St. Louis Arsenal, Mo.. up<iii being t)rdered by the 1st Sergeant of the detachment in the discharge >>( his legitimate duties, to go to the guard-house in charge of the (Corporal of the guard, did refuse so to do, and did vioh'utly assault by striking with his closed fists the said Ccu'poral of the guard, and others who wen- assisting in maintaining discipline and order.

.\11 this at the St. Louis Arsenal, Mo., on or about the '.Hh day of Sep- tember, 1SG7.

To the .sj)ecification, To the charge

Xot (hdllti. Xot GuiltII.

< >i the specification, excei)t as to the words -'by striking with his closed fists.

• )f the charge, '

(hiHtij.

I!,lill;j.

SENTENCE.

To be confined at hard labor in the charge of a guard for one month,

and to forfeit his pay for three calendar mouths, besides all pay which

may be due him at the promulgation of this sentence.

-1th. -James Lee. Private Co. E, U. S. Engineer Battalion, on the following charge and speciflcati<in:

CHAKUE Desertion. •<perincatii>,t In this, that he. Private James Lee, Co. E, V. S. Engineer

Biittalion, having been dnlv enlisted into the service of the United States, did destirt the same, on or abnut the 24th of April, 18()7, and remain absent until lie was arrested at or near Louisville, Kentucky, and returned to his company on or about the "i'id of September. 18(17.

This at Engineer Depot .letierson Harracks, Mo.

l'I,E.\.

T.) the .sijecilicatii>n, .V.;^ Guiili/. H d To tlie charge \<,l (iinlhr

FlN'yiNCi.

Of the specitication, 'ruiiii/. Of the cliarge, Uidlly.

SKNTENCE.

To forfeit all jiay and allowaiu'cs that may be due him; t>< \tr contiiird at hard labor for si.\ mouths under charge of a guard, with a ball and chain attached to his leg, not to weigh less than twelve jajunds. and to forfeit ten dollars per ni(»nth of his pay for tl e same period.

;3th. John Dean, Private i'u. E. V. S. Engineer Battalion, on the following chargi' and specification:

('HAIU;K hvscdiiiii.

Siiecifinilioii In (his, that he. I'rivate John Dean, Co. E, U. S. Engi- neer Battalion, having been duly enlisted into the service of the United States, did desert the same, on or about the 'iOth day of September. 18(>7. and remain abs(Mit until lie was arrested at or near Carondelet. Missouri, ami returiK'd to his i'omi)any on or about the 21st of Sei)tembei, 18()7.

This at Engineer Depot. Jt tterson Barracks, Mo. I'll: V.

;lii

To the specification. To the charge, . . . .

Of the sj)ecificatioii Gu'dUi. with the exception of the word ■ desert" and substitute, absent himself from.

(>f the charge, \nt GfUl,/. but guilty of absence without leave.

SENTKNCK.

To be cf)ntined at hard labor in charge of a guard tor tliree calendar months, and to forfeit ten dollars per month of his i)ay for tlic sumc period.

6th. Michael Loftus, Private Co. E, U. S. Engineer J^attalioii. on tin' following charge and specifii'ation:

CH.\itGK Descriioii.

Speclfiratinn-'ln this, that he. Private Michael Loftns, Co. E, U. S. Engineer Battalion, having been duly enlisted into the .service of the United States, did desert and absent himself from the .same, on or about the 20th day of September. 18('>7. and remain al)sent until he was am stid near CarondeUt, Mo., mid itturiied to his company on or about tin 21st iluy of Sei)teniber, 18()7.

This at Engineer Depot. Jefferson Barracks, M<>.

141 PliEA.

To tlie specification. Vo/ Qiultij, I'o the charge, \ol llnUtij.

Ot' the speciticiitiiin, (Ixilti/. with the cxi-cptiou of tlie words "desert iviid."

Of the ch(a-jj;e, .Vo/ (hi'illt/. hut L)iiiUY of !il)sence without lenve.

SKNTKNCK.

To be <'oiifiiied at hard labor in charge of a gnard for tluei' calendar mouths, and to forfeit ten dollars per month of his pay for the same p(aiod.

7th. James White, Private Co. E, V. S. Phiginecr Battali(Mi, on the following charge and s])ecatication:

(".Xl.vKiiK Jh'sfrlioi,.

Spe(',ijiruth»t In this, that he. Private James White, Co. E, U. S. En- gineer Battalion, having been duly enlisted into the service of the United States, did desert and absent himself from the same, ou or about the "iUth day of Septend)er. 18()7. and remain absent until In; was arrested at or near ('arondelet. Mo., ami r<4urned to his comi)anv ou or about the •21st of September. 1807.

Tliis at Engineer Depot, Jefferson Barracks, Mo.

PLKA.

To the speeitication, Sat (inillti. To the charge, .Vo/ (ruilti/.

KINUtNCl.

Of the specification (!niHii, with the exception of the words " desert and."

Of the charge, Vo/ 'rio'//;/, but guilty of absence without leave.

SENTKNC'K.

T'o be contined at hard labor in charge of a guard for three calendar months, and to finfeit ten dollars per month of his pay lor the same

period.

II....In the cases of Daniel Sullivan. John O'Donoghue and John Dunlavy, all second class Privates of the Detachmiut of Ordnance stationed at Saint Louis Arsenal, Mo., the proceedings and findings arc approved. The sentences are confirmed and will be duly carried into

effect. T''he proceedings and findings in the case of Private James Lee, Co. E,

U. S. Engineer Battalion, are appr(^ved. The sentence is confirmed and

will be duly executed. The weight of the ball is fixed at Vi pounds. In the cases of Privates John Dean, Michael Loftus and James White,

all of Co. E, U. S. Engineer Battalion, the proceedings and findings of

the Court are approv(>d. In view of the short time during which they were volunturilv absent from their command, their sentences are each

conmiuted to contineineut at hard labor for one month, and to I'orlViture of ten dollars per nronth of their monthly pay for the period of three months. The sentences as commuted will be dnly carried into effect.

Ill.... The General Court Martial of which Brevet Brigadier General P. Morrison, Colonel U. S. Army, is President, is dissolved.


CHAUNCEY McKEEVER. AssisUtiti Adjut'tnl (Jerierai.

OFFICIAL :

I'apt'dii Ktxl Ai'tfiiij .lufliji' Ailrociiie.

Mi

*■

■1^

lllf^lplll

G. C. M

ik

1. Julius Giese. Private Co. F, Stli l^. S. lui'mitrv. 2. John Ryan, Private Co. F, 5tli U. S. Infantry. ;i Francis Swarts, Private Co. K, 37th U. S. Infantry. ^ 4. James Reiley, Private Co. K, :57th U. S. Infantry. 5. Charles Jones, Private Co. L, 7th U. S. Cavalry. (i. Nelson E. W.vde, Private Co. L, 7th U. S. Cavalry. 7. George Gardner, Private Co. L, 7th U. S. Cavalry. 8. Samuel Ray, Private Co. L. 7th U. S. ('avalry. it. Josei)h Young. Private Co. L, 7th U. S. Cavalrx.

—♦♦♦- —

HEAD(iTIARTERS DEPARTMENT OF THE MISSOIRI. FORT LKAVKNWORTH, IC.VNSAS, Novt^niber l',», 1S(;7.

(TKNKUAT, OltDKItS. ]

No. 21. \

I. . . . Before a tJencral Cuiirt Martial wliiih couvcnudat Fort Reynolds. C. T., September 25, 1807. pursuant to Special Orders No. 200, 1st series of 18fi7, from these Headquarters, and of which Brevet Brigadier General WILLIAM H. PENUOSE. (^aptain 'M lufaiitiy. is President, were arraigned and tried:

1st. Julius Giese, Private Co. F. -Ith C S. Infantry, on the following charge and specitication:

CHAKCJE - J>eserHo)i.

Sperljicatidi) That Private Julius Giese, Co. F, ."Jth U. S. Infantry, having duly enlisted into the service of the United States, did desert the same on or about the 1st day of May, 1807, at or near Fort Garland, C. T.. and did remain absent until on or about the 20th day of May, 1807, when he MUTendered at Fort Marcy, N. M.

PLEA.

To the specitieation (iii'iUij. To the charge, tluilti/.

ElNUlN(i.

Of the specification . H'liHii. Of the charge,. (hiiltii.

SENTENCE.

To forfeit all pay and allowances which are or may become due hiuL except the just dues of the laundress and sutler ; to be confined at hard

labor for six months at the post where his company may be serving, wearing a twenty-four pound ball attached to his right leg by a chain four feet long, and at the expiration of that period to be drummed out of the Service.

2

"2(1. JDIIU Kvrtii, Private ('o. F, r)th U. S. InliUitiy. on the lt)ll(>\viii^ (•li:u>!e and specification:

CHAT.GE hesvrlhiii.

Sjipcificalion —That Private John Ryan, Co. F, oth U. S. Infantry, having l»een duly enhsted into the service of the United States, did desert said service while on the march from Fort (larbind to Puebh), C. T.. on or about the (»th day of.Time, 18(57, and did remain absent therefrom until on or aboirt the 12th dav of June. 1S()7. when he was apprehended at or near Fort Lyon. C. T.

ri.EA.

To the specification. Xot Guillt/. To the charf;e .Vo/ (ruiUt/.

Of the specification, Guilty. Of the charf^e Guilt:/.

SENTENCE.

To forfeit to the United States all pay and allowances now due or which may become due, except the just dues of the laundress and sutler, up to the expiration of this sentence ; to be cimfined at hard labor in charge of the guard at the post where his oompany may be serving, for six momhs. wearing a twenty-four pound ball attached to his right leg by a chain four feet long, and at the expiration of this jjeriod to be dishonorably dis-

charged and drumaied out of the service.

3d. Francis Swarts, Private Co. K, 37th U. S. Infantry, on the following charges and specifications:

CHARGE 1st I>eserti(»i.

SjieciticaliiDi- In this, that he, Francis Swarts. Private Co. K, 37th In- fantry, being duly enlisted into the service of the ITuited States as a soldier, did on or about thi^ 7th day of August, 1867, desert the same, and remain absent therefrom until apprehended by a party of company A, lOth V. S. Cavalry, near Cow Creek, Kansas.

CHAKUE 2d—Condtfc/ /o the prejv.<licp <>f ijooil unler (intl niUii<try iUscipVun.

Specifiration—In this, that he, Francis Swarts, Private Co. K, 37th In- fantry, did, at Fort Lanied, Kansas, on or about the 7th day of August. 18(17, take, steal and wrongfully dispose of the following named articles, the same being the property of the United States, viz : one Sharps rifle, one cartridge-box, one waist-belt and plate, one knapsack, one haversack, one canteen and two hundred rounds of ammunition, one bayonet-scabbard, one cap-pouch and one gvm-sliug.

CHARGE 3*/ - Violation of tht SHtli Aiiirle of War. Siteoijrc((tio)i l.sf—In this, that he, Francis Swarts, Private Co. K, 37th In-

lantry, did, on or about the 7tli day of August, 18()7. sell the following articles, the property of the United States : one Sharp's rifle, one cartridge- box, one waist-1 elt an<l plate, one knapsack, one haversack and one canteen, two hundred rounds of ammunition. oneV>ayonet-scabl>ard. one cap- pouch and one gun-shng.

This at or near Fort Lamed, Kansas. Specification 2(1 In iliis, that he. Francis Swarts, Private Co. K. 37th

, :{

Infantry, dul, on or ivboiit the Ttli day of Auf^nist. 18(>7. lost- tliron^li n. L;- lect the following' articles, the property of the rnitcd States, viz: on. Shaip's rifle, one cartridge-box, one waist-helt and plate, one ]vnaj)sack. one haversack, one canteen and two hundred rounds of ainininiitioii. oiir liayonet-scabbard, one ^ap-pouch and one fi;un-sling.

This at or near Fort Larned. Kansas.

PI.KA.

To the sj)ecitication 1st charge tiidih/. To the 1st charge (ftdlh/. To the specification 2d charge.. ,Vo/ (ridlii/: To the 2(1 charge, Xol GaUfy. To the 1st specificationvSd cliage Xi,t (huUif. To the 2d specification Md charge, A'o/ Giiilii/. To the :{(! charge ,Vo/ (iuUfi/.

FINDINfi.

Of the sj)ecitication 1st charge,. . (iidlli/. Of the 1st charge, (^idll'i/. ()f the specilication 2d charge, (THIIII/.

except the words, ••one cartridge-box. oil' wiist-bclt and jilate, one knapsack and 200 r )und-i annnunition."

< >f the 2d charge, (iidlln. Of the 1st s])ecification :!d charge, \(,l didiUii. Of tlie 2(1 specification ;td charge .... Xi>i Giiillq. Of the :{(! charge V-./ (jniliji.

SENTKNCE.

To forfeit all pay and allowances now due or to become due, except the just dues of the laundress and sutler : to l)e di.shonorably discharged from the service of the United States, and to be contined for two years m such Penitentiary as the Major General Conucanding the De]iaifnient may ib-

lect.

4th. James Keiley, Private Co. K. :!7th U. S. Iiifantiy. .m tin loliowiug charges and sp(>cifications:

("HAitoK 1st J>eserHori. Sperlfirdtioii In this, that he. James Reiley, Private ('o. K. KTtli In-

fantry, being duly enlisted in the service of the United Stjvtes as a soldier, (lid, on or about the 7th day of August, 18r)7, desert the same, and remain ah.sent therefrom until apprelu^nded by a party of company A. 10th U. S. Cavalry, near Cow Creek, Kansas.

This at Fort Larned, Kansas.

CHARGE 2d-- <V»t,<litcJ to thi- pir/wUcf' of' (jood onler unil midinrif disr'qilUi''. Specificxiiioii —In this, that he, James Keiley, Private Co. K, 37th In-

fiuitry, did, at Fort Larned. Kansas, on or about the 7th day of August, 18(i7, take, steal and wrongfully dispose of the following named articles, the same being the property of the United States, viz : two Sharjj's rifles, line cartridge-box, one waist-belt and plate, one knapsack, one haversack, ime canteen and two hundred rounds of ammunition, one')ayonet-scabbard, • me cap-j)ouch and one gun-sling.

CHAROE '.id \lol((tin,i of llii' 23(/ Aiiir.le <>f War.

Xpci'lfic(Iion -Iw this, that he. James Keiley, Private Co. K. 'M\\\ Tn-

r mil

4

thiitry, did entice certain duly enlisted men oi the same company, to-wit: •lobn McCoy, Francis McCoy, Francis Swarts and Patrick Byrnes, to desert the service of the United States, he knowing them to have heen duly enlisted in the said service.

CHARGE 4th—Viohtioti (if tlie ',]Hili Aytirlc (if Wur.

Siit'djji'ution Isf - In this, that he, James Reilcy, Private Co. K. H7th In- * ^^ iantry, did, on or ubont the 7th day of Auj^nst, 18G7, sell the following; " f named articles, the property of the United States, viz : two Sharp's ritles, one cartridge-box, one waist-belt and plate, one knapsack, one haversack, one canteen and two liundred rounds of ammunition, one bayo)iet-scabbard, one cap-pouch and one giui-sliuK.

specification '2(1—In this, that he, James lleiley, Private Co. K, :i7th intantry, did, on or about the 7th day of A\;gust, 18()7, lose the followin;^ named articles, the property of the ITnited States, viz : two Sharp's viHes. one cartridge-box, one waist-belt and plate, ime knapsack, one haversack, one canteen and two hundred rounds of ammunition, (me bayonet-scabbard, one cap-\)ouch and one gun-sling.

PLEA.

'To the specification 1st charge, (jniHij. To the 1st charge, (iuilixi. To the specification 2d charge, Soi GuiHii. To the '2d charge, Xot GttiU(j. To the specificati(in 3d charge, .V«/ (inillii. To the 3d charge, Xot Guilt'i/. To the 1st specification ■4th charge, Not Guilty. To the 2d specification 4th charge, Xot Guillii. To the 4th charge, Not GviU'ji.

