CR J il 2 7 2 Duke University Libraries Communication f Conf Pam #404 MESSAGE OF THE 1 RESIDENT. Richmond, Va., Feb. 11, 1863. To the House of Represciilailves : I herewith transmit a communication from the Secretary of War, enclosing copies of the findings of a General Court Martial, in the cases of persons charged with desertion and absence without leave, being a response to your resolution of the 27th ult. JEFFERSON DAVIS. COMMUNICATION FROM SECRETARY OF WAR. Confederate States of America, ^ War Department, > Richmond, Va,, Feb. 9, 1863. ) His Excellency, The President: Sir : In response to a resolution of the House of Representatives, adopted on the 27th ultimo, I have the honor to enclose copies of the findings of the General Court Martial, held at Headquarters, Rich- mond, for the month of January, in the cases of persons charged with desertion and absence without leave. Very respectfully, Your obedient servant, JAMES A. SEDDON, Secretary of War. COMMUNICATION FROM W. S. BARTON, ASSISTANT ADJUTANT GENERAL. HEADQUARTERS, RICHMOND, February 26, 18G3. Respectfully returned. The original proceedings in the cases in which the sentences have been promulgated, have been forwarded to the Adjutant and Inspector General's Oificc, as required by regulations. I send herewith a file of the General Orders, issued from these headquarters, which furnish the " copies of the proceedings " required by the resolution of the House of Representatives, so far as the pro- ceedings of the courts have been published. Private L. B. Seymour, Co. E., oOth regiment North Carolina troops, was tried for desertion, and convicted by a General Court Mar- tial convened at the Headquarters of Brigadier General Junius Daniel, by General Order No. 5, of October 8, 1862, from these Head- quarters. The twentieth article of war imposes the penalty of ** death, or such other punishment as by the sentence of a court martial shall be inflicted" upon any officer or man convicted of "desertion." By the " custom of war," as shown by the writers of both Eng- land and America, and well established usage, the punishments of flogging, branding and hard labor, can be inflicted on deserters by courts martial, in lieu of death. It is proper to remark that not more than fifty lashes can be inflicted for one ofl'ence, nor was it proposed to allow more than one flogging to be inflicted in Seymour's case ; but the rest would have been remit- ted should the war last long enough to subject him to a second. It being my duty especially to examine these records, I am respon- sible for advising the approval of the sentence. W. S. BARTON, » Major and Assistant Adjutant General. DISTRICT HEADQUARTERS, Richmond, Feb. 3, 18G3. Respectfully returned with the information required. ARNOLD ELZEY, Major General Commanding. Respectfullj submitted to the Secretary of War. S. COOPER, Adjutant and Inspector General. Digitized by the Internet Archive in 2010 with funding from Duke University Libraries http://www.archive.org/details/communicationfro23conf HEADQUARTERS, RICHMOND, September, 1862. General Orders, No. 9. I. At a, General Court Martial, convened and held by virtue of General Order?, No. 93, from Headquarters Department Northern Va., at the camp of Brigadier Gtneral H. A. Wise's Brigade, on the day of 1862, the following named prisoners were arraigned and tried : Case !. Sergeant George M. Humphries, Co. " C," Light Artillery Battalion. Charge — Violation of 45th Article of War. Specification — In this, that he, the said Sergeant George M, Humphries, Co. " C," Light Artillery Battalion, while in charge of the Light Artillery Battalion Wise's Brigade, on the seventh day of Septemher, was drunk, and in consequence, unfit to discharge the duties of his office. FINDING. Of the specificaLion, Not Guilty. Of the charge. Not Guilty. The accused was therefore acquitted. Case 2. Private Lewis Harcum, Co. '* D," Light Art, Battalion. Chvrgf. — Violation of tlie 41st Article of War. Specification — In this, that he. Private Lewis Harcura, Co. " D," Light Artillery Battalion, Wise's Brigade, did leave camp on the 6th day of September, 1862, without leave ^rom his Commanding Officer, and did proceed to Richmond, Va., thereby absenting himself from camp and the ordinary duties of camp for about twelve hours. SENTENCE. The court do confirm the plea of guilty, and sentence the said private, Co. *' D," Light Artillery Battalion, to seven