FINDIXO.

()f the specification 1st charge, . Gaillii. Of the 1st charge Guilty. Of the specification 2d charge, Guilty.

except the words, "two Sharp's rifles," substituting the word "one," and excepting the words, " two hundred rounds of ammunition."

()f the 2d charge, Guilty. Of the specification 3d charge, Not Guilti/. Of the 3d charge, Not Guilty. Of the 1st specification 4th charge, Not Guilty. Of the 2d specification 4th c^liarge, Not Guilty. Oi the 4th charge, Not G>r,u'ii.

SKNTKNCE.

To forfeit all pay and allowances now due en- to become due, except the klk

just dues of the laundress and sutler : to be dishonorably discharged h-om

the service of the United States, and to be confined fen- two years in such Penitentiary as the ^lajor General Commanding the Department may direct.

5th.--Charles Jcmes, Private Co. L, 7th IT. S. Cavalry, ini the following charges and specifications:

CHAKGE 1st—I)ef:erti<ni. Specifi(-ati(rn In this, that he. Private Charles Jones, Co. L, 7th l. S.

(^avalry, a duly enlisted soldier in the service of the United States, did desert and absent himself from the same at Fort Revnolds. C. T., on or

iibout tlu ritli (lay of July, lH(i7, and did remain absent as a (KsiMtei until apprehended at the Califoniia Rinche. C. T.. on m- about thf 11:li day of July, lHf>7.

Thirty dollars paid lor ai)preliensioii.

CHAUCIE 'id Lcurlni/ hi.s pnst hi rii,!(ttii,ii iifflic -Iti/A Artich' of Wur. Spfcifir(i(ii»i III this, that he. Private (Charles Jones, Co. L, 7th V. S.

Cavalry, havingboenre^'ularly detailed and posted as a sentinel and herder over tlie horses of Co. L, 7th'U. S. Cavalry, at Fo.t Heynolds, C. T., on or about the 12tli day ol'July, 1H()7. did leave his post without bein^' i' '.-'.u- larly relieved, and remain absent until arrested at or ii(>ar the Caliiorni:i Kaiiche. C. T.. on or al)out the l^th day of July. lH(i7.

CH.\]{(iE :{d <'.)ifliii-l III till' iiri'Jniliee uf ijimd onhT iiml niHitur!/ ihsri/jli

SjK'cificiitiiui In this, that he. Private Cliarles Jones, Co. L, 7tli V. S. Cavalry, did take, steal and earry away tlie lollowin;.i; named property of the United States, lor which 1st Liert.'Lee P. Gillette, 7tli V. S. Cava'hy. was responsible, viz : two cavalry horses, one saddle and horse e(pii])uieuts. of the value of four hundred and twenty dollars more or less.

This at or near Fort l{ivnolds, C. T!. on or about the l-Jth dav o*'Jnh, 18(i7.

IM.EA.

I'o till' speeitieation 1st ehar^,'e \i»/ linilh/. To the 1st eharge \../ HirilU/. To the speeitieation 2(1 (diar^e \'>/ Guiili/. To the 2d (diar-,'e, \(»/ Giiilii/. To the speeitieation 'M charj^'e \'(>l (htilli/. To tlie :{(! cliaru'c .. \'ni ^',■;;/',/.

Of the specification 1st char^^c. . im./ii/. Of the 1st tdiarfj;e, . . Giilll]/. {)f the sjiecitieation 2d charge iriiilh/. ()f the 2d ehiirge. (iiiUh/. Of the specification :id charge Iriiiltij. Of tlie :^d char-v. . i hi ill]/.

SENTENCE.

To forfeit all pay and allowances now due or wlindi may liecome due. except the just dues of the laundress and sutler, up to the promulgation of this sentenee ; to be dishonorably dis<harged the service of the United States; and to be confined in the Penitentiary at such i>lace as the (-reneral

ComniandinK may direct, for five years.

(ith. Nelson E. Wade, Private Co. L. 7th V. S. Cavalry, on the following charges and specifications:

CHARGE Ist Slecpinq on post in rinhdion of Ihi'AiMh Arlirli- of \\'fii\

Specif,'nUoii -In this, that he, Private Nelscui E. Wade, of Co. L, 7tli ('. S. Cavalry, having been properly posted as a sentinel, was found by his commanding officer. 1st Lieut. L. P. Gillette, 7th U. S. Cavalry, lying down on the ground by his post in a sound sleep.

This at or neai- Bijou Basin, C. T., on or about the 2;ld day of June, ]H(i7.

CHARGE 2d Disohfdienre of ordfrs.

Spu'lfniHon In this, that he. Private Nelson E. Wade, of Co. L. 7th

. .I,-

y'

6

11. S. t'avalvy, huviuj^ been piopoily posted as a sentinel, and ordered \>y his eonunanding officer, 1st Lient. L. P. Gillette, 7tli U. S. Cavalry, who was m the exerutitnr of his otfiee, to regularly walk his beat and keep a vigilant wateh over all government property within his sight, did fail to obey said orders.

This at (U- near Bijon Basin, ('. T., on or about the 2:5(1 day of June, ISCiT, PI.EA.

To the speeitication 1st eharge. ...... triulti/. T'o the 1st charge, ......... linilfi/. To the specification 2d charge, ..... Xnt (jn'dtij. To the 2d charge, Xol (rtiiUfj.

FINIHNG. Of the speciticati(ni 1st charge, ...... (inUty. Of the 1st charge, (liu}l\i. Of the specification 2d charge, ...... Hn'iliy. Of the 2d charge, (hriU'ij.

SENTENt'K.

To forfeit to the United States all pay and allowani'cs now due or to become due. except the just dues of the laundress and suthr, tor the period of one year ; to be confined under charge of the guard for the same time, wearing a twelve pound ball attached to his left leg by a chain four feet long ; the tirst fourteen days of each alternate month to be in solitary c<ui- finement on V)read and water, the remainder of the time at hard laV)or.

7th.—George (Gardner, Private Co. IJ, 7th IT. S. Cavalry, on the following charges and speciticatitms:

CHAKOE 1st—DeserUo)). Spceijiratlou- In this, that he, George Gardner, a Private in Co. L, 7th

U. S. Cavalry, a duly enlisted soldier in the service of the ITnited States, did absent himself from and desert the said service, at ov near Kiowa. C. T., on or about the 22d day of June, 1867, and remain absent thei'efrom until he voluntarily surrendered himself at the post of Fort Reynolds, C. T., on or about the 2Bth day of July, 1867.

CHARGE 2d—(hrxluei to the prejudice ofgixxl nnlci- ((IKI mUitdryitiscipl'me.

SpecificaUon- In this, that he, George Gardner, a Private of Co. L, 7th U. S. Cavalry, did take, steal and carry away, one (^avalry horse and horse • tpripments, and canq) and garrison equipage, the property of the United States, for which 1st Lieut. L. P. Gillette. 7th Cavalry, was responsible, "f the value of two hundred and tifty dollars more or less.

This at or near Kiowa, C. T., on ov about the 22d day of June. 18()7. PI>EA.

T'o the specification 1st charge, . . . " . . \ol liuUty. To the 1st charge, \'o( Guilty. To the specification 2d charge. ...... ijuilty. To the 2d charge, . Guilty.

FINDINC;.

< )f the specificaticni 1st eharge, ...... Xol Guilty. ()f the 1st charge, Not Guilty. < >f the specification 2d charge, Not GniUy,

believing the prisoner pleaded guilty through igiKU'ance of his rights. Of the 2d charge, ...''. Xol Guilty.


u

"

8th. SaiiHul KHV, Piivjite C'O. L, 7tli ('. S. Ciivalry, on the foHowiui,' charges und sjjecitications:

CHAK(iE 1st—JJesfiiiou. Sperific<ifii)ii In this, that said Saamel Ray, a dnlv enlisted sohlier of

the Un'ited States, and Private of Co. L, 7th Cavalry, V. S. A., did absent himself without leave, and desert from his company, on or abont the 14th day of January, 1H67, and did remain absent until turned over a prisoner to the commander of Fort Wallace, Kansas, on or about the 1st day of April, 1K()7.

CHAKCJE '2d-('(i)iilitct pirjiidicidl In IJIKMI order (iruJ iiiUlUirg (liscipHm. Sf}erijic(iti()ri III this, that the .said Samuel Ray, Private Co. L, 7th

Cavalry, IT. S. A., did, on or about the 14th day of January, 1867, carry away seveial articles, the jiropeity ol the United States, valued at nine hundred and twenty-one dollars, and ninety-one cents.

CH.VBOE 3d^ I'iulaiioi, <;f the TMh Ardrh'nf War. Spicijinil'iiiii In this, that said Samuel Ray, Private Co. L, 7th ('avalry.

r. S. A., did. on or al)out the 14th day of Jaimary, 1807, while a duly mounted member and a corporal of the post guard, without leave of his ■superior ofldcer, ([uit his guard.

This at Fort Morgan. C. T. Thirty <lnll;o-. (>;t(l) was paid for the apprehension of .said Samuel Ray.

I'l.KA.

To the specification 1st chi To the 1st charge. To the specitication "Jd cliari To the 2d charge. .

Otiiiti/.

Of the si)eciticatiou 1st cliarj Of the 1st charge. Of the sjX'citication "Jd charge Of the 2d char-re, .

Gtulli/. (hiUt'y.

a II nil/. SKNTENCK.

To forfeit to the I'nited Stsites all pay anil alk)wances now due or to become due, except the just dues of the laundress and sutler; to be dishonorably discharged the service, and to be confined for live years in such Peni- tentiary as the Major General Commanding the Department may direct.

9th. Josej)h Young, Private (^i. L. 7tli V. S. Cavalry, on the following charge and specitication:

CHARGE De.serlion. Specifioitiiiii In this, that the said Joseph Young, a duly enlisted sol-

dier of tl e United States, and Private Co. L, 7th U. S. Cavalry, did ab.sent himself without leave, and desert from his company, im or about the 14th day of January. 18K7. and did remain absent until turned over a prisoner to the commander of Fort Wallace. Kansas, on or about the 1st day of April. 1867.

This at Fort Morgan. Cohirado Teiritory. Thirty dollars (s:M) was piiid for the a])prehension of said Josei)h Young.

Hi ii

To the specitication. To the charge.

Xol GiiUiii. \nl dllUill.

\h.

H

FINDlN(i.

Ot thf specitir!itii)ii, ......... (jHUiij. Of the ehavf^e. ......... Guilty.

SENTENCE.

T(i be eontiiierl ut bard labtir for the balance of his terui of service, with a V)all weighing (12) twelve pounds attached to his left leg by a chain four feet long; to forfeit all pay and allowances now due or to become diie, and at the expiration of his term of confinement to be drummed oiit of service.

II. ... In the case of Private Julius (iiese, i>f Co. F, 5th l'. S. Infantry, the proceedings and findings are approved. The sentence is commuted to confinement at hard labor, with a ball weighing 24 pounds attached to his right leg by a chain four feet long, at such place as his company may be serving, for the period of six months, and to the forfeiture of all pay and allowances now due him, and which may be due him at the expiration of his conlinemeut, after which to be returned to duty.

In the case of Private John Ryan, of Co. F, 5th U. S. Infantry, tin proceedings and findings are approved. The sentence is confirmed, except so much as authorizes the retention of the just dues of the sutlei, and will be duly carried into effect.

In the cases of Privates Francis Swarts and James Keiley, C'o. K, 37th I'. S. Infantry, and Charles Jones, Co. L, 7th U. S. Cavalry, the proceedings and findings are approved. The sentences, except so much as authorizes the retention of the just dues of the siitler, are contirmed and will be duly carried into eftect. The Penitentiary at Jefferson City, Mo., is designated as the place for the execution of so much of their sentences as imposes confinement.

The Conmianding Officer, District of the X'pper Arkansas, will cause the prisoners to be sent to Fort Leavenworth, Kansas, in charge of a suitable guard, w'hence they will be forwarde<l to their place of coutinement.

The proceedirigs and findings in the case of Private Joseph Young, Co. L. 7th U. S. Cavalry, are approved. The sentence will l)e duly executed at such post as his company may be serving.

In the case of Private Samuel Ray, of Co. L, 7th U. S. Cavalry, the proceedings and findings of the Court are approved. That part of the sentence which imposes confinement is commuted to three j'ears in place of five. So much as aiathonzes retention of the just dues of the sutler, being illegal, is disapproved. The remainder of the sentence as commuted will be executed. The Penitentiary at Jefferson City, Mo.. is designated as the place of confinement.

The Commanding Officer of the District of the Upper Arkansas, will cause the prisoner to be sent in charge of a sufficient guard to Fort Leavenworth, Kansas, whence he will be forwarded to the place of confinement.

•I

1)

Tlic pidctediu^s !Ui(l timlinjj;s in civst- of Private Nelson E. Wiule, of

Co. L, 7th U. S. CiivuliT, are approvod. The sentence, except so much as authorizes the retention of the just dues of the sutler, is approved, and will be duly carried into effect. The Post at which his company may he servinjj; is designated as the place of confinement.

The proceedinj,'s and tindinj^'s in the case of Private George Gardner, Co. L. 7th U. S. Cavaliy, are approved. He will be released from confinement and returned to duty.

III. . .. The General Court Martial of which Brevet Brigadier General William H. Penrose, Captain 3d Infantry, is President, is dissolved.


CHAUNCEY McKEEVEK, AssisUtiit Adjutant GenercU.

OFFK IAL:

^.^ Assisfant Adjatitut OemrnL

•^

'

a. c. :M

Joslina Downing'. Private Co. E. Kttli V. S. Cuviihy. John Williams. Private Co. E, 10th U. S. Cavaln-. Francis Heiriiian, Private Co. C, fSth U. S. Infantly. James Wright, Private Co. H, :Wth U. S. Iniimtry. Thomas Nicholas, Private CVi. B, .{Hth U. S. Infantry. Dennis Murphy. Private Battery B. 4th IT. S. Artillery. Michael Keatini,'. Private Battery B, 4th V. S. .\rtille, ■

HEADQUARTERS DEPARTMENT OF THE MISSOl^RI. F'oKT LE.WKNWOKTH. KA\S\S. \,i\.Mu..r •2*;. ]><(;7.

(tENEKAl. OKDKHS. J

No. 24. )

I. . . Before a (xeneral Court ^lartial which convcntil at Fort (xibson.- C. N.. October 21, lMfi7, i>ursuant to Special Onhrs No. 21. October .*). 18(!7, and of which Brevet Major M. BIEVAKT. Captain Cth V S. Infantry. is President, were anaigned and tried:

1st. Joshua Downing, Private Co. E. Ktth V. S. Cavalry, on the (oUow- iiig charge and specification:

(7HAR0E Sleepiiiij <))i p<}st, ill i-iiilntiiiii nf tin- Wtli Artirh i,f MH,.

Sliicificiitinii In this, that he. Private Joshua Downing, (^o. E, lOth V. S. Cavalry, having been regularly detailed and posted as a sentinel, on the 4th day of September. 18(i7. was found sleeping on his post between the hours of 2 and 4 o'clock, on the niorniiig of the oth of Sept(^mber. 18()7.

This at Fort (xibson. C. N.. on or about tlie morning of the r)th day of September. lHf')7.

To the specification. To the charge

Of the specification. OX the chart'e, (rniUy. ChiiUy.

SENTENCE.

To forfeit to the United Strttes ten dollars jxa-month ol his monthly l)ay for one month, and to be confined at hard labor in charge of the guard

lor the same period.

2d.—John Williams, Private Co. E. l(»th U. S. Cavalry. ..u the follow iug charges and specifii^ations:

mi

\ i

% j

CHAKtiiC Ist-JJcscrlion. Sjn'rifiraiioH -In this, tliiit he. Private John Willinuis, Co. E, 10th U. S.

(iiViihy, ii duly enlisted soldier in the service of the United States, did desert the siiid serviee, iind remain absent until overtaken and aj)i)rehended. the 7th day of Septeuihev. 18))7.