days' confine- ment in the regimental or company guard house. Case 3. Private E. M. Ezekiel, Co. " A," 46th Regt. Va. Vols. Charge. — Absence without leave. Specification — In this, that said Ezekiel did, on or about the 17th day of August, 1862, absent himself from the camp of the •16th Re- giment Va. vols., without obtaining permission so to do, and did re- main away until the 18th August, 1862, all this at the camp 46th Regt. Va, Vols. FINDING. Of the charge, Guilty. Of the specification. Guilty. SENTENCE. The court do acquit the accused, believing that the punishment which he ha.s already sufficred sufficient for the offence Case 4. Private James J. Martin, Pamunkey Artillery. Charge — Absence without leave. 6 Specification — In this, that Private James J. Martin of the Pa- munkey Artillery did, on or about the fourth day of August, leave his camp without permission, and return on the night,of the Gth of August. FINDING AND SENTENCE. The court having maturely considered the case, find Private James J. Martin of the Pamunkey Artillery, of the specification, guilty; of the charge, guilty; and the court do acquit the accused, inasmuch as the punishment which he has already sulTerod is sufficient for the offence. Case 5. Corporal Lafayette W. Banks, Pamunkey Artillery. Charge — Absence without leave. Specification — In this, that Corporal Lafayette W. Banks of the Pamunkey Ar illery, did leave his camp without permission, on or about the night of the 2d August, or morning of the 3d August, and returned on the evening of the 5th August, having been sent for to be apprehended, FINDING. Of the specification, Guilty. Of the charge, Guilty. SENTENCE. And the court do therefore sentence the said Corporal L. W. Banks, of the Pamunkey Artillery, to be reduced to the ranks, and the court is thus lenient on account of extenuating circumstances. Case 6. Private F. Weaver, Co. " D," -Ith Va. Heavy Artillery. CnvRGE — Drunk on duty. Specification — In thi-, that the said Private F. Weaver, of the said Company, having been detailed for duty on camp guard on the 9th September, 1862, did on that da^ become so intoxicated, as to render him incapible of performing the duties appertaining to such guard, in consequence whereof, another man had to be detailed in his place. All this at the camp of the 4th Regiment Va. Heavy Artillery, on Chaffiu's farm, on the 9th September, 1862. FINDING. The court having maturely considered the facts of the case, find Private F. Weaver, Co. " D," 4th Va. Heavy Artillery. Of the specification, Guilty. Of the charge, Guilty. SENTE.VCE. And the court do therefore sentence the said Private F, Weaver to ten days' hard labor in charge of the Provost Guard at Richmond, with ball weighing 12 lbs. and chain attached to left leg. Case 7. Private Wm. Galium, Co. " E," 26th Va. Regt. CiuRGE 1st — Desertion. Specification 1st — In this, that the said William Galium did, on or about the Gth day of May, 1862, leave his camp and regiment, while on the m;ireh from Gloucester Point, remain within the enemy's lines, and did not rejoin his company until brought to Richmond by a de- tichmcnt of cavalry. FINDING. Of the specification, Guilty. Of the charge, Guilty of absence without leave. SENTENCE. And the court do therefore sentence the said Wm. Galium, Private Co. *'* E," 2oth Va. Regiment, to 60 days' hard labor, with ball weigh- ing 12 lbs. and chain attached to left leg, in charge of the Provost Marshal at Richmond, and forfeit his pay proper for (wo months, and the court is thus lenient on account of extenuating circumstances. Case 8. Sergeant Wm. R. Haywood, Co. *' E," 25th Regiment Va. Volunteers. Charge 1st — Desertion. Specification 1st — In this, that the said Wm. R. Haywood did, on or about tlie 6th day of May, 1862, leave his company and regiment, while on the march from Gloucester Point, remain within the enemy's lines, and did not rejoin his comp mj or regiment until brought to Richmond by a detachment of cavalry. Charge 2d — Persuading others to desert. Specification 1st — In this, that he did pursuade Wm. Lemons, and others to desert. finding. The court having maturely considered the evidence adduced, find Sergeant Wm. R. ilaywood, Co. " E," 25th Va. Regt. Of the 1st specification of charge 2d, Guilty. Of charge 2d, Guilty. Of the first specification of charge 1st, Guilty. Of charge 1st, Guilty. SENTENCE. And the court do therefore sentence the said> Sergeant