This at Fort Gibson, C. N., on or about the (Ith day of September, iNtw.

CHARGE 2d -Vinulaci i)reji«Hcii(i ID ijtnnl m-iUr anil iiulHnrji disciplhu. Spev[ficiiiioii -In this, that he, the said Private John Williams, Co. I-,

10th TJ. S. Cavalrv, did take, with the intiMit toappropviate to his own »isc, one Spencer carbine, the property of the United States.

This at Fort Gibson, C. N., on or aVxmt the (Ith day of Septembi-r, lH(i7.

PI.KA.

To the specification 1st charfje, Mot (Jnilti/. To the 1st charge, Not (iuilt)/. To the specification "id charge, Not GiiUiii- To the "id charge .Vo^ (hiittii.

FINUINC!. Of the specification 1st charge, (rnilli/. Of till- 1st charge, ilxullji. Of the specification '2d charge, (iuilh/. Of the 2d charge 'iiiill'ji.

SENTKNCE.

To forfeit all pay and allowances now dui'". to be dishonorably discharj^i'd

and drummed out of the service of the United States ; then to be confiiu d fit hard labor at such pLice as the Commanding Gcncial may direct. U>\

the period of six months.

:jd.—Francis Herrmaii, Private Co. C, (ith U. S. Infantry, on th<' following charge and spcifications :

CHMioic-Ne<ileci i>f duly. Spectjic(tli(i)t 1st In this, that he. Private Francis Herman, ('o. C, (ith

U. 8. Infantry, being a member ol the guard mounted at Fort (Tibsou. C. N., on the 15th day of September, 18(i7, and being jilaced in charge ol prisoner Williams, a rolnred r;tir-cn, (r> cnnduct him to the rear, did jjev- mit said prisoner to make his escape.

This at Fort GiVison, C. N., onorabout the Kith day of September, 18('>7. Specififdtkm 2(/ —In this, that he. Private Francis Herman, Co. C, fUli

U. S. Infantry, being a member of the guard mounted at Fort Gil)son. C. N., on the 15tli day of September, 18(>7. and being by the commander thereof placed in charge of pristmer Williams, a colored citizen, to conduct him to the rear, upon his attempt to escape, did fail to take proper measures to prevent the same by discharge of his piece or otherwise.

This at Fort Gibson, C. N., on or about the Kith day of September, 18117.

PLEA.

To the 1st specification Vo^ (iuilh/. To the 2d specification A'<<^ (luHlii. To the charge, .Vo/ (lu'iluj.

FINUINC;.

Of the 1st specification llnUtij. Of the 2d sjKcification ihi'ilUj. tH" the charge, (hiill'ij.

"

:?

NK.NTKNCi:.

To forfeit ti) the I'nittul Stiitcs tfii doUiirs of l.is iiiontlilv pay for twn months. 'I'he Court is thus loiiicnt in considciMiion of (li • conliiKiLicuf iilreddy un(li.rf.;one hy the ivrisoncr.

II.... In the I'/.ises of Priviites Joslina Downiu;^ and (oiin Williams, oi Co. E, 10th U. S. Cavalry, and Francis Herrnian. of Co. ('. (ith V. S. In- fantry, the ]n-oceedni^K aiul tindinji^s are approved. The sentences, notwithstanding the ninMirranted leniency of the Court in tin cases of Down- ing and Herrnmn. are contirnied, and will be duly carried i;ito ettect. Fort tribson, C. N.. is desigiiuted as the ])lact: for the execiitio:i of so nnich of the sentence in the case o*' Private John Wilhams. as relates to conlinement at hard labor. Pi-ivate Fi-ancis Hei-niian will be reh ;ised from continenient and returned to duty.

III. . . . The (ieneral Court Martial of which IJnvct M .jor M. BrynM. Captain (ith liitantry, is J'lesideiit. is dissnlved.

IV. . . . Mefore a (xeiieral Court Martial which c<nivened at Foit Harlier. Kansas, October 21, 18()7, pursuant to Special O.-dcrs No. 21, (). t;>ber IM. KStiT. and ot which Brevet Major (ieneral AwuKi) (rijiiis. Maj(U- 7ih I'. S. Cavah-y. is President, were arraigned and tried :

fth. James Wrigiit, Piixate Co. H. :!.Stli V. S. Iiii.iutiy. on ihc follow- iiiL,' clialj^'cs anil specifications :

CH.\lt(iK 1 st- - iK'srrtJr,,,.

Sp''-:firiiti(/i( In this, that he. Private James Wright. Co. H. H Ith In- fantry, a duly enlisted soldier in the I'nited States service, did desert the same and remain absent th<'refroni until apprehended at Fort Harlccr. Kan.sas, August 25. iMdT.

This at Jelferson JJarracks. Mo., June 2. IHCw. CH.\KI;K 2d Vinhilloi, .,/llif 22,1 Article <./ \\,,r.

Siticijiculion In this, that he, Priv ite James Wright, Co. 11, KiSth lii- fantrj', a duly enlisted soldier in the United Sbites service, did de.sert the said si'rvice, luid \\ithont a regular discharge from said Co. H, :Wth In- fantry, did ei'list in the lOth V. 8. ('avalry, remaining there uut:l :'pj>re- licnded and brought back on or about the M d,iy of Sejjtember, lH(i7, at Fort Harker, Kansas.

To the specilication 1st charge. To the 1st charge. To the s^"'citicp.':io7i To the 2(1 charj'e. .

i(\ f'hnrge,

Of the specification 1st ciiarge. ..... Of the 1st charge Of the ,sj)ecitieation 2d (charge. ...... Of the 2d charge

SK,NTKN( K.

To make gcuxl the time lost by desertion : to forfeit to the I'nited Statt his monthly i)ay for two years ; to be confined at hard labor for that in

liiiiiiij.

(rliilfl/. (ritilfl/.

^'

rioil. weswin-j; a liall and cliiiiii attiiched t<> his left l'-^;, aiul at tht^ tioii of his term of pmiishiueut, to be (lishoiiorahly ilisch!ivjj;ed the Mf the United St.ttes.

"■)th. Thomas Nicholas. Private Co. B. ;Wth V. S. Infantry, on lowing' charge and speeitication :

Ca.utftE 'Deserti<III. SpccAj\ciii\(,n In this, that he. Private Thomas Nicholas, of t'o.

U. S. Infaiitrv, having' been duly enlisted into the military servic United States, did desert therefroni on or a))ont the .SOtli day of. A. D. 18(i7, and did remain absent until he was arrested and brorj^ to the statit)!! of his company at Fort Harker, Kansas, on or aboat day of October foUowinjj;.

This at or near Lawrence Citv, Kansas.

expira- service

the fol-

IJ, a«tli ■e of the .Vu;4usl. ;ht'back the Cth

To the To the

speeitication Xnt (lailiij, chavjLte .Vo/ Ilii'iHif.

Of the speeitication. < >f th(> charge

FINDINCi.

(liiUhi. Cii'iliil.

SENTKNCE.

To lorfeit to the United States all pay and allowances that are or ma\ become due. except the jnst dues of (he laundress and sutler; to b.

branded with the letter 1) under his left arm, and fifteen days thereafti r to be drunnned out and dishonorably dischaVLjed the service of the Uniteil

States.

(;th. Dennis Murphy. Private Battery 15. 4th U. S. .\rtill.iy. on tin I'oUowin:; chari^es and specitications:

CHAKUE 1st- ■DriiiiLeniiess im (lnh/.

Siiccific((fiini—lu this, that he, the said Private Dennis ilurphy. Batteiy B, 4:th U. S. Artillery, beinu; at Stables with his Company, was too drunk to conduct his team to water.

This at Fort Harker, Kansas, on t)r about October 'i'id. 1M<«7.

CHAiuiE "id -hiijinipedii (ihseniint/ hnnself from ihiiy. to the jirejiKlire of (/<"<'/ order (Did inUitrirj/ discipl'nte.

Specijiceitioii—In this, that he, the said Private Dennis Muri)hy. Battery B. 4th U. S. Artillery, beini^f at Stables with his Company, did. without proper authority, absent himself from the stal)les and his eomjiany, and did go to the Post Sutler's shop, where he was apprehended and brou'^ht back under ^itard.

This at Fort Harker. Kansas, on or about October -I'ld. liSdT.

To the specification 1st ciiar<,'e GaUti/. To the 1st charge GuUti/, To the specification 'id charge, GuUtij. To the -id charge , Oi'Mlij.

EINI>IN(1.

Of the s])ecitication 1st charge (/i(/////. Of the 1st charge tiuHtij.

fl

m

()t the sjicciticatioii '2(1 chai'L;!-, Of tlie 2(1 oliixiv"' . .

Sl'.NTHNCK.

I'd t'ortfit t\Mi iiioiitliN |>ii.\ : to ciiiTv a IUL; nf t'.vciitv-tivi- jiuiimls wci^^l, ritch alterimte day i'ov tnw iimntli. in front of the ynard. on a tweuty fo> rinjj;, from Iicvi-illc until dark, allowing' one-half hour for each meal: tli alternate da_\s to stand on the head of a barrel m front of tlie L,'uard.

S. Artillery, on tl 7th. -Michael Keatiu'^. Private Battery J>. 4th V follownii; eharL,'is and sjieeifications:

1st ;/. /<- lln ,r,r,- ,1 nnln- a,„l ,i„ii:i,i,

lael Keatiuij. I>atter\

Sli'alh,!/ < Inth iliscililllii:

S,„<;jlr<ir,i,„ In this, that he. the said I'rivat.' .Mi( l>. 4tli r. S. Artillery, did unlawfully take from the knapsack of Private •John H. Rice. Battery ]i. 1th I". S. Artillery, the followin-,' articles ol clothinj,', l)elonj;in]i^ to the said Private John H. Kic<', viz: (1) one paii Cavalry trowsers. valued at S") !)i), (1) one piir drawers, SI fit). (1) one paii socks. 4Hc.. (1) one sliirt. ^'l \V1. (1) one stable frock. S-2 "20: and did ai terwards disj)ose of, in a nianntn- uid<nown. all the above named artich -- sa\e;l)one stable frock, which lie. the said I'rivate Micluiel Keating, liatterv B. 4th U. S. Artillery, returned to him. the said IVivat.' Tolin 11. IJi.'e. Battery B. 4th V. S. .\rtillery.

All tliisat'Fort Harkei-. Kansas, on or about Oetolur "ilst. IMCT.

CuAKoi:-2(1 \';nlat;,,„ <,f Ihr ^\th Arlirl, i,/ UHr. Si„'ririr(illn„ In this, that he. Private Michael Keating'. Batteiy B. Hi

I . S. .Artillery, did. without proper authority, absent himself from tic Water Call of his Battery, and did remain so absent until after his Batter\ had returned from th ■ said Watei- Call.

All this at Fo.t Hark.r. Kansas, on or alxnit October ^Ist. Is(;7.

To the specitieation 1st charLje.. A'o/ liiiiltij To the 1st charge, Vo/ (iiull'i! To the specification 2d charj,'e (THIIII^

T'o the 2d char^'e, 'riiil/;,

KINI)1N<;.

Of the specification bst ehar^'e .\<>t Uniltij. Of the 1st chiirj^M' Sol GnUiji. Of the specification 2d charf^e. coutirms his plea and finds him. . . G^dUi/. Of tlie 2(1 char^'e. contimis his plea and finds him '!ii!lii/.

SENTEN'CE.

To carry a \o^ weij,diin^< twenty-tiye (2."») pounds in tidut of the i;nard: walking,'a twenty (20) foot rin^' for one montli. allowing a half hour for

each meal: and to be returned to duty.

V. . . In the case ot Private James \Vri,i,dit. Co. H. :Wth P. S. hifantry. the proceedin<^s and findinj^s are approved. The sentt'Uce, excei)t so

lunch as dinvts the making,' !,'ood the time lost by (h'sertion. is confirmed. ;in(l will be duly carried into ett'ect at such post as his company may be servini,'.

*!i

!iii

Thi' i)voef't'(liiigs and tiiulin<j;s in tin- lusc ni I'liviitf TluiniiiK Nicholiis. Co. B, ;{Stli U. S. Infantn, ww. ii\)\n(>\v(\. The sentenof is conuunti'd as follows: To fortVit all pay and allowances ni>w dne, or that may beconie due, except the just dues of the laundress, and to be dishonorably discharged and drummed out of the service of llie Unit(Ml States. Th<' sentence as c(mimuted will be duly earned into effect.

In the; case of Private Dennis Mnrphy, Buttery B, 4th U. S. Artillery, the pnxteediuf^s and lindings are appioved. The sent^'uce is comnnited to forfeiture of two montii's i>ay; a)\d as conunuted. will be duly carried into effect. He will be released from confitieinent aud returned to duty.

The proceedings and tindinys in the case of Private Michael Keatiu!^, Battery B, 4tli II. S. Avtillery, are ap])roved. 'I'he sentence is contirnn-d. and will be duly carried into effect at sn<'h ])o>t as his company may b.

serving.

VI. . , The GeneraK'Oiut ^larfialof whicli Brevet Major ((<neral .\ltied liibbs. Major 7tli V. S. Cavalry, is Pn^sident. is dissolved.

B\ connnaud of Brevet Major General A- J. SMITH :

("HAUNCEY McKEEVEK, As.'^ifitdiit Ailjulmd Generui,

OFFICIAL;

d-^,

^

~^'' AssisiUird Adjuiant Ger,^rai

li

G. C. M.

1. William Tulhuiiii. Private Co. E, M V. S. Cavalry.

•2. ('liarUs E. Wdodniff, Private Co. C, r)th V. S. Infaiifiv. :t. John Dwyer, Serf,'eaiit Co. A, ad U. S. Cavalry.

— « Mtfct

HEAD(iUAKTERS DEPARTMENT OF I'HE MlSSOllM.

FoKT LEAVKNWOHTH, KANSAS, November 2(>, ISOT.

(TKNKKAI. (►KDJ'.US. I

No. -i",. f

I Helore a (reiieral Court Martial wiiicli conveiifd at Fort riiicn, N. M., .\nj,'ust 17. 18()7. pinsnaur to Special Orders No. KMl, 1st scries, and Special Orders Nos. .j and IH. "id stales of iHCiT. from these Hcadijuav- ters. and of which Brevet Urif^adier General R. S. UoitKurs, Lieutenant Colonel :kl U. S. ("avalry, is I*resident, were arraii,'nrd and tiled :

1st. William Tallman, Private Co. E. :!d V. S. Cavalry, on tin- tollow- ii^' char^'es and specifications :

('HAK(iK 1st Disirli'iji.

Si,n-ijir<itii>,i In this, that Private William Tallman. of Co. K. ;{d V. S. (,'avalry, hein;,' on detached service with orders to retiiiii l>y a certain time, did fail to return as ordered, and did remain absent until lirom^ht hack hy a detail sent for him.

This at or near Fort IJascom. N. M.. on or al out the •JHtli (la\ of .lulv. 1H»;7.

CHAKUE 2d- Oniihirt In flu i>ritlii-e rif (joiiil mdrr ii„tl niiliturt/ ilisri/,!!,,!.

S/ieciJiciilioth-In this, that Private William 'J'allman, of Co. E. 'M V. S. • 'avaliT. ilid shoot at and woniul a Mexican ; this not in defence of his own life.

This at or near Stone l.'Miiche. N. M.. on .M alMnit the 2Htli dav of.hih. 1HH7.

I'LEA.

To the speciticution Ist eharfj;e Xot ijnUiif. Co the Ist charge, S'of ilu'illij. To the specification 2d charge In liar of trial, for want of jurisdiction ot

this General Court Martini, for the following reaN<ni : as 1 icing a civil citfence. I demand the benefit of civil law, as sjiecified in the .■{;{d .Vrticle of War. The Court decides to overrule the jilcn lu bar of trial. The prisoner

then pleads : To the specification 2d charge. ..... .Vo< (riiilh/. To the 2d charge. V"/ Oiultij.