Wm. R, Haywood, Co. ''E," 25th Va. Vols., to forfeit all pay and allowances now due, to undergo solitary confinement every alternate 14 days, until h3 has completed 84 days of solitary confinement, under charge of the Provost Marshal at Richmond — to perform hard labor with ball weighing 12 lbs. and chain attached to the left leg during the inter- vals — to forfeit all pay and allowances except rations and necessary clothing, during the period of confinement and labor: and at the ex- piration thereof be branded with the letter " D," one inch in length on left hip, have his head shaved in presence of his regiment, and be drummed out of the service. Case 9. Private R. B. Seward, Co. " G," 26th Va. Regt. Ch\rge— Desertion. •♦ Specification — In this, that on the 6th day of May, 1862, the said Private R. B. Seward, left his company in King and Queen county, as it was on the march from Gloucester Point, and that he went to his home, and did not again report for duty until the 27th day of July, 1862. FINDING. Of the specification, ' Guilty. Of the charge, Guilty of absence without leave. 8 * SENTENCE. And the court do therefore sentence the said Private R B. Seward, Co. " G," 26th Va llegt., to thirty days' hard labor, with ball weigh- ing 12 lbs. and chain attached to left leg, in charge of the Provost Marshal at Richmond; and to forfeit his pay proper for two months. Case 10. Private A. C. Groorae, Co. " B," 26th Regt. Va. Vols. CnARGR — Desertion. Specification — In this, that the said Albert C. Groome, a private in Co. " B," 26th Va. Regt., did desert from his company, on or about the 9th day of May, 1862, at or near Hanover Court House, Va. ; after an ab.^cnce of two months and twenty-one days, (July SUth,) ho voluntarily returned to his company. FINDING. Of the specification. Guilty of absenting himself without leave. Of the charge, Guilty of absence without leave. sentencf:. And the court do therefore sentence the said Private Albert C. Groome, Co. *• B," 26th Va. Regt., to sixty days' hard labor with ball weighing 12 lbs. and chain attached to left leg, in charge of the Pro- vost Marshal at Richmond, and to forfeit his pay proper for two months. Case 11. Private Charles W. Hibble, Co. " B," 26th Va. Regt. Charge — Desertion. Specification — In this, that the said Charles W. Hibble, a private Co. " B," 26th Regt., did desert from his company, on or about the 5th day of May, 1862, between Centreville and King and Queen Courthouse, Va. ; after an absence of three months and i'our day^s, (August 9th), he voluntarily returned to his company, bringing with him his gun and accoutrements FINDING. The court after mature consideration, find Private Chas. W. Hibble, Co. " B," 26th Regt. Va. Vols. Of the specification, Guilty of absenting himself without leave. Of the charge, Guilty of absenting himself without leave. SENTENCE And the court do therefore sentence the said Chas. W. Hibble, to ten days' confinement in the regimental guard house, and we the mem- bers of the (^urt, do recommend that the punishment of the accused be remitted in consequ'nce of the circumstances of the case. Case 12. Private W. W. Damel, Co. " B," 26th Va. Regt. Charge — Desertion. Specification — In this, that the said W. W. Darnel, Private Co. *' B," 26th Regt. Va. Vols., did desert from his company, on or about the 9th day of May, 1862, at or near Hanover Courthouse, Va.; after an absence of two months and twenty-one days, (July 39th), ho voluntarily returned to his company. FINDING. The court after mature consideration, find Private W. W. Darnel, Co. " B," 26th Va. Regt. Of the specification, Guilty of absenting himself without leave. Of the charge, Guilty of absence without leave. SENTENCE. The court do therefore sentence the said Private W. W. Darnel, Co. ** B," 26th Va. Regt. to sixty days' hard labor, with ball weighing 1^ lbs. and chain attached to left leg, and to forfeit his pay proper for two months. Case 13. Private Wm. D. Baker, Co. '' B," 26tli Va. Regt. Charge — Desertion. Specification — In this, that the said Wm. D. Baker, a private in Co. " B," on or about the 4th day of May, 1862, near (-entreviile, Va., after an absence of two months and twenty-fi% days, (July 29th), he voluntarily returned to his company, bringing with his gun and accoutrements. FINDING. The court after mature consideration, do find the said Private Win. D. Baker. Co. " B," 26tb Va. Regt. Of the specification. Not Guilty. Of the charge, Not Guilty. SENTENCE. They do therefore acquit the accused. Case 14. Private Dunbar Edwards, Co. *' C," 26th Va. Regt, Ch rge — Absence without leave. Specification — In thi% that the said Dunbar Edwards was sent home sick by the Surgeon, on or about the 2!lth day of April, 1S62, and that he did not return to his company or regiment, until he was ar- rested and put in Castle Godwin, from which place he was taken and brought to bis company, on the 7th day of August, 1862. FINDING. The^urt after mature consideration, find private Dunbar Ediiard.