FINDINO.

Of the specification 1st charge. Sot Gn'dli/. Of the 1st charge, Ao/ <iiuUy. Of the specification 2d charge. ...... Gujlty. Of the 2d charge. irtoHl/. 11

«AsJtu'.-J^t'Sia'aE*^-:j»f«S3P*5-3«4«i.ii!^^

'^^"

W'

IÎJ

Ûiiid for a period of tlut SENTENCE.

To be confintd at luml labor in charge of i (3) calendar months.

2d.^-Charles E. Woodmfl; Private Co. C, 5th I'. S. Infantry, on the fol- loving charge and specification :

CHARGE—Z)e.s'p;7K)*/. ypecijictdiiIK— In this, that he, Charles E. Woodrutf, a Private of Co. C.

5th U. S. Infantry, did, on or abont the 'iHth day of June, 18(57, desert the military service of the United States, and did remain absent until apprehended at or near El Eito, N. M., on the 3()th day of June, lH(i7.

This at Fort Winj:,ate, N. M., on or about the 'iHtli day of June. 1!S(;7.

To the specification, To the charge.

.Vo/ (iHililJ. Xot (hnlii,.

Of the specitication, (inUlji. exctpt the words '-until apprehended."'

Of the charge, GniUij. SENTENCE.

To be c(i.flned at hard labor in charge of the guard for the period of

.■-îx yi\) months; to forfeit to the United States, all pay that is, or may become due him, txciptirg the just dues of the laundress; and at the expiration of this peiicd, to have his head shaved and then be drummed out

of the service of the United States.

;5d.—John Dwyer, Sergeant Co. A, 8d XT. S. Cavalry, on the following I barges and specifications:

CHAEOE 1st- I)isiihe(Uvhre of orders.

ypecifcalion— In this, that Sergeant John Dwyer, of Co. A, 3d Kegi- ment U. S. Cavalry, being at the time on a sccnit alter Indians, and having been ordered by 1st Lieut. W. P. Eainbridge, 3d U. S. Cavalry, commanding !-aid scout, to go to the Post of Fort Union, N. M., with a party in charge of prisoners, ^^Hlldiers,) and report said prisoners to the Com- manding Offi< cr of said Fort Union, did disobey said order, and did fail to deliver said prisoners as ordered, or say any thing about them.

This while on a stout between Plum Creek, and Jcthnson's Banche, N. M.. on or about the 5th day of September, 18f)7.

' CHAEGE 2d— Condud prejudieial to <JO<HI order <md mllitai'y discipline. ypecifiratit),—In this, that Sergeant John Dwyer, Co. A, 3d U. S. Cav-

aliy, being at the time on a scout alter Indians, and having been ordered by Lifcut. W. P. Bainb'iidge, 3d U. S. Cavalry, commanding said scout, to go to the p< st ot Foit Unii n, N. M., in charge of prisoners, (s()ldiers.) did say : "I don t like to do it ; I am afraid that the men of the two coni- psaiics will tight among themselves," or woriis to that effect; and on being asktdby said Lieut. Baiiibridge, if he, the said Sergeant Dwyer did not have a revolver, and if he did not know how to use it? did reply : "Yes. b\.t did not like to do it," or words to that effect.

This while on a scent between Plum Creek and Johnson's Ranche, N. M., on or about the ~>\h day of September, 1867.

^1

M

To the Hpef-iticatiou 1st cliai;,'*-. To the 1st chai^'e, To the specitioatioii 2(1 cliiu<4f. To the 2d ohavfre.

]\ot Guilty. Xol GuiU'i/. Xot Guilty.

Of the speciticatioii 1st cliarj^'e Olthe 1st cliai-^'e. Of the speciticatioii 2(1 charf^'e. Of the 2d charge,

And the Court does therefor

FIXDINO.

Xul (inUty. Xot Guilty. .\()t Guilty. Xot ijuilty.

ic(]uit him.

II ... Ill the cases of Sergeant John Dwyer, Co. A, ;id U. S. Cavalry, and Private Charles E. Woodnift", Co. C, 5th U. S. Infantry, the proceedings, findings and sentence are (lisaj>proved. The record does not show that the Conrt was "dnly" sworn, and is therefore fatally irregular. They will be released from arrest and returned to duty.

The proceedings and findings in the case of Private William Tallnian. Co. E, 3d U. S. Cavalrj', are approved. The sentence is confirmed, and will be duly carried into eft'ect.

l\\ connnand of Brevet M.\-TOII (TEXEEAI. A. J. SMITH :

CHAUNCEY McKEEVEK, ^si.'it'(»f AdjiUiiut (lenerah

OFFICIAL :

Assi.'<tii,il Adjulinil GeiicniL

G. C. M

7. H.

;). 10.

•Tolni An lur. riivatr Co. E. fith V. S. Inliintiv. (reoif^'f Conovfr, Private Co. E, (ith U. S. Intiiutiv. Bt'niaid Drfty. Piivati' Co. E. fitli U. S. Infrtiitiy. Jolm Haley, I'livate Co. E, (Ith U. S. Infantiy. William Handley. Piivatf Co. E, f>th TT. S. luluutiy. John Kelly. Private Co. E. (ith U. S. Infantry. John Manuion. Private Co. E. (Ith U. S. Infantry. William McDonald, Private Co. E, (Uh V. S. Infantry. •Tames Monelaws. Private Co. E, <ith U. S. Infantry. John Nolan. Private Co. E. (U'l U. S. Infantry.

HEAIX^r.VliTEPS DEl'AKTMENT OF THi: MISS()[PJ. FOIST liKAVK.wvor.TH. KANSAS. XOVI nil»ir "27, 1s(',7.

( ;I;M',I;AI, ()I;I>I,I;S.

No. -iC.

iii

II

I. . . .IJefore a (Tene)-ai Court Martial wliieli eonvcneil at Fort .Vrlnickl. .. C. N.. September i"). 1H()7. pursuant t<i S])eeial Orders No. IHl, 1st scries

of 18()7. from these Heathinartors. amlofwhieh Captain J. W. WAT.SH.

Kith Cavalry, is President, were arraijJtnod and tritnl :

1st. John .Vreher, Private Co. E. (Ith U. S. Infantrw on th. Icllowiu (•hart,'e and specification :

CHAiioi; Dt'si'i-tioii.

Îii-rijintt'niii In this, that he, tln» said J(d)n Archer. Private Co, E> ^'th U. S. Infantry, hviu^ u duly enlisted soldier in the service of the United States, did desert said service on or alxmt the Iftth <lay of July, 1H()7. and (lid remain so ahseiit until a]»i)reliended and l)roui,dit hac'k to l»iscom])anv Mil the-i-id day of July, 1S(;7.

.yi this at ('amp, IJattalion (Ith U. S. Infantry, mar I5i-; Sandy Creek. • '. N.. I. T.. on or ahout the dates ahove s])ecitied.

I'll the speeiticfttion,. To .the (•har^J:<^,

I'LKA.

Of the speeitieation Of th( chari/e

SENTEXCE.

To forfeit to the United Stiites ten dollars (.-ÎK) per month ol his month! |)ay for six ((')) months, and then to be contined at hard labor in eharfte c the iûard for the period of three calendar months.

2

"2(1. -G<'t>i<<i' Coiiovcr, Priviitf ("o. E, tlth V. S. Int'iiutiy, on tlu- follow- ing!; c'hnrj);e and specific'uti(ni :

CH.VUOK IhsirlhiiK Sfieclfii-dCiin, In tlii^ that lif, the said Pvivatc (icoixf Conuvcr. Co. E.

fith Inlantvy, \M-\\\<^ a dnly fnlistfd soldier in the service of the United Slates, did desert said service on or abont the lltth day of July, IHllT, and did remain so absimt until apprehended and returned to liis couipanv on the 22dday of July, 18(17.

All this at ('amp of Battidion, (>th F. S. Infantry, near Big Sandy Oeek. ('. N., 1. T., on or al»out the dates above specitiod.

,. . PI.EA.

To till' speeitieation, Sot Ouilhi. To the char<,'e Y..7 (hdJl)i.

FINIUNCK

Of the speeitieation (riiiliji. exeeptiu}^ the words •• did desertHaid service,'' substituting therefor th • words did a\)seut himself withou' authority frmi his (romi)any .lud camp.

(>f the ehar^'e \<>l GnWii. but ^'uilty of aliseiice without leave.

SENTENt K.

To forteit to the lljiited States sixteen doUars (SlHV ot his monthly i>ay tor Kue {\\ month, and to be conlined in eharj^e of the'-cnard foi'thirty \^'Mh

♦It. vs.

l>d.. -Bernard Diitfy, Private Co. E, <>th U. S. Infantry, on th.' followin- il)av}j;e and s]ieeiticatioii :

OHAKUE—Ihsi-ri'ldn. Spt'i-'ijicdtiihi In this, tluit he, the said Private Bernard Dully, Co. E.

t;di U. S. Infantry, benig duly enlisted in the service of the United States, did desert said service on or about the HHh day of July. 18(17, and did niiiain absent until ai>preheuded and returned to liis eomY)an\ on the 22(1 day of July, 18(;7.

.\11 this at Camp of Battahon, «>th U. S, Infantry, near Bi^; Sandy Cre. K. C. N.. I. T., on or aViout the dates above specified.

ri.E\. To the speeitieation.. A<>/ Guilh/. To the charge, . -V"/ Ginllii.

FINDINti.

<){ the sj)eeihcation GaUtii. eKcvptinc,' the words -desert said serviei," substitntinj; therefor the words, absent hiui-telf from his couipany and cam]) without proper authority.

t >f the i-hiir^'e S"l (iailtii. but (guilty of absence witlK>nt leave.

SENTENCE.

To forfeit to th" I'uitt'd States sixteen dollars y^lt\) of his monthly piv tor one ^l\ month, and to be contiiu'd in chari^e of tin- <4uard for thiri>

i:!(l) davs.

I

I

"

•

4th. --.Toliu HaK:y. Privntf Cii. E. (ith F. S. Intiuitiv. mi Hi.- followiii!,' «-liiiryf 1111(1 .sjHH'iticatioii :

CHAIUIK ftpsertioh. Spedjiratioii In tliis. that hv. the said Private John llnlcT. CK. E.Cth

['. S. Infantry. hiiiiL,' <hily cnlistcMl in the sprVici- (it the t'nitcil States, did desort said serviee m or alxint tlie llHli day of .July, 1H(;7. iinddidroniiiin absent 'iiiitir apurehendi'd iind vetnrned to his eonriiaiiv on the '22d day of .fnly, IHCT.

.Ul this iittlaiiiji of Hattalion, titli Infautiy, near Jji'^Sindy Crteli. ('. N , I. T., on or about tlio dates idxivo sjiecitiod':

' I'l.KV.

. . Sol il,>W„. : . . .\o/ li)ult]l.

■|'o the speeilieation.. To the chaive. .

< )f the sjieeitieation . . .' . . . . (hi'illif. excepting the wi'irds ••desert said service." snl«5litKitiii<:; thel'Otb^ the worrls. absent liiiiisiMf troni his eonipMiiy itnd eainp \<irlionf pi'o])er iui- tiiority.

Of the ("har^'e Sol i;u[li,i. but LJllilty of Mbselice Wltbont lejivi'.

sl'.MKNCi:. To forfeit to th. I'nitid States sixtoon dolKus (SlC.) of liis moiitldy yxy

for one month, and to be contiiuMl in'eharj,'e of tlie '_;nih<l for thirty (i^Mi days. . •

.")th. Willia'iii Haiidh'y. Private <'... K. (;;li T. S. Inlantiy, on tlie following ehari,'e and speeitieation :

('H.kK<iK •Iti'^i'rtiitli.

Sp,;-)iirii''i(hi In this, that he, tlie said l'rivat<: William Haifdley. of Co. K. (ith IT, S. Infantry, bein<,' (bil,v enlisted in the sorvice of the United States, did desert said service >ii or about the I'.dh day of .?nly, 1SH7. and did remain absent until apprehended and returned to his «'omjmnvoii the •i'id day of .Tul.v, 1H(',7.

.\11 this jtt Oamp of liatt;di(m, »ith Infantrv. near His,'Sandy Creek. C N.. I. T., on or about the dates above si)Peitied :

To the speeitieation. To the elair^'e

\ut (rxUhf. . Xnt GviU'ij.

TINniNTi.

< )f the siteeitication,. Gntliij. e.vceptinf,' the words " dosort said sei^\ice," substitutiiij,' therefor the words, abseiit himself from his coinpiiny ami i-Minj* •without proper aii- thovitv.

t )f the ehai-Ke AV./ ^'i'/////. lint guilty of absence witliout leav^-.

sKX'rKS<;K. To forfeit to the United Stat+'S sixteen (hdlars t.sl»i) ot his monthly .)M>

lor one. (1) month, ami to be confined in ehaiye of the guard for thiri\ (:<(!) ditvs.

!■

4 flth. Jdhii Kelly, rrivate Co. E, tith U. S. liilimtiy, twi tl^f i'oUowiiiu

cliiiv^c un<l spccificiitioii :

(,'H.vuiiE- Jksi-yHijM.

Si>e<:ijic.itlii>,i In thin, that he. the s>«(l Privutf .lolui KtUy, Co. E, (itli v. S. Infantry, bein<>; duly enlisted in the serviee <>t'the United Stvites, did dfsevt said service, on ov aV)ont the 19th day of July, 18t')7, and did renmin absent until apprehended and retnrned to his eonipany on the 2'2d dav ot July, 1H(17.

AH this at Csinipof Battalion, (ith U. H. Inlantiy, noav Bi>( S»mdy ('reek. C. X.. t. T.. on <n- about the dfvtes above spe<'ified. " , .

PI.AK.

To the siiteitieation, JV'o/ (J-uilli). To the charge .Vo^ Qrulttj.

FINDING.

Of the specification, , GtiiUtj. exce.ptinj( tile words " desert said service,',' siiVmtitnting therefor the w()rdM, al>sent hiniself from his company and cam\> without authority.

()f the char^'f .V<>^ GuUti/. bnt guilty of absence without leave.

SENTl'.NCK.

T'o forfeit to the l-nited Statt« sixteen dollars (."^It;) of his monthly pa.\ for one (1) month, and to V>e cfinfim-tt in vhnrwe of tlw i^nnrd for thirty {•m days.

7th. -.lohu Mannion, I'rivatt'C<». E. (ith C S. Infantry, on the foUowinc; (•harj4»'and specitication :

CHAn(ii; Ih-sert'ioii.

Sjii-ritlrdiion In this, that hr. the «»itl Private John Mannion, ("<>. K. •ith U. S. Infitutry, bein<j; a duly enlisted soldier in th*" service, of tli. I'nited States, did desert stiid service on or about the llHh dayofJuh. 1807. and did reniain so absent until apprehended and returned to his c«»ni- \»any on the 22d dav of Julv. IH<>7.

All this at Camp of Batta'Uon, fithU. H. Infantry, near liij^ Stmdy Cml<. C.-N.. I. .T.,-oB or abtmt the dates above spe«!Jtied.

To the specitication. ........ ,V<4 (rtdll;/. To the charge. NU GuiUi/.

IINDINO.

Of the specitication. (liuUij. excepting the words ••desert said service.'' substituting therefor the words, absent himself from his company and camp without authority

Of the charge. . . . '. ' \„t GaUiij. but guilty of absence without leave.

HKNTENCK.

To forfeit to t'ae United States sixf<^{?n dollars (sl(>) of his mimthly {my lor one (1) month, and ti) be couftn*-*! in charge of the guard for thirty

t 'M)) djiys. .Stk -William McIVrnwld. Private i'«>.E, (^i U. S. Infantry, (ni the fol-

lowing charge and specilication :

u

i

C'HAUGK Ih'sidhiii. SfMi-!H>-at!iiii In this, tluit he, tht- said rrivato William Afclhuiald, ("o.

E, nth lufiiiitrv, \>vwji dnly iiilistid in tht- service of the t'liitcd States. •lid desert stiid sevviee on ov abont the liHh day of Juljj I8ti7. nnd did le- iiiain absent until apprehended and returned to his ponipiniv on tlie 2'2d day of July. IHCJ.

All this at the Ciuup of Uiittalion, tjth T'. S. Infantry, near liij^ Sandy ♦ 'reek. V. S.. I. T., on or about the dates above specitied.

H

To the speoitieatiou. To the ('har"v.

.\.>t (hiWii. .yoi Guiltp.

Fivmxc. ' < If the s|K-eitieatiol). , , (rUiltl/.

" exeeptiu;,' the words ''desert said service." substituting therefor the words, absent Irniself witliout authoritv tVoui his cotapany and cuiup.

()f the chari,'e ' '. . .V,,^ (hnHi/. but j^nilty <>t'>iV>senc( witliout leave.

!4KNTKN<K.

To forfeit to tlie I'lutcd States sixteen dollars (SKi) of his juonthly )>ay Inr one month, and to be eoiilined in eharpie of the j^nard for thirty (:tO) djiys.

•.►th. James Monelwws. Private To. E. Wh V. S. Infantry, on the ;ol- l .win^' churj^'c and spefitieation :

('HAKfir, , l)(sirH»>i..

Sjtfi-ttii-ittioii In this, tlmt he. the said Private .hunts .>4ohcLi\\s. Co. K. »>th I'. S. Infantry, bein^' duly enlisted in the service of the I'nited Stiitei^ (lid desert said seavice on or aJiont the IKth day of July. 1N(!7. and did re- iiiain absent until ai)prehen(ted and returned to his r-onifianv on tlw ±>(1 day of July. IHCT.

.\)1 Ibis at the Cariip of Kattulion. tith V. >^. Intantry. near Ui'^ Sai»d\ Creek. C N.. I. T.. on or alxmt the dates-above s]ieeittcd.

To the Hj>ecTficati«»ii. Til the cluir<ii'.

St,t (rllUh/. .\'nl lrv;li,l_.

• >f the sjieciticjition. . . 'ruiUff. excepting the words -desert sjiid servii-e,' sid)stitntinM therefor tin wonts, absent himself from his eomi)any an<l eaiu]) without authi>rity.

t )f the chari,'e. ' \nf fhiilh/. but j,'uilty of absence without leuvif.

. , SENTEXIK.

I'o forfeit to the United S'ta'fes sixteen dollars (.■^1(1) of his monthly i)a.\ lor one month, and to I)e eontined in charj,'c of the j,'uard for thirty (:!li. days. , .

10th.- John Nolan. Private Co. K. Cth I'. S. FntaMtry. on th<'followiu. <liarf,'e and specitieation :

Cn.viuii: DfiSfrll'iii.

Spfcljinilloii -lu this, that he. the said Private .loin N'olon. Co. K, tltl' r. Js. Infautrv, beuii; a dulv enlisted soldier in the service of the I'niterl

k

states, (lid <U-s.t:it saiil s(?rvn'c <>ii or uboiit the I'.tth diiN ol'.fnly, lSti7. itnt* did remain so absent vmtil approhendcd and rttnrncd to his. fonipam on the 22d day ofJuly, ISCT.

All this nt Camp ot Battalion of (ith U. S. Inlantvy, mar Hip; Sandy Creek, C. N.. I. T., on or abont the dates above s]ifcitied.

I'o the spccitication. Vo/ 'fuiHii. I ' t the charge .Vo/ (ruiltti.

JINDlNt;.

< >t' the specitication (iniltif. ixeeptinjj; theiwin-ds, ••dcsei't said service" sulistitntinj^ therefor thr words, absent liiniself from his company and eanip vithont airthority.

I )f the ehar<:je, ' -V.'/ U'u'lty. bnt ijnilty of absence withont leave.

SI'.NXKXtj;.

To forfeit to the Tnited States, sixteen dollars (SlC.) of his monthly l>ay for one (1) mouth. :ind to be contined in char^'e of the i.;nur<l for

tliirty (30) days.

II In the case of I'nvate John Areher. of Co. K, (Ith V. S. Infantry. the proceedings and tindiugs are aîproved. The. evidence is substantially the same as that upon whit'h the Court has found tifteen others, under

t,he same char<;e and s]iecitioation, vjuilty ()f absence without kav*'. The -ientenee is therefore eomumted to forfeiture of sixteen dollars of his monthly pay for one month, and to continement in char-î' of the jûard for thirty (;{0) days. The sentence as counnnted will be duly carried into

etteot In the cases of Piivates (renTije Ctuiover. Hernavd iMtfy. John Haley.

William Handley, John Kelly, John Mannion, William >[cDonald. James Monelaws, and John Nolan, all f)f (ô. E, (ith U. S. Infantry, the proceedings are approved. The findings are disapproved. The evidence in each case clearly sustains the charge of desertion. The presence of danger at the post of a soldier, in whatsoever form it may appear, can atford him no excuse for desm-ting the saniC. The sent^'uces. that they may not wholly escape the puTiishmeiit merited. a\-e continued, ;ind will be duly executed.

By command of Brevet Mx.toK <TiiN?:nAr A. J. SMITH :

CH.UTNCEY McKEEVEtl. \.i.<f>Mant Adjutant trcnnvl.

«l

'^ '"^ .^^JK'-

i G. C. M.

1. (ie<)i}j;f ]Mvi(ls()ii, Private CD. F, Gth U. S. lutiiiitiy. ± William Woodward. Private Co. E, fith U. S. lulantrv. :t. R()l)(>rt Mom-e, Private Co. F, (ith U. S. Infantry. 4. William Wri^'ht. Private Co. E, Otb II. S. Infantry. •"). Joseph Seger. Private ('o. E, Hth U. S. Infantry. C. Erastus Maxwell, Private Co. E, fltli V. S. Infantry. 7. John Baker, Private Co. D. lOth II. S. (Rivalry. •S. James Hansom. Private Co. D, lOth V. S. (lavalry.

HEADCiUAPi'1'EPvS DEPAKTMENT t)F THE MISSOUlil,

•r -i'.t. \^i\l

(TENEKAL OltDEKS, I

\o. 27. j

I. . . .Kefon- a General (^)nrt Martial which convened at Fort .Vrlmcki' . C. N., Sei)teml)t^r o, 1H(;7. pursuant to Special Orders No. l.sl. 1st serii- of 1H()7, from these Headcjuarters, and ot which Captain J. W. W.\i.sii. 10th Cavalry, is President, were arraigned and tried :

1st. (leorge Davidson. Private Co. F. (ith V. S. Infantry, on the loUow ing charge and specification :

CH.MUIE Di'sirtiiiii.

Sj)ecifjci(ti(ni In this, that he, the said Private George Davidson, Co. F. <)th U. S. Infantry, did desert his company and regiment, at camp near Big Sandy (^reek, I. T.. on the eveniug of the 19th of July, IHiM, and n niained absent until the "i'idinst., at which time he was arrested hy a guard.

.Ul this at the Cam]) near Big Sandy Creek. I. T., on or ahout the dat<^ aliove specified.

To the si)ecitication. ..... Xitl ti'iiilhi^ To the charge W,/ t;„!H]i,

FINDINO.

Afjjk "t the specification, Ijnilti). ^ "^ excepting the word "desert,' siibstiting therefor the words, absent him-

self witlumt authority from. • )f the charge, . " \"l '/»/%.

but guilt\ nf nbscncc williDUt leave.

SENTENCE.

To forfeit to the [ uiteil Mates sixteen dollars (Sl(i) of his monthly pay

for one (1) month, and to be confined in charge of the guard for thirty (••iO) davs. i

•Jil. Williiiiu Wooclwiud, Private Co. E. c.tli V. S. lutUutry. on th- t'ol- lowiii;^ cliiirê ami spcfiticatioii :

('HAT!(iE ' l)l'St-iih>ii

îifc'ipr'ilU>n -In this, that he, the saiil Private' William Woodward. Co. J-^, t)th U. S. Infantry, heiui:; a duly enlisted soldier in the service of the I'nited States, did desert said service on or ahont the lUth day of .Inly. 1S()7, and did remain absent until apprehended and returned to his company on the -i-id day of July, 1«(;7.

AH this at Camp I>attalion. (>th U. S. Infantry, ui-ar ]>i'^ Sandy Crrilv I. T., on or about the dates above speciticd.

'I'o the specitication. To the charije. X(4 GvUi'ij.

•'

()f the specitication, . . ...... (iidlti/. excepting' the words •• desert said service," substituting therefor tlu wends, absent himself without authoritv from his companv and camji.

()f the charge. . . . . ' . . . . ' X,,l (l,i;il,i. but guilty of absenci' without leave.

SEXTKNCK.

To forfeit to the Cnitcd States sixteen dollars (.'>1(P. of his monthly pa> lor one (1) month, and to ln' conlined in chart;f of the iLjuard for thirty ^:{0^ days.

:id. -Eobert Moore. I'rivate Co. F. Cth I'. S. Intantry. on the foUowiuL; char;,fe and specitication :

CH.\.IU;K—Dcsi-rth'i'.

Si,fi'ijic((ti<>u -In this, that he. Eobert Moine. Co. F. Hth I'. S. Infantry, did desert his company and re<<inient at camp nearlh^,' Sandy Creek, I. T.. "U the night of the lUth of July, 18(>7. and did remain absent until brought back by a guard on the '22d inst.

All this at Camp near Big Sandy Creek, I. T.. on or about the dates above specified.

Jo the specitication. 'I'M tlic charo-e

.\,.t (himii. Xnl GHIH]/.

FIN1>IN<..

< >f the specitication, 'sû'dii/. excepting the word "desert." substituting therefor the words, absent himself without authority from.

()f the charge, ' ^'<>/ Girilh/. but guilty of absence without leave.

SENTENCE.

To forfeit to the I'nited States sixteen dollars ,sl(;) of his monthly pay for (me numth. and to be contined in charge of the guard for tlnrty (:'>!•)

day.s.

Ith. -Wilham Wright, Private (\\ E. tSth V. S. Infantry, on the following charge- and spt'citication :

8 CHAIUIE—Ih-si-rtinu.

Sin'rlfiadUn, In this, that he, Privuto Williiuu Wii^'ht, Co. E, (>th U. S. lufuuti-y, beiu^' duly enlisted in the service of the I'uited States, did desert said service on or about the 19th day of July, LSCT. and did remain absent nntil apprehended and returned to his' Oanii) on the iM day of July. 18()7.

All this at Camp liattaliou. (!th U. S. Infantry, near Ei^ Sanch Creek. C. N.. I. T., on or about the dates above sprciricd.

s \

To the specificatiim, Ti) the char^'e,...

. . . . S<:t till ill I/. \,.t (rllill)/.

riNDlN. ,.

()f the specification, ... ... Hidlh/. excepting the words "desert said service," substituting,' thert'lbr ihe words, absent himself from his company and camp without authority.

()f the charKe, ' \..' i;.::ii.. liut .Lûilty of absence without leave.

SEXTKNCI,.

To forfeit to the United States sixteen dollars (SlU) of his nionlhly pa.\ for one nitmth, and to be confined in chari,'e of the !,'uard for thirty {'M*) days.

oth.-- J()sei)h Seger, Private Co. E, Cth V. S. Infantry, on the followin charjê and specitierttion :

CHAROE—J)fSI'rHn),.

Siii'fificiilHiii In this, that he, Private Joseph Seger, Co. E. tith V. S. Infantry, being duly enlisted in the service of the United States, did desert said service on or about the 18th of July, 1867, at Big Saudy Creek, C. N.. and did remain absent until he surrendered himself on the 27th of July. lS(i7.

All this at Camp of a Battalion of the fith U. S. Infantry, ni'ar Big Sandy • reek. C. N., I. T.. on or about tlu> dates above specilied.

To the specification. To the charge.

Not GaiHii- X,,l G,i]lf,i.

Ut the specilicalion (nnih/. excepting the words "desert said service." substituting therefor the words, absent himself from his company and camp without authority. and excepting the date. (•27th Jidy. 1807,) substituting thereftu- the date. 2*)th of July, 18(17.

Of the charge, A'o/ Guill!/. but guilty of absence without leave.

SENTENCE.

To forfeit to the United States .sixteen dollars (Sh>) of his monthly pax

for one (1) month, and to be ctmtined in charge of the guaid for thirty (30) days.

C.th.—Erastus Maxwell, Private Co. E, t;thU.S. Infantry, on the follow- ill., i-lim-ge and spfciti'-it'î! :

CHARciE ^JJf'serlion. SiixijiciittoH lu this, that he, Private Evastns Maxwell, Co. E, t'.th U.8.

lufantry, V)eing ilnly enlisted in the service of the Ignited States, did desert said service on or about the IDth day of July, 18()7, at Bi<^ Sandy Creek, C. N., and did remain absent until he surrendered himself on the •i7th of July, 1«(;7.

All this at the Camp of a Battalion of the (ith U.S. Infantry, near BIL; Sandy Creek, C. N., I. T., on or about the dates above specitied.

To the specitication. ... Xitl Guillfi. To the charge, .... Xot >i>iiHy.

FINDINO.

()f the specitication, '''('".•/■ excepting the words, "desert said service," substituting therefor the words, absent himself from his company and camp without authority, and excepting the date, i^-iVth July, 18(17.) substituting therefor the date •2()th July, 18G7.

t )f the charge, \<>( (ridllji. but guilty of absence without lea\c.

SENTENCE.

L'o forfeit to the United States sixteen dollars {sH): of his monthly pay for one (1) month, and to be confined in charge of tlu' guard for thirty (:>(); days.

7th. John liaker, Private Co. 1). lOth U. S. (Cavalry, >m thr following charge and specifii-ation:

CHARGE—ir/-o/i;//'((/,')/ iHsjt(>siiif <rorertniit'iii iinniviiij.

Si>ir\ficni\(m l\i. this, that he. the said Private John Baker, Co. Y>, lOth U. S. Cavalry, a duly enlisted soldier of the Ihiited States, did. (m or about the •28th day of July, 18('.7, sell or otherwise dispose of to one Jeffrey Fair, a citizen of the Chicasaw Nation, Indian Territory, a tlannrl sack c-oat or lilouse, the property of the United States, of the value ol four dollars, having been previously-warned that there existed express orders against the same.

.\ll this at Fort Arbuckle. I. T., (Ui or about the 28th day of July. 1H(',7.

PLEA.

'To the speciticatitni. ........ lii'iltij. To the charge, liu'iiiij.

FINDIXfi.

Of the specificaticni <!iuUij. Of the charge, (i'l'ilfij.

SENTENCE,

To forfeit to the United States four dollars (S4) (>f his monthly pay, and to be couiined at hard labor for ten (10) days, carrying a weight of 40 lbs. every day tor the same period, from Reveille to Retreat, allowiuu

one-half hour for eai-h meal.

8th.—James Ransom, Private (^>. I> inili U. S. Cavalry, on tlu- follow- ing charge and specification:

%

\t

•>

CHARGE—Midinous ecnnfuii, to the prejudhe of ijood order and inUHnri' discipline.

Specification—In this, tlitit he, the said Jiinies Ransom, Private Vo. I). lOth U. S. Cavalry, a duly enlisted soldier of the United SUites, did, on or about the 25th day ofJuly, 18f)7, use the Ibllowinf^ language to a sentinel at post, and in charge of a prisoner, viz : •• Allan Black, throw down that rock and jiick up another and break the sentinels head,'' and did theri- npon lift up a loaded carbine and draw it upon the sentinel, retiring al>out 20 paces said, "if you don't watch nie young man. I'll go through you," oi words t<i that ettect.

All this at or near Fort Arbuckle. I. T., (ui oi ab<»ut th ■ 25th dav ot .fuly. 18(57.

'IH

Ik

Oi the specitic^ition. Of the charge.