^, Co. '' (^' 26th Va. Regt. Of the specification. Guilty. Of the charge, Net Guilty. And the court do therefore acquit the said Private Dunbar Edwards, Co. " C," 26th Va. Regt. Case 15. Captain J. II. Rivers, Co. ** C," Light Art. Battalion. Cn\RGE — Absence without leave. Specificatif)n — In this, that he, the said Captain J. 11. Rivers, did on or about the 16th day of July, 1862, absent himself from camp until the 18th day of July, 1862, without the leave or permission of his commanding officer. FINDING. The court after mature consideration, do find Captain J. II. Rivers, Co, '* 0," Light Artillery Battalion, as follows : Of the specification, Not Guilty. Of the charge, Not Guilty. 10 SENTENCE. And the court do therefore honorably acquit the said Captain J, II. Rivers, Co. " (J," Light Artillery Battalion, inasmuch as it appears from the evidence that he had never beeh oliicially notified that Major Starke was his commanding officer. Case 16. Private Wm. D. Tucker, Co. *' C," 2Gth Va. Regt. Chauge — Absence without leave. Specification — In this, that the said Wm. D. Tucker was sent home »ick by the surgeon, on or about the 20th day of April, lfS62, and ttat he did not return to his company and regiment, until he was mrrestcd and put in Castle Godwin, from which place he Avas taken and brought to his company, on the 7th day of August, 1862. FINDING. The court after mature consideration, find Private Wm. D. Tucker, Co. - C," 26th Va. Hvgt. Of the specification, Guilty. Of the charge, Guilty. SENTENCE. And the court do therefore sentence the said W^m. D. Tucker, Co, *' C," 26th Va. Regt., to fifteen days' hard labor, with ball weighing 12 lbs. and chain attached to left leg, in charge of the Provost Mar- shal at Richmond. Case 17. Private Benjamin Dudley, Co. " C," 26th Va. Regt. Charge 2d — Desertion. Specification — In this, that the said Benjamin Dudley did. without leave absent himself froffl his company and regiment, at St. Stephens' Church in King and Queen county, on the 7th day of May, 1862, and did not return thereto, until he was arrested and put in Castle God- win, from which place he was taken out and brought to his coaapany, en the 7th day of August, 1862. FINDING. The c:>urt after mature consideration, find Private Benjamin Dud- ley, Co. "C," 2Gth Va. Regt. Of the specification, Guiltj^ Of the charge, Guilty. SENTENCE. And the court do therefore sentence the said Benjamin Dudley, to forfeit all pay and allowances now due him, be branded on the left hip with the letter D one inch in h ngth, have his head shaved in the pre- sence of his regiment and be drummed out of the service. Case 18. John M. Nye, Private in Co. *' A," 26th Regt. Va. Vols, Chauge 1st — Desertion. Specification — In this, that the said John M. Nye did, on the evening of the 4th day of May, 1863, leave his company and regi- ment, at Centreville, King and Queen county, Va., without permis- sion, and go to Gloucester county, Va., where he found and captured on the day of , 1862, by a detachment of Confederate States cavalry, under command of Lieutenant Fitzhugh of the M. L. Dragoons, and brought into Richmond. 11 FINDING. The court after mature consideration, find Private John M. Nye, Co. " A," 26th Regt. Va. Vols. Of the specification, Guilty. Of, the charge, Guilty. SENTENCE. And the court do therefore sentence the said John M. Nye, to for- feit all pay and allowances now due, be branded on the left hip with the letter D one inch in length, have his head shaved in the presence of his regiment, and be drummed out of the service. Case 19. Private Wm. A. Ballomc, Co. '' C," 4th Va. Heavy Art. CiivRGE — Violation of the 7th Article of War. Specification 1st — In this, that Private William A. Ballome of Co. **C," 4th Va. Heavy Artillery, did write and sign a petition to his Captain and 1st Lieutentant to resign their commissions as oflicers in the Confederate States Army, stating that he did not wish to serve under them any longer. Specification 2d — In this, that Private William A, Ballome, of Co. '* C," 4th Va. Heavy Artillery, did pursuade others of the said com- pany to sign a petition to his Captain and 1st Lieutenant to resign their commissions as officers in the C. S. Army; all this without ciuse or provocation, at the 4th Artillery camp near Chaffin's Bluff, on or about the 6th of August, 18^)2. FINDING. The court after mature deliberation, find Private Wm. A. Ballome, Co. " C," 4th Va. Heavy Artillery: of specification 2d, rtot guilty; of specification 1st, guilty, e.xcept the words, " write and; " of charge, guilty of conduct prejudicial to good order and military discipline. SLNTENCE. In consequence of extenuating circumstances, as shown by the evi- dence, the court is unanimously of the opinion that the confinement which the accused has already unter^jofie is sufficient punishment for his offence. Case 20. Private Philip G. Yuille, Co. " C," 4th Va. Heavy Art. Charge — Violation of 7th Article of War. Specification 1st — In this, that Private Philip G. Yuille, Co " C," 4th Va. Heavy Artillery, did sign a netition to his Capiain and Ist Lieutenant to resign their commissions as officers in the C. S. Army, stating that he did not wish to serve under them any lotiLrer. Specification 2d— In this, that Private Philip G. Yuille, Co " C," 4th Va, Artillery, did pursuade others of the said company, to sign a petition to his Captain and 1st Lieutenant to resign their positiotis as officers in the Confederate States Army; all this without cause or provocation, at the 4th Artillery camp near Chaffin's Bluff, on or about the 6th August, 1 862. FINDING. The court after mature consideration, find the accused not guilty of second specification ; guilty of first specification ; of charge, guilty of conduct prejudicial to good order and military discipline. 12 SENTENCE. And in consequence of exteriuat ng consequences, as shown by the evidence, is unanimously of opinion that the confinement which the accusei has already undergone is sufficient punishment for his offence. Case 21. Private Wm. I^. Butts, Co. '' C, ' 4th Va. Heavy Art. Charge — A'iolation of the 2Uth Article of War. Specification — In this, that the accused dif extenuating circuuistances, as shown by the evidence, the confinement which the accused has already undergone is sufficient punit>hment for the offence. Case 23. Private Alfred M. Edwards, Co. " II," 26th Va. Regt. (•HARGE — Absence without leave. Spccifiation — In this, that the said i'rivate Alfred M. Edwards did, on the 'zud day of May, 1862, leave Gloucester Point, a then military post, on sick leave, by order of the acting Surgeon of said military post, in retreat from the same, transportation being fuiiiished, and that the said private Alfred M. Edwards, on arriving at West Point in King William county, did leave said West I'oint and go to his 13 home, -within the lines of the enemy, and did there remiiin until the 3rd day of August, 1862, on which day the said Alfred M Edwards, did report in person co his company. All this at Chaffiirs farm, August 4th. 1862. FINDING. The court after mature consideration find the accused : Of the specification, Guilty, Of the charge, Not Guilty. SENTENCE. And the court do therefore acquit the accused. Case 24. Private Beverly Groom, Co. ''11," 26th Va. Vols. Oh < ROE — Absence without leave. Specification — In this, that the said Beverly Groom, did on tho second day of May, 1862, leave Gloucester Point, a then military post, with Surgeon's permission, in retreat from said Gloucester Po^nt to go to Richmond, and to report to his company in ten d;iys, and that instead of doing as directed, did go to his home within the lines of the enemy, and did there remain until the 9th day of July, 1862, on which .'