Po the specitication. ........ Sol (hdlty. To the charge AV./ GuHt'y.

F1N1)IN<1.

<TuiHy. (hiiU'y.

SENTEN( E.

To forfeit U^ the United Stiites ten dollars (SKd of his monthly pay foi two (2) months, and to be c<mlined in charge of the guard for thi ty (^30) days, carrying each alttrnate day from Reveille to Retreat, a weight of 4(i lbs. allowing one-half an hour for eacli meal.

II. . . .In the cases of Privates (ieorge Davidson, ("o. F. A\illiam Wood- ward Co. K. Robert Moore. Co. F, an<I William Wright, Josejih S.ger and Erastus Maxwell, of Co. E. all of the «th U. S. Infantry, the proceedings are approved. The findings are disapproved. The evidence in each

case dearly sustains the charge of desertion. The presence of danger at the post of a soldier, in whatsoever form it may appear, can attbrd him no excuse for deserting the same. The sentences, that they may not wholly escape the punishment merited, are continued, and will be duly executed.

The proceedings and findings in the cases of Privates John Baker and .lames Ransom, of To. I). lOth T'. S. ('avalry, are approved. The sen- t+'nces are <-ontiniied and will be duly executed.

III.. . .The (General Court Martial of which Captain J. W. Walsh, lOtL r. S. Cavalry, is President, is dissolved.

By c<unmand of lirev.t Major (xeneral A. J. SMITH :

CHAUNCEY McKEEVER, Assistant Adixdanl General

/^Ma/'< ^^(^ Assistant Adjutniti General.

I'ji i'4

,.:i , lym. IE

•>

a

G. C. M.

1. Ciiptain Janit-s R. Ktiuble. M V. S. (^aviiliA.

H?:ADQTTARTERR DEPARTMENT (W THE MISSOURI. FORT LEAVENWOISTH. KANSAS. Dec. .">. 18fi7.

(iENEKAr. ()K1>KRS, i

No. ao. f

I.. . .Hefort' a GeuirnJ (Oiut Martial which coiivciuil at Fuit Tiiidu, N.

M.. Au^tist 17th, 18<!7, pnisnaiit to Special Orders No. 160, Jnly '2(i, ISCT. Special Orders No. 5, July '2H, lH(i7, and S{>eVial OnUrs No. 18, October 2. 1H(J7, from these Head<iuartt'rs. and of which Brevet Ihi^'adier Geucr;;! H. S. ROBERTS, Lieutenant Colonel ."{d I'. S. Cavalry, is rnsidcnt. wn- arraigned and trie<i:

Captniu James R. Ktinhle. 3d V. S. Cavalry, on the following char^,'c'^.

CHAKOE Ist-Jin(irfi t>t' nrrist.

CHAIUSE 2d- <hn(liii-t la the irffjudice of //(>(«/ onlrr uml niililtirt/ tlisi'tpHv'.

To which char^'es and their specifications the accused i)U:ided .Vo^ Onilh .

KINDINCi.

Of the charges and their specifications, .... Xnl (Jdillt,. .\.nd the Court does therefore acijuit him, (^ai)tain James R. Kendih

:«d U. S. Cavalry.

II... .The proceedings and findings in the foregoing case of Captaii. James R. Kenible, :W U. S. Cavalry, are approved. He will he released

from arrest and retimied to duty.

By pommand'of Brevet MA.IOK (iEVKRAi. A. J. SMITH :

CHAUNCEY MCKEEVER,

Assistant Adjutant Geiicral.

OFIICIAI, :

Q Qi Old

O. C. M.

• >

1. .Ificiiiiiih Svuiiut-U. Private Co. (', oth U. S. lufiuitrv. ■2. 'rhoums Meef^'Mii, Private Co. C, 5th U. S. Infantry. :{. Casjur Ho(leii]>ack. Pnvati ("o. C. 5th U. S. Inliintry.

-♦♦♦-

HEADCiUAKTEKS DEPAKTMENT OF THE MLSSOUlil,

FORT LKAVKNWORTH. KANSAS. Dec. V). ]Hfi7.

(TKNEKAI, ORDKPS. I

No. :U. \

I. . . .Kc'tbre a General Court Martial which convened at Fort Union, N.

M.. Auf^ust 17th, 18*)7, pursuant to Sjjecial Orders No. 1«(), July •2(i. 18fi7. Special Orders No. 5. July 2(i, 1H(;7, and Special Orders No. 18, October 2, lHf')7. from these Headquarters, and of whidi Krevet Brigadier General B. S. HoBEUTs, Lieutenant Colonel 'M C. arraigned and tried :

1st. Jeremiah Scannell. Private Co. C lowing charge and specification :

CHAIMJK S'ffjihui Sp>-ciJ\c<itiiiii In this, that Private Jeremiah Scannell, Co. C, 5th In-

fantry. U. S. A., having been duly posted as a sentinel, was found asleep on his post, between the hours of VI and 1 A. M., when visited by the offi- <er of the day.

This at Fort \VniL;ate. N. M.. on or about the 11th of July, 18()7.

S. <^avalr>', is President, were

5th ['. S. Infantry, on the fol-

To the spec-itication. To the charge,

\(,t lixUty. \<,t iinUiy.

Of the s))ecitication. Of the charge.

, liiiHty.

SENTENCK.

To forfeit all pay and allowances that are now or may become due him, except the just dies of the laundress and sutler, and to serve the balance of his enlistment at hard labor iu charge of the guard, at the post where his company may be serving ; to wear a ball and chain, the ball not to weigh less than thirty pounds, and to V>e dishonorably discharged the

service at the expiration of his terra of enlistment.

•2d. Thomas Meegan, Private Co. C, 5th U. S, Infantry, on the following charge and sj)ecilication :

CHAK<JE— ViiiUiUoii (if Ihf 4()//( Article of War.

Sl>eritirti(i()n-'Iu this, that Private Thomas Meegan, of Co. C, 5th In- fantry, U. S. Army, a member of the garrison guard, and properly posted as a sentinel, was found asleep on said post.

This at Fort Wingate. N. M.. on or about the IHth day of May. 1867.

!!

11

II

To the speeiticatiou, \ot Guiliq. To the charge, Not Guilty.

FINDING.

Of the speiaticatiou Guilty. Of the charge (Tidlty.

SKNTENC:E.

To forfeit all pay and allowances that are now or may become dnt- hiui. except the just dues of the laundress and svitler, and to serve the balance of his enlistment at hard labor in charge of guard, at the post where his company may be serving ; to wear a ball and chain, the ball not to weigh less than thirty pounds, and to be dishonorably discharged the service at the expiration of his term of enlistment.

:5d.—Casper Rodenback, Private Co. C. 5th V. S. Infantry, on the following charge and specifications :

CHARGE—Conduct to the prejudice (if good order itrtd military dlxcipti)ie. Specification Lit—In this, that Private Casper Kodenback, Co. C, 'Ah U.

S. Infantry, did become so much under the influence of liquor as to be noisy and quarrelsome in the quarters of his compaav.

This at Fort Wingate, N. M., on or about the 12th'day of July, 1807. Specifcalion 2(? -In this, that Private (Jasper Rodenback. Co. C, 5th V.

S. Infantry, did assault and stab with a knife, and wound Private Philip Martin, of Co. C, 5fh Inlantrv.

This at Fort Wingate, N. M.. on .n- about the 12th day of July. 1867.

l-I.KA.

To the 1st specification, Not Guilty. To the 2d specification .Vo^ Guiltif. To the charge Sot (inily.

EINDINfi.

Of the 1st specification, ........ Wnilly. Of the 2d specification, ..... .\o/ Guilty. Of the charge, . (luil'y.

SKNTKNCE.

To !i stoppage often (10) dollars a month of his monthly pay for three (3) months, and to be confined under guard at the post where his company may be serving, at hard laJior for three (H) months.

11. . .The ])roceedings and findings in the cases of Privates Jeremiah

Scannell, Thomas Meegan and Casper Rodenback. of Co. C. 5th U. S. In- fantry, are approved. The sentences are confirmed and will be duly car-

ried into effect.

By ctmimaufl of Brevet M.\.IOK (IENKRAL A. J. SMITH :

(^HAUNCEY McKEEVER. .l.^.ii.'<tant Adjutant General.

l)KKic;t.\i. :

G. C. M

Thomas Miisoii, Private Co. D, 3il U. S. Cavalry. John Naf,'le, Cori^oral Co. C, 5th U. S. Infantry. Daniel Johnson, Private Co. C, 125th U. S. C. Troops. Henry llally, Private Co. C, 125th U. S. C. Troops.

• 'i

HEADQUARTERS DEPARTxMENT OF THE MISSOURI,

FORT LEAVENWOKTH, KANSAS, Decenibev 1), 18<')7.

(TENERAL ORDERS,

No. :i2.

I. . . .Before a (leneral Court Martial which convened at Fort Union. \. M., August 17, 1867, pursuant to Special Orders No ICO, July2<;. 1H(;7. Special Orders No. 5, July 2(i, 18(57, and Special Orders No. 18, October 2, 1867, from these Headquarters, and of which Brevet Brigadier General B. S. ROBERTS, Lieutenant ('olonel :{d U. S. Cavalry, is President, wen- arraigned and tried :

1st.- Thomas Mason, Private Co. D, 'M\ U. S. Cavalry, on the lollownig charges and specifications :

CHARGE 1st—ViohitUm of Vie 45^// Aiiicle of Wnr. SjyoriiiciiUiDi \\\ this, that Thomas Mason, a Private of Co. D, ;^d U. S.

(,'avalry, did becojne so drunk as to be totally unable to perform his duty as a st)ldier while on a scout after Indians.

This on or about the 5th day of Septend)er, 1867, between Plum Creek and Johnson's Ranche, N. M.

CHARGE 2d—(hndud to the prejudice (f ijooil order ami inlVdnrij dhcipl'ute. Specificfdion—In this, that he, the said Thomas Mason, a Private of Co.

D, 3d U. S. Cavalry, being at the time on a scout, did say: "from the Lieutenant down may kiss my ass," or words to that effect.

This on or about the 5th day of Sei)tend>er, 1867, between Plum Creek and Jt)hnson'8 Ranche, N. M.

PLEA.

.\ot Guillif. . Not Guilty. Not GiiiUy. Not Guilty.

[The Court decided not to try the prisoner on the 2d c-harge and specification, on account of the looseness and vagueness of the specification. ]

To the specification 1st charge. To the 1st charge. To the specification 2d charge. To the 2d charge.

Of the specification 1st charge, Gndty. Of the 1st charge, ^"'%-

SENTENCE.

To be confined at hard labor in charge of a guard at the post where his company may be stationed, for a period of four (4) months, and to forfeit

from his monthly pay ten (10) dollars per month for the same period.

i i

2

2d. -John Nagle, Corpoml Co. C, 5th U. 8. iufantry, on the f()lU)win^ charges and specifications :

CHAR(JE 1st— V'lohd'ion of the Wi Aiiicle of Writ:

Specijicaiion-In this, that he, Corporal John Na^le, of Co. C, 5th U. S. Infantry, being Corporal of the garrison guard, and present at a mutiny. did fail to do his utmost to suppress the same.

This at Fort Wingate, N. M., on or about the flth day of August, 18('>7.

CHARGE '2d—Xe<ileci of duty. Specification - In this, that he, Corporal John Nagle, of Co. C, 5th U. S.

Infantry, being Corporal of the garrison guard, did fail to use his authority when ordered by his superior officer, 2d Lieutenant JosejA J. Eunis, M r. S. Cavalry, to suppress a mutiny.

This at Fort Wingate, N. M., oii <.r about the «!th day of August, 18(;7.

PLEA.

To the specitication 1st charge, Xoi Guilti/. To the 1st charge, Not Guiitt/. To the specitication 2d charge, Not Gnilti^. To the 2d charge, Not Guilty.

FINDINt;.

t)f the specification 1st charge, Not Guiltij. Of the 1st charge, Not Guilty. Of the specification 2d charge Not Guiltt/. ()f the 2d charge, Not Guilty.


od. -Daniel Johnson, Private Co. C, TiSth U. S. Colored Troops, on the following charges and specifications :

CHARGE lai—Bi.'iobedience of orders.

Specificdtioii In this, that the said Daniel Johnson, Private Co. C, 125th r. S. Ct)lored Troops, when ordered by the officer of the day, 1st Lieut. James M. Kerr, 125th IT. S. Colored Troops, he being in the execution of his office, to give up his pistol, did refuse to obey said order, and did say : "I have no pistol," or words to the same intent and meaning, and stepped back placing his hand to his pistol and attempted to draw it, when he was prevented by force.

This at Fort Craig, N. M., on or about the 28th day of June, 18G7.

CHARGE 2d—Conduct to the prejudice of (jood order and military discipline. Specification—In this, that the said Daniel Johnson, Private Co. C, 125th

U. S. Colored Troops, when placed in arrest by the officer of the day, 1st Lieirt. James M. Kerr, 125th Colored Troops, he being in the execution of his office, did break away and rvin, making his escape.

This at Fort Craig, N. M., on or abt)ut the 28th day of June, 1867.

PLEA.

To the specification 1st charge, Not Guilty. To the 1st charge, Not (hdlty. To the specification 2d charge, , Not Guilty. To the 2d charge, Not Guilty.

FINDING. Of the specification 1st charge, Guilty. Of the 1st charge, Guilty. Of the sj^ecification 2d charge, OuUty. 0{ the 2d charge Gv.Hty

3

• I

SENTENCK.

To forfeit all pay and alloM-ances that are or may become due him, except the just dues of the laundiess and sutler, and to be dishonorably discharged the service at the expiration of his term of enlistment.

4th.—Henry Kally, Private Co. C, 125th U. S. Colored Troops, on th( following' charge and specification :

CMXHGK—SkepuKj <>u post. Specification -In this, that Private Henry Rally, Co. C, 125th U. S. Col-

ored Troops, having been duly posted as a sentinel, Mas found asleep on his post between the hours of 11 and 12 o'clock, on the night of the 14th day of Augvist, 1807, when visited by the officer of the day and the sergeant of the guard.

This at Fort Craig, N. M.

PI-EA.

To the specification, Not Guilty. To the charge, Not Ouilti/.

FINDINCl.

Of the specification G-uilly. except the words, "when visited by the officer of the day and the sergeant of the guard."

Of the charge, Gnilty.

SENTENCE.

To forfeit all pay and allowances that are now due or may become dut him, except the just dues of the laundress and sutler, and to be dishonorably discharged the service at the exjiiration of the term of his enlistment.

II.... In the case ot Private Thomas Mason, Co. D, :id U. S. Cavalry, the proceedings and findings arc approved. The sentence is confirmed

and will be duly carried into effect. The proceedings and findings in the case of Corporal John Nagle, Co.C.

5th U. S. Infantry, are approved. He will be released from an-est and re-

turned to duty. In the case of Private Daniel Johnson, Co. C, 125th U. S. Colored Troops,

the proceedings and findings are approved. So much of the sentence as imposes the forfeiture t)f all pay and allowances now due is confirmed and will be duly carried into effect. The remainder of the sentence is disapproved. He will be released from confinement and returned to duty.

In the case of Private Henry Rally, Co. C. 125th U. S. Cokired Troops, the proceedings, findings and sentence are disapproved. The Court finds the accused guilty of an offence committed at a time other than that laid m the specification. He will be relea.sed from confinement and returned

to duty.

By command of Brevet M.^.TOK GENEE.\L A. J. SMITH :

CHAUNCEY McKEEVER, Assistant Adjutant (reneral.

< )FFICI.\L :

Jm I

(T. C. :\\

J 1. ■)o\m Howxe.v, Pnviitc Co. H, 7tli V. S. ('iiviiliT. ■2. Jolm Powers, Privivte Co. M, 7th U. S. Cavalry. :'.. Willimu. Riley. Pnviit(i Co. H, 7th U. S. (kvali-y. I. Patrick Flood. Private (!o. D, M V. S. Cavalry.