.ay the said Private Beverly Groom, did report in person to his company. All this at camp Chaffin's farm, July 31), 1862. FrNDING. The court after mature consideration, do find the accused, guilty of the specicaiion, except the words " in ten days ;" not guilty of tho charge. SENTENCE. And the court do therefore acquit the accused. Case 25. Private Joseph M. Shelton, Co. II, 26th Va. Vols. Charge — Desertion. Specification — In this, that the said Private Joseph M. Shelton did, on the 2nd day of May, 1832, leave Gloucester Point, a then military post, where his company was then stationed, in Quartermaster Capt. James A Crump's department, on board of a pungy vessel, with Q. M. and C. stores, in retreat from said Gloucester Point, and that on or about the 17th day of May, 1862, the said Private Joseph M. Shelton, was discharged from said pungy vessel, and that instead of coming to his company he, the said Joseph M. Shelton, did go back to hi».home within the lines of the tnemy, and did there remain until about the 8th day of May, 1862, on which day he reported to his company at camp Chafl&n. All this at camp Chaffin, July 30, 1862. FINDRG. The court after mature consideration find the accused : Of the specification. Guilty. Of the charge, Not Guilty. sentence.^ And the court do therefore acquit th^ accused. Case 26. Private Richard Groom, Co. <' 11," 26th Va. Vols. Charge — Desertion, Specification — In this, that the said Private Richard Groom, did 14 on the second day of Ma}^ 1862, leave Gloucester Point, a then military post, where his company was then stationed, in Quartermaster Jas. II. Crump's department, on board of apungy vessel with Q. M. and C. stores, in retreat from said Gloucester Point, and that on or about the 17th da}' of May, 1862, the said private was discharged from said pungy vessel, and that instead of coming to his company he, the said Richard Groom, did go back to his home within the lines of the enemy, and did there remain until the 26th day of July, 1862, on which day he reported to his company at camp Chaffin's farm. All this at camp Chaffin's farm, July 30, 1862. FINDING. The court after mature consideration, do find the accused: Of the specification Guilty. Of the charge. Not Guilty. SENTENCE. And the court do therefore acquit the accused. Case 27. Private Benjamin J. Thrift, Co. A, 26th Ya. Vols. Cn 4RGE — Desertion. Specification — In this, that the said Benj. J. Thrift did, on the morning of the 4th day of May, 1862, on the retreat from Gloucester Point, leave his company and regiment at Gloucester C. II., without permission, and go to his home in Gloucester county, Va., and did not return to his company until the 25th day of August, 1862, after the defeat of the enemy before Richmond, and tlie evacuation of Glou- cester county by the enemy. FINDING. The court after mature consideration, do find the accused : Of the specification Guilty. Of the charge, Guilty. SENTENCE. And the court do therefore sentence the said Benjamin J. Thrift, to twelve months' hard labor, w^ith ball weighing 12 lbs. and chain at- tached to the left leg, in charge of the Provost Marshal at Richmond. Case 28. Private John W. Smith, Co. " E," 26th Va. Vols. Cii \nGE — Desertion. Specification — In this, that the said John W. Smith did, on or about the 5th day af May, 1862, leave his company and regiment, while on the march from Gloucester Point, remain within the enemy's lines, and did not rejoin his company until about the 19th July, after the repulse of the enemy around Richmond. FINDING. The court after mature consideration, find the accused: Of the specification. Guilty. Of the charge. Guilty of absence without leave. SENTENCE. And the court do therefore sentence the^ accused to sixty days' hard labor with ball weighing 12 lbs. and chain attached to left leg, in charge of the Provost Marshal at Richmond, and to forfeit his pay proper for two months. 15 Case 29. Trivate Samuel Grinald, Co. *' G," 46th Va. Vols. Chahge Isr — Violation of the 46th Article of War, Specification 1st — In this, that the said Samuel Grinald, of Co. " G," 4Gth Va. Regt., was found sleeping on his post, -whilst posted as a sentinel, guarding some beef cattle near Mr. ChaflSn's farm, in the county of Henrico, in the State of Virginia. Charge 2d — Violation of the 99th Article of War. Specification 1st — In this, that the said Private Samuel Grinald, of the company and regiracnt aforesaid, on or about the 2nd dny of August, 1862, and wliilst posted as a sentinel to guard four beef- cattle, the property of the Confederate States of America, did negli- gently suffer and permit said cattle to escape from the enclosure wherein he, the said Samuel Grinald, was directed to keep said cattle, whereby and by reason of the negligence of the said Grinald, the said cattle were wholly lost to the Confederate States. This near the camp of the 46th Regt. Va. Vols., in the county of Henrico, and State of Virginia. FINDING. The court after mature consideration, do find the accused: Of specification of charge 1st, Not Guilty. Of charge 1st, Not Guilty. Of the specification of charge 2nd. Guilty, (except the words " whereby and by reason of the negligence of the said Grinald, the said cattle were wholly lost to the Confederate States.") SENTENCE. And the court is of the opinion that the punishment which the accused has already suffered, is suflScicnt for his offence. Case 30. Private John Cox, Co. " E," 24th V:^ Vols. Chargf. — Desertion. _ Specification — In this, that the said John Cox did, on or about the 2nd day of May, 1862, leave his company and regiment, while at Gloucester Point, remain within the enemy's lines, and did not rcjoia his company until about the 21st August, 1862, after the repulse of the enemy around Richmond. FINDING. The court after mature consideration, do find the accused: Of the specification, Guilty. Of the charge. Not Guilty. SENTENCE. The court do therefore sentence the accused to 60 days' hard labor with ball weighing 12 lbs. and chain attached to left leg, in charge of the Provost guard at Richmond, and to forfeit his pay proper for two months. 'Case 31. Private Garry West, Co. " E," 26th Va. Vols. Charge — Desertion. Specification — In this, that the said Garry West did, on or about the 2d dny of May, 1862, leave his company and regiment at Glou- cester Point, remain within the enemy's lines, and did not rejoin his IG company until the lOtli day of July, after the repulse of the enemy around Richmond. FINDING. The court after mature consideration, do find the accused: Of the specification, Guilty. Of the charge, Guilty of absence without leave. 6ENTKNCE. And the court do therefore sentence the accused to be confined 15 days in the rej:;imental guard-house, and to forfeit one month's pay, nnd the court is tiius lenient on account of his youi^h, and evident simplicity of the accused. Case 32. Trivute R. B. Gillara, 46th Va. Vols. CiiARGi: — Absence without leave. Specification — In this, that the said Gillam did, on Saturday, the I6th August, 18G2, leave the camp of the 4Gth regiment, without obtaining permission so to do, and did remain abs:;nt until Monday, the 18th Aug., 1862. This at the camp of the 46th Va. Regt., 18G2. FINDING. The court after mature consideration, find the accused : Of the specification, Guilty, Of the charge, Guilty, SFN7ENCE. And the court is of opinion that the punishment which the accused has already sufi"ered is sufiBcient for his offence. Case 33. Private John L Robinson, Co. *'A," 4Gth Va. Vols. Cmargr — Absence v.ithout leave. Specification — In this, that the said Robinson did leave the camp of the 4Gth regiment, on Sunday, the 17th August, 1862, without obtaining leave so to do, and did remain awav" until Monday, the 18th of August, 1SG2. This at the camp of the 46th Va., August 18, 1862. FINDING. The court after mature consideration, find the accused: Of the ?peoification, Guilty. Of the charge. Guilty. SENTENCE, And the court is of opinion that the punishment which the accused has already suffered is sufficient for his offence. Case 34, Private R. M. Carter, Co. *'A," 46th Va. Vols. CiiARGK — Absence without leave. Specification — In this, that the accused on the 19th day of August, 1862, did leave the camp of the 46th Va. Regt.. without obtaining permission so to do, and did not return until the 20th August, 1862. All this at camp of the 46th Va. Vols. FINDING. The court after mature consideration, do find the accused : Of the specification, Guilty. Of the charge, Guilty. 17 SENTENCE. * And the court is of the opinion that the punishment which the accused has al ready suiTered is sufficient for his offence. Case 35. Private Geo. 0. Tjler, Co. *'A," 46th Va. Vols. Charge— Absence without leave Specification — la this, that the said Tyler did, on or about Sunday, the nth inst., leave the camp of the 4Gth regiment, without obtaining leave so to do. and did remain absent until the morning of Tuesday, the IDth. All this at the carap of the 46th Va. Regt., August 20, 1862 FINDliNG. The court,, after mature consideration do find the accused : Of the specific ition, Guilty. Of the charge, Guilty. SENTF.XCE. And the court is of the opinion that the punishment which the ac- cused has already suffered is sufficient for his ofi"ence. Case 3G. Private Charles W. Adkinson, Co. " 1, " 4th Va. H. Arkil- Icry. Charge— Desertion. Specification— -In this, that the accused did, on or about fche 16th day of August. 