—♦♦♦-

HEADQUARTEUS DEPARTMENT OF THE MISSOIUI.

Four I;KAVKN\VORTH. K A NSAS. 1 )("C(1||1 icr '.iH, 18(i7.

(;i:Ni;itAi, OnDEns. .

No. :$."). I

1 ... Before a (n'ueral ('oint Martial vvhicli con veiled at Fort Marker, Kansas, December (i, lH(i7, pursuant to Special Orders No. (i4. 2d series of 1S()7, from these Headcpiarters, and of which Brevet Lieutenant Colonel T. W. BENTKKN, Captain 7th V. S. Cavalry, is President, were arraigned :uid tried :

1st, John Howxey, Private Co. H. 7tli U. S. Cavalry, on the following,' cliarge and specitications :

CHAKOE (hnihii'1 prejniUcinl ID IJIKKI unhr ami iiiUitnri/disripHne. Sperificntioii Iv/ In this, that he. Private John Howxey, Co. H, 7th V.

S. Cavalry, did take from the picket line of t'ompany, one liorse, the jjrop- crty of the (Tiiited States, and for wliieh Brevet Lieutenant Colonel T, W. Jienteen. is accountable ; and di<l proceed to the Town of Fort Hays, Kan- sas, and sell 'U' lose ;;aid horse, thereby occasioning to the (Tovernment of the I'nited States the loss of one hoi-se, saddle, luidle, saddle-l)lanket and halter.

This in cam]), near Fort ){ays, Kansas, on or about the 17th dav of October, 18(;7.

Spefificdtinti 2(1 In this, that he. Private -folm Howxey, ('o. H, 7tli Cavalry, having been duly detailed for guard, did leave guard-house at Fort Harker. Kansas, without permission, and become so intoxicated as to unfit him for duty.

This at Fort Harker. Kansas, on orabouttlie 14th day of November, 18H7.

To the 1st specitication. To the •2d specification. To the charge.

.Vo/ (J-uiltj/.

.Vo/ Ouilty. \(>t OwJUi.

()f the 1st speciticatiou (riiUty. ()f the 2d specification (hiUty. ()f the charge ihiUiij.

SENTKNCE.

To make good to the United States the value of one horse and equip-

ments, ami to l>e confined in charge of the guard at the station of his com-

pany, for three calendar months.

11

•Jd.- .Jolii) P()^v^■ls. rii\att' Cci. M. 7th (.'iivahy. mi tlu- followiii^ charge ami sptH-ificatious :

VHXHG'E- (hmliK-l pri'/itdicidl to ijood imlcr (did inilildrij (jlsclprme. Sperifi(xdi,on Isi — ln this, that he, the .sai<l Privato .Tohii Powers, of Co.

M. 7tli Cavalry, was drunk aud disorderly in the company quarters, on or ahout the lOtli day of November. 1867.

Specification 2d—hi this, that he, the .said Private -lohn Powers. t)f Co. M, 7th Cavalry, was absent Irom his company and reîmeut withoirt leave from proper authority, from tlic morninj,'ol the 17th day of November, I8(i7, until the afternoon of the 19th day of Novrniber, 1S()7.

All this at Fort Marker. Kansas, on or !d)ou) the dates above spc'citied.

1st speciticatioii •2d specification chai'''e.

G nil 11/. Gu.iiii/. iluiliii.

Of the 1st specification. Of the 2d speciticatioii. ()f the charge.

(iiulti/. Uniliii. Guilt]/.

sKXTIONfi;.

To be confined at laud laiior in char;.;*'of the jûard for the ]jeriod of one mouth, and to forfeit to the United States the sum often (li>llars of

his monthly pay tor same jieriod.

'M\. William Kili'y, Private Co. II. 7th Cavalry, on the followin;.;-eharye and si)ecification :

CHARGE - SlecpiiKj on pusl, in ciohdhm af tliv A^MIi Articli of Wdr.

Specijicrdion -That William Riley, Private (ô. H, 7th Cavalry, having' been duly posted as a sentinel was found was found aslec]) upon his post, at the hour of 12, midni^dit. when visited by the officer of t\w day and Sergeant of the guard, in making the grand-rounds.

This at cami> of detachment of 7tli T'. S. Cavalrv, near Fort Ha\s, Kansn-^. ()ctober 29. 1867.

To the speciiicafioi To the charge.

Giddij. (ruilti/.

of the specification, ......... Gidlt;/. ()f the charge. .......... Gnilti/.

SENTENCK.

To be contined at hard labor in char,.,e of the guard for one month, and to forfeit to the United States six dollars of his monthly ])ay for the same period.

II....The proceedings and findings in the cases of Privates John Howxey, Co. H, and John Powers, Co. M. 7th U. S. Cavalry, are appioved. The sentences aie confirmed and will be dnlv carried into t'ftect.

^

iu tlie fiisc of i'rivatt- Williiim lliley. Co. H, TthCiiviilrv, the pj'oct'tdings and iiiuliiif^'s arc approved. The sentence, although eniiiely too light fov so grave an offence, is (Kmtirnied and will he duly executed.

Iir. . . Before a General (.'ourt Martial which convened at Fort Union. N. M.. August 17, 18(i7. pursuant to Special Orders No, 100, July 2(i. 18(;7. Special Orders No. ',, July -JC, 18l')7, and Special Orders No. 18. Octoher "2, 18f;7. from these Head<juarters. and of which Brevet Brigadier General B. S. KOBKKTS, Lieutenant Colonel 8d I'. S. Cavalry, is President, was arraigned and tried :

4th Private Patrick Flood. Co. ]). ltd V. S. ( avaliy. on thr following charge and specification :

CHARUK ('■oiulncl prfjuiUciul la (jaoil ordrr and iiiiHI((rj/ </(.S<'//////H-.

Spcclfiaiiioii- hi this, that he, Pinvate Patrick Flood, of Co, D, 3d I'. S. ('avalvy. did assault and strike Sergeant Ernest Kleen, of Co, D, 3d regiment I'. S. Cavalry, and did <'nt the said Sergeant Kleen. (!o. D, 3d I'. S. tJavalry. on tin- In ad and face Avith a curry conib. tlie said Seigeant Kleen heing at the time iu the execution of his diitA*.

This at Foit riiion, N. M.. on or ahout the 17th ilav of August. ISIu.

m)

To the specification To the chart'c. Xnt (hnU'ij.

I 1MP1N(..

()f the specification GuUty of striking Seigeant Kleen. 3d T. S. Cavah\. hut Not Guilty of an assault, and attach no criminality thereto, as the striking was in self defence, against an assault made hy the said Sergeant Kleen. 3d I'. S. Cavalry. And the Court does theref ire acquit tie- said Private Patviek Flood. Co.

1). 3(1 r. S. Cavalry.

IV,,..The proceedings and findings in the case of Private Patiick Flood. Co. D, 3d U. S. Cavalry, are approved. He will he released from

confinement and returned to duty.

Bv command

OFFICI.^I. :

Bnvet M.\.Toi{ GKNK];.\I, A. -1. SMITH :

CHAUNCEY McKEEVEK, Assiskmt Adjvtnvt OenemL

Activjj Assifiimd Adjuhnit Geverai.

Ill

G. C. M.

1. Edward ConitU, Piividt- Vo. A, 7th T^ S. Cavalry, •i. Nathan Albnrger, Private ('o. ]), 7th U. S. ('avalrv. 3. John (^oughlin, Private Co. D, 7th TJ. S. Cavahy. i. George Washington. Private Co. K, ;{d U. S. Infantry. 5. Alexander Travis. Private Battery B, 4th U. S. Artillery. (). Michael McGoorden, Private Co. K, 7th U. S. Cavalry. 7. Charles Barnes, Private Co. K, 7th U. S. Cavalry, 8. Charles Henke. Piivate Co. K. 7th U. S. Cavalry. '.). Simon C. CnniniinL's. Private C<' " '^^'i U. S. Cavalry.

10. Charles O'Brien. Pi-ivate Co. V, 7th U. S. C'avalry. 11. George H. Knight, Sergeant Co. F, 7th U. S. Cavalry. 1-2. .fames K. White. Private Co. F, 7th U. S. Cavalry. IM. ,lnhn Cnrtis, Sergeant Co. E. 7th U. S. Cavalry. a

m

HKADQUAirrKRS DEPARTMENT <JF THE MlHSOUltl.

FoKT IJKAVENWORTH, KANSAS, Dec. "28, 1867.

GKNKKAI, OUI>KKS, i

No. 3«.

1. . . .Before a General Conrt Martial \vhi<'h convened at Fort Leaven- worth, Kansas, November 30. 18(>7, pursuant to Special Orders No. 01. •2d series of 18(57, from these Headquarters, and of which Brevet Major (ieneral ALFRED GIBBS, Major 7th U. S. Cavalry, is President, were

arraigned and tried :

1st. Edward (Cornell, Piivate Co. A, 7th V. S. Cavalry, on the following charges and specifications:

<^HAR<iE 1st- I)iu)iken7>e}<.s on duly. SfHirijivation In this, that he. Private Edward Cornell, Co. A, 7th Cav-

alry, having been properly detailed as a member of the stable guard of of Co. A, 7th Cavahy, did become so drunk as to be incapable of performing the duties of a soldier.

All this near Fort McPherson. Nebraska, on or about the 17th day of June. 1867.

2

CHAIUJE 2(1—Absviicc iritliind h'uve.

Spec[ficaii(»t In this, that he, Private Edward Cornell, Co. A, 7th Cav- iry, did absent hiniseif without proper permission, from his company. 1 portion of his company, with which he was serving, and remained ab- nt until apprehended. All this near Fort MePherson, Nebr.iska, on or about Jane 17, 18()7.

CHAHGE 3d—('oiidnrt prcjinVr'hd lo ;/(>o(/ order and miUtitry discipliuc.

Specification - In this, that he. Private Edward Cornell, Co. A, 7th Cav- Iry, did sell, lose by neglect, or otherwise dispose ot one government

liorse. one saddle and one bridle, value unknown. All this near Fort McPiierson. Nebraska, June 17, 1H.()7.

ADDITIONAL CHARGE.

Cn.vacir.—Desertion.

Specijic(dioii [n this, that he. Private Edward Cornell, of Co. A, 7ih V. S. Cavalry, having been duly enlisted in the service of the United States. did, on or about the 21st day of September, 18(57. while in Fort Harker. Kan.sas, desert from his comjiany and regiment.

All this at or near Fort Harker, Kansas, on or about the dates above specitied.

PLEA.

To the specification 1st charge, Not (Juilty. To the 1st charge, Not Guilty. To the specification 2d charge, Not Guilty. To the 2d charge, Not Gnilty. To the specification .3d charge, Not Gu'dty. To the 3d charge, Not Gu'dty. To the specification of the additional charge, Gaiily. To the additional charge, ." \ot Gu'dty.

FINDING.

()f the specification 1st charge, Guilty. < )f the 1st charge, Guilty. ()f the specification 2d charge, '. Not Guilty. ()f the 2d charge, Not Guilty. < )f the specification 3d charge, Gidlty.

except the word '• sell." Of the 3d charge, Gudty. < )f the specification of the additional charge, Guilty.

omitting the word "desert," and substituting the words "did absent himself without proper authority."

I )f the additional charge, Not Guilty. but guilty of "absence without leave."

SENTENCE.

To forfeit to the United States the sum of $1G5, the cost value of the horse lost by his neglect, and .1531,50 fur the saddle and bridle ; to forfeit live dollars of his monthly pay for six months, and to be confined for the same period at hard labor, breaking stone in front of the guard house.

2d. -Nathan Alburger, Private Co. D. 7th U. S. Cavalry, on the following charges and specifications:

8

CHAKGK iKt D^sediHi) liis [.osl ii-hlk- I,H. .jnanl. SiMfiJictUnn—ln this, that he, Privuto Nathan Alburger, of Co. D, 7th

Cavahy, a duly enlisted man of the United States service, did desert his post while on stable guard, having been duly posted as a sentinel, between the hours of one and three p. M.

CHAUGE "id DeserUi)ii.

Spenfirdtion -In this, that \v\ Private Nathan Alburger, Co. D, 7tli Cavalry, a duly enlisted man of the U. S. service, did desert the service of the United States, and did rt mam absent until brought back by a patrol sent in pursuit of him.

All this at Cam]) between Platte Kiverand Sheep Creek, on or about the 7th dny of -Tnly. IS()7.

I'l.E.^.

To the specitication 1st charge W,/ Uniltii. To the 1st charge, Vo/ Guill'i/. To the spe;'itication 2d charge, Xot (inUiii. To the 2d charge, y„t GKilh/.

FINUIN(;.

Of the .specitication 1st charge, . Ao^ Guilfi/. ()f the 1st charge, . Xol GmiUj. Of the speciti(!ation 2d ehar|.;e Gidlli/. ()f the 2d ciiarge. . Gn'ilit/.

sE.STjAci;.

T'o torfeit all )iay and allowances that are or may become due hiin, except the just dues of the laundress ; to be contined at hard labor for one

year in charge of the guard, esich alternate month breaking stone in front of the guard hous(\ and wearing a ball weighing twenty-four pounds attached to his left leg by a cliiun four It < f loii". and to be dishonorably discharged from the service.

3d. John Coughliu, Private (o. 1). 7iii t . >. ( avaby. on the toUnwing charges and specitications:

("H.kiuiE 1st Ois(}heiHence of orders. Spi'ririciiHiiii In this, that he, the said Private John (^oughlin, Go. I).

7th Cavalry, when ordered by bis 1st Sergeant. H. M. Krnsie, to get himself ready for the afterni>on drill, did wilfully disoliey said orders by re- ]>lying back to said 1st Sergti'nt, " 1 won't, and not lor any one like you. uiitil I get ready !" or words to that ettect. .said 1st Sergeant. H. M. Krnsie. l)eing then i;i the execution of his duty.

This at Fort Harker, Kansas, on or about the 2'.)th day of t)ctober. 1807.

CHAKUE 2d GiDxhiH pn-jiuVic'i'd lo ijood order (t»d mUitarfj discipline.

Speriti('(dioii Isl Tn this, that he. the said Private John Coughlin, Co. 1). 7th'ravalry, was so mnch under the influence of liquor as to be unable to perform his duties ot a soldier prt>perly.

Sperifiaition 2d- In this, that he, the said Private John CoughUn, Co. I). 7th"Cavalry, when ordered and taken to the guard house by Sergeant

■h Kilcovne, of same compaiiv and regiment, did use insolent and abusive language, saving. "I will shoot the son of a bitch." meaning 1st Sergeant Krnsie, ■■wh'en I get released." or words to that eftect, and did resist the Sergeant in taking him to the guard house, until Sergeant Kilcoyne had to use force, the said Sergeant then being in the discharge of his duties.

4

SpecijiMition 3J lu this, that he, the .said Private John Coii<j;hliu, Co. i), 7th Cavahy, wlieu taken to the guard house by Sergeant Kilcoyne, did SUV to him, •' I have my opinion of you," and made threats of .shooting said Sergeant.

All this at Fort Harker, Kansas, on or about the '29th dav of October. ]H<;7.

VL.EA.

'I'o the specification 1st charge, (hiilh^. To the 1 st charge, Guilly. To tlie l.st specification 2d charge, (jhiUiy. To the 2d specititration 2d charge, \oi Gidlt}/. To the 3d sjjecification 2d charge, Xot GaiHy. To the 2d charge. Nnl Gnlify.

FINDING.

Of the specification 1st charge, GuiUy. Of the 1st charge, Guilty. Of the 1st specitication 2d charge, Guilty. Of the 2d specitication 2d cliarge, Guilty.

except the words " I will shoot the son of a bitch." Of the 3d specitication 2d charge ^ Not Guilty. Of the 2d charge, Gtiilty.

SENTENCE.

To forfeit to the l-nited States the sum ot five dollars of his monthly pa.\ for two months, and to be ctmfined for the same period under charge of the guard, at such post at which his company may be stationed.