1862, absent himself from his camp and regiment, without leave from his commanding officer, and did not return to his^ company until on or about August 26th, after he had been arrested by a guard on the Appomattox river, where the Richraofld and' Danville Railroad crossed 'he said river, from whence he was brought to Rich- mond and lodged in prison. All this at the camp of the 4th Regi- ment Va. H. Artillery, on Chaffin's farm, the 16th July, 1862. FINDING. And the court, after mature consideratioa, find the accused : Of the specification, Guilty. Of the charge, Guilty of absence without leave.. SENTENGS. And the court do therefore sentence the accused to be confined seven days in the regimental guard house, and to the limits of his camp for the period at one month, at the same time performing his daily duties as a soldier. II. The proceedings and findings in the foregoing cases are ap- proved, and the sentences confirmed, and will be carried into execu- tion, with the exceptions following : Upon the recommendation of the court, the sentence M'l^rivate"- Charles W. Hibblc, Co. " R, " 2Gth Va. Regt , is remitted, and he, will be returned to duty. The proceedings in the case of iVivate Wm. V. Tucker, Co. '• C. " 2Gtli Va. Regiment, are disapproved, the charge not being sustained by the evidence. The sentence will therefore be confirmed, but the prisoner will be released and returned to duty. 2 18 The procceifings in the case of Benj. Dudley, Co. " C, " 26th Va. Regiment, are approved, but on account of the meagerntss of the proof, as to important facts, and the previous good character of the prisoner as a soldier, the sentence is remitted except the forfeiture of pay- The procedings, findings and sentence in the case of John II. Nye, private Co. '* A," 24th Va. Regiment, are disapproved. There is no direct evidence showing when or where the crime charged was com- mitted, or indeed that the crime Avhich was committed, was desertion. It only appears incidentally that the prisoner left his company at all ; it does not appear that he left it at King and Queen county, either with or without leave; that he went to Cloucester county and was found and captured there on the day indicated in the charge, or any other day, or being so captured was brought to Richmond. The evi- dence does not sustain the charge. The prisoner will therefore be relieved and returned to duty. The proceedings in the case of Wm. A. Ballome and I'hiHip P. Yuille, Co. " C, " 4th Va., Artillery, are disapproved, for the follow- ing reasons : 1st. The facts charged in the specification do not consti- tute mutin}'. 2nd. Where a written document constitutes the gist of an oiTence, it must be set forth in the charge verbatim. In these cases the written document is neither embraced in the charges, nor does it appear at all in the records. 3rd. Where a violation of a particular Article of War is charged, as such, the court cannot find the accused guilty under another article, even if that article relates to a less degree of the fame offence set forth in the article charged, which it does not in this case. Under a charge therefore of '' Violation of Article of War, " the court find guilty of conduct to prejudice of good order and military dicipline. The prisoners will be released and returned to duty. The proceeding in the case of Private Wm. R. Butts, Co. " C, " 4th Va. Heavy Artillery, arc disapproved — evidence being introduced unsupported by oath, to disprove the confession of the prisoner, which was itself introduced by the prosecution The prisoner will be released and returned to duty. By command of Major General G. AV. Smith, SAMUEL W. MELTON, Major and Assistant Adjutant General. HEADQUARTERS, RICHMOND, VA., November 8, 1862. General Orders, No. 12. I. At a General Court Martial convened and held by virtue of Gen- eral Order, No. 6, from these headquarters, at the camp of Brigadier General H. A. Wise's Brigade, on the 15th October, 1862, the follow- ing named prisoners wore arraigned and tried: Case 1. Private John W. Sncad, "Lunenburg Rebel Artillery.'" Charge — Absence without leave. Specification — In this, that Private John W. Snead, of the Lunen- burg Rebel Artillery, having a sick furlough for 15 days, commencing on the 7th June, 1862, did not join his company until brouglit back on the 19th July, 1862, by a guard sent to Lunenburg county for that purpose. FINDING. Of the