4th.—George Washington, Private Co. K, 3d I^. S. Infantry, on the following charge and specitication :

CHAKGE—Sleepiny upon his post. Specificdfion -In this, that he. Private George Washington, Co. K, 3d

(i. S. Infantry, after having been duly detailed as a member of the guard, and posted as a sentinel in the camp of a detachment of Co. K, 3d U. S. Infantry, on duty as escort to the Delaware Indian agent, was found sleeping upon his post.

This on the morning f)f December 10. 1807, at the Delaware Indian Keservation, Kansas.

PT.EA.

To the specitication, . . . ..... Guilty. I'o the charge, . . Guilly.

FINDING.

< )f the .specification, confirms his plea and finds him, Guilty. Of the charge, confirms his plea and finds him, Guilty.

SENTENCE.

To walk a ring twenty feet in diameter in front of the guard, from Keveille until Iletreat, on each alternate day for one month, allowing one liour for meals ; the alternate days (except Sundays) to break .stone in front of the guard-house for the same period, and same time for meals : to forfeit to the United States ten dollars (SIO) of his monthly pay for five

(o) months, and to })e returned to duty.

5

oth. Alexander Travis, Priviitu }5atttiv 1!. 4tli l'. S. Aitillcrv. on tlu following; charj^c^ and spt'citication :

('H.\K(}K Jksfiih>ii. Specijicadoi, In this, that he, the said Private Alexander Travis, IJattery

Jl 1th Artillery, a duly enlisted soldier in the service of the United States, did desert said service on or about the l-2th day of Hepteniher. 18()7, and remain absent therefrom until the 14th day of September, 1867, when he was arrested and returned to his company! $30 reward was paid for his ap]>rehension. ''

This at Fort Harker. Kansas, on or about the dates above si)ecitie(l.

PI.EA.

To the specilication, ......... Guilty. To the charfi;e GuiHji.

FIN]>IN(i.

Of the specilication, contirms his plea and tinds him. Guilty. Of the charije. confirms his j)lea and tinds hin) Guilty.

SENTENCE.

To forfeit all pay and allowances that are or may become due him, exctpi the just dnes of the laundress; to be ccmtined under charp;e of the guard for one year, and the time lost by desertion (2 days) at hard labor, with a twenty-four pound ball attached to his left leg, by a chain tour feet hmg. iind to be dishonorably discharged from the service.

()th. Michael McGoorden, Private Co. K. 7th W. S. Cavalry, on the following charge and specilication :

CHAKGE—SIcfpiiKj oil post. SifcelfivatlMi In this, that he, Private Michael McGoorden, a duly en-

listed soldier in the service of the United States, having been duly posted as a sentinel over the herd of Trooj) K. 7th Cavalry, did, while on said jiost, fall asleep, and was found in this condition by the officer of the day.

This at or near camp of the 7th Cavalry, near Fort Wallace, Kansas, on or abont the 18th day of July, 1867.

PLEA.

To the specification, Not Guilty. To the charge, Not Gvilty.

FINDING.

< )f the specification Guilty. ()f the charge Guilty.

SENTENCE.

To walk a ring twenty feet in diameter, in front of the guard, from Keveille until Retreat, on each alternate day for one month, allowing an hour for meals ; the alternate days (except Sundays) to break stone in front of the guard-house for the same period, and the same time for meals. To forfeit to the United States ten dollars ($10) of his monthly pay for

five months, and to be returned to duty.

7th. Charleis Baiiies, Private nil,' charj^e and Kpecificatioii :

(.'.). K. 7tli TI. S. Cavah-v. ..ii tli,' fi)ll(.

C^HAKGE DfSCiiiOH.

Sjjpcijjcidion III this, that he, Private Charles Barnes. Co. K, 7th Cav- ahy, a duly enlisted soldier in the United States service, did desert from his company on or about the ;50th day of November, 18(57, and did remain absent until the 3d day of December, 18(i7.

All tliis at or near Fort Leaven worth, Kansas.

PLK.V.

To the siieciticatioii. Xot (inUiij. To the charge, \ai OiiUf,/.

FINDING.

I )f the specification, (jiiHIii, omitting the word ••desert," and sabstitin<j;the words ■-absent himself "

()f the charge, Xol (hi'ilhj of desertion, but gnilty of absence withont leave.

SENTENCK.

To be confined at hard labor in charge of the guard for the period of ■ lie month, and to forfeit to the United States the sum of ten dollars of

liis monthly jmy for the sanu; ])oiiod.

«th. -Cliarles Heuke, Private ('< •liarge and specification :

K, 7th V. S. Cavalry, on tlie follMV, iug

('HAI!(iK Ihsn-tlOll

Si,fcifi<-(it!i>n In this, that he. Private Charles Heiike, Co. K. 7th CA\-

alry, having been duly enlisted as a soldier in the service of the United States, did desert the same at or near Fort Hays. Kansas, on or abont the •iOtli day of May, 1867, and did remain absent until he voluntarily surrendered himself to 1st Lieutenant (Jeorge J. Madden, 23th IT. S. Infantry, Regimental Adjutant, at or near Memphis. Tennesse(\ on or aliouf tlie 'iHth day of September. 18fi7.

To the specification.. To the charge

a nil hi. (hiiii,!.

()f the specification, confirms his plea and finds him (riiilh/. Of the charge, confirms his plea and finds him ihiiJIi/.

SEXTEN(;E.

To forfeit to the United States all pay and allowances that are or may

become due him, except the just dues of the laundress, and to be confined at hard labor under charge of the guard for the period of one year, and the time lost by desertion, (131 days;) each alternate month, breaking stone in front of the guard-house, with a ball weighing twenty-four pounds attached to his left leg by a chain four feet long, and to be dishonoi'ably discharged the service.

I

ittli. Simou C. ("miiniings, Private Od. H. 7tli IT. S. Cavrthy, oiitlicfol- liiwing charge and specification :

CHAUGE -iJesirtioii. SpcrificaHDii -In this, that he, Private Simon C. Ciuiimiugs, Co. H, 7th

Cavahy, a duly enlisted soldier in the service of the United States, did absent hiniselt' from and des. rt siud service, at or near Fort Riley. Kan- sas, on or aliout the "iOtb day ol March, ]8()7, and did remain absent nntil apprehended and delivered at Indianapolis, Indiana, on or about the 9th dav "f( )<-tMb,i- 1S(;7.

To tin- spccinciiucin. To the charge

h'li'illi/.'

'•'lilf't/-:

I'lNDINCl. .

Of the specilicatioii. contii'iii.-. his plea iind finds liiiv (riuHi^. Of the charge, confirms his plea and finds him. . . ... linUly.

SENTENCK.

To forfeit all pay and allowances that are or may become due him, except the just dues of the laundress ; to V)e confined in charge of the guard at hard labor for one year, and the period lost by desertion, (237 days:> each alternate month breaking stone in front of the guard-house, wearing a ball weighing twenty-four pounds attached to his left leg by a chain four feet long, and to be dishonorably discharged the service.

lOth. Charles O'Brien, Piivatc Co. F, 7th V. S. Cavalry, on the following charges and specifications :

CH.^IUIE 1st Dn(iihe)iness on (hifi/, ii) rii)lai'niit of tin'\^)tli ArtU'lv of War.

Sperijicaiion—In this, that he. Private Charles OTkien, Troop F, 7th Cavalry, whilst on guard duty, did become intoxicated, liy the use of ar- dent spirits: so much so, that he was rendered incapable of performiiiL his duty.

All this at Fort Wallace. Kansas, on or about the 1st dav of Novembt i 1«G7.

CHARGE 2d -Strikimj a non-cowniisslouid opirer. Speeitir((fio)i~~In this, that the said Private Charles O'Brien, Troop i.

7th Cavalry, whilst on guard duty, did strike Sergeant T. G. Slark, Troop I. 7th Cavalry, whilst he Sergeant Slark, was hi the performance of his duty as sergeant of the guard.

All this at Fort Wallace, Kansas, on or about the 1st day November, 18('>7.

CHAIUIE 3d —CO«(/«(7 IO ihe prejudice of (jood order and mUHary disciplini. SpecificaiioH—In this, that the said Private Charles O'Brien. Troop F.

7tli Cavalry, did, when ordered by Sergeant T. G. Slark. Troop I, 7th Cav- alry, to return from the Barrack Room of F Trooj), 7fh Cavalry, to the guard (piarters, did follow said Sei-geant T. G. Slark into the mess-room of F Trooj), 7th Cavalry, and then in the presence of enlisted men of said F Troop, did strike said Sergeant T. G. Slark, he Sergeant T. G. Slark. being in the discharge-of his duty as sergeant of the guard.

All this at Fort Wallace, Kansas, on or about the 1st day of November. 18C.7.

To the speciticatioii 1st ohiirge. Not (Juilti/. To the Ist charge ^Vo< Guilty. T'o the specification 2(1 charge, Xot Guilty. To the M charge, Kot Guilty. To the specitication 3d charge, Not Guilly. To the 3(1 charge, Not Guilty.

Of" tlie Kpeciti(^ation 1st charge, Guiltii. 01 the 1st charge, Guilty. Of tile specitication 'id charge, Not Guilty. Of die -id charge .' Not Guilty. Of tile specitication 3(1 charge, Not G^iilty. ()f the 3d charge \<,t GniUy.

SKNTENC^K.

To be confined at hard labor in charge of the gnard for one month, cacli alternate day to walk a twenty foot ring in front of No. 1 post, (tarrying a log weighing twenty pounds on his shoulder from Reveille nntil Tattoo. alhiM'ing one hour for meals : on the alternate days, to break stontnn front of the guard-house for the same period, and the same time for meals, and to be returned t') dutv.

nth. George H. Knight, Sergeant ('o. F. 7th Cavalry, on the following charge and spf^cifications :

('H.vii(iK .V((//(<7 iffiliily.

Spn-ificution l.'il In this, that he, Sergeant (xeorge H. Knight, Co. F. 7th Cavalry, did, when sergeant in charge of the guard, allow to-esca]>c Private Charles B. Habangh, Co. D, 7tii Cavalry, a })ris(iner confided to his charge, and did not take propwr precautions to prevent the same.

This at camp, Co. F, 7th Cavalry, near ChapniaTi's Creek, Kansas, on the •21st day of Novinnber. 18<37.

Sfjerijieatioh 'M In this, that he, Sergeant George H. Knight, Co. F. 7th Cavalry, did, when seigeant of tin; guard, allow to escape, Piivate John H. Clements and Private William Goodman, Co. D, 7th Cavalry, two (2) j)risoners confided to his charge, and did not take proper precautions to prevent the same.

This at camp, Co. F. 7th Cavalry, near Tojieka, Kansas, on the 26th day lit November. 18(17.

PLE.\.

To the 1st specification \ot Guilty. To the 2d specification, Not Guilty. To the charge, Not Gnilly.

FINDING.

t >f the 1st specification Not Guilty. t )f the 2d specification, Not Guilty. < >f the charge, Not Guilty.

.Vnd the Court does therefore actjuit him.

12th.- James K. White, Private Co. F. 7th II S. Cavalry, r charge and specification :

>n the follow-

1

A^^. X

CHARGE—Deseriion. Spec'ificallon—In this, that he, Private Jiimes K. White, Co. F, 7tli Cav-

ahy, a duly euhsted soldier in the service of the United States, did absent hiiuselt Ironi, and desert the same, at Fo.t Ililey, Kansas, on or about the 13th day of September, 18G0, and did lemani absent till apprehended, on or about the 15th day of October, 18G7, at Lawrence, Marion County, Ind. S30 reward paid lor his apprehension.

PLEA.

To the specification, Chi'iUy. To the charge, Guilty.

FINDING.

Of the specification, confirms his plea and finds him Guilty. Of the charge, confirms his plea and finds him .. Guilty.

SENTENCE.

To forfeit all allowances that are or may become due him, except the just dues of the laundress : to be confined in charge of the guard at hard labor for one year, and the period lost by desertion, 397 days : each alternate month breakingstoueinfront of the guard-house, wearing a ball weighing twenty-four pounds, attached to his left leg by a chain four feet long, and to be dishonorably discharged from the service.

13th.—John Curtis, Sergeant Co. E,-7th U. S. Cavahy, on thefoUowing charges and specifications :

CHARGE 1st—Drunkenness. Specification—In this, that he, the said Sergeant John Curtis, Co E, 7th

Cavalry, having been regularly detailed and sent in command of a detachment of eiilisteil men of liis company to Leavenworth City, for the purpose of conducting several prisoners Irom there to Fort Leavenworth, Kansas, did become so drunk as to be unable to perform his duty.

All this at or near Fort Leavenworth Kansas, on or about the 5th day of f December, 18G7.

I CHARGE 2d—Offering violence to his superior officer,in violation of the 9th Ar- [

tide of War. j- Specijicatioii—In this, that he, the said Sergeant John Curtis, Co E, 7th

Cavalry, did draw a loaded pistol on 1st Lieut. Myles Moylan, Adjutant , 7th Cavalry, and did use threats in the following words: "Lieutenant, Ood damn you, I will blow your Goddamn brams out!" the said 1st Lieut. Myles Moylan, Adjutant 7th Cavalry, being in the execution of his office.

All this at Fort Leavenworth, Kansas, on or about the 5th day of De- cember. 1867.

PLEA.

To the specification 1st charge, Guilty. To the 1st cliarge, Gnill:/. To the specificatian 2d charge, JN'o< Guilty. To the 2d charge, Not Guilty.

FINDING.

Of the specification 1st charge, confirms his plea and finds him.... Guilty. Of the 1st charge, confirms his plea and finds him Guilty. Of the specification 2d charge, Guilty. Of the 2d charge, Guilty.

:i ur

- SENTKNCt. " ■

To be reduced to the ninks as a private soldier ; to be conliucd at hard labor in charge of the guard for cue year, wearing a ball and chain weighing twenty-four pounds attached to his left leg, breaking stone in front of

^ the guard-house from Keveille until Iietreat, allowing one hour for his meals, and to forfeit twelve dollars of his monthly pay lor the same period.

II. .. .In the cases of Privates Edward Cornell, of Co. A, Nathan Al- barger and Jaliu Cju^lilia, of Co. D, 76li U. S. Cavalry, George Wa.shing- ton, of Co. K, 3d U. S. Infantry, Alexiuider Travis, Battery B, 4th Artil- lerj', and Michael McGoordan, Co. K. 7th Cavaliy, the proceedings and findings are approved. The sentences are confirmed and will be duly carried into effect. The reviewing ollicor is of the opinion that the Court has been by far too lenient in awarding punishment in the cases of Privates Washington and McGoorden.

In the cases of Privates Charles Bai-nes and Charles Honke, of Co. K, and Simon C. Cummings, of Co. H, 7tli U. 8. Cavalry, the proceedings and findings are ap^jroved. The sentences are confirmed and will be duly carried into effect.

In the case of Private Charles O'Brien, Co. F, 7th U. S. Cavalry, the proceedings and findings are approved. The sentence substituting the M'oid Rjtreat for Tattoo, is coufirmsd and will be duly executed.

fl In the case o*" .f^^rgeant G3orge H. Knight, Co. F, 7th U. S. Cavalry, the proceec.i.igs and findings are apjiroved. He will be released from arrest and returned to duty.

In the cases of Private Jamos K. Wiiite, of Co. F, and Sergeant John Curtis, of Co. E, 7th U. S. C!avalry, the proceedings and findings are approved. The sentences are confirmed and will be carried into effect.

III. .. .The General Court Martial of which Brevet Major General ALFBED

GiBBS, Major 7th U. S. Cavalry, is President, is hereby dissolved.

By command of Brevet MAJOK GENBKAL A. J. SMITH :

CHAUNCEY McKEEVER, Assistant Adjutcmt Generctl.

OFFICIAL :

Adimj Assistant Adjutant General.

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General Court Martial Orders

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Transcript of General Court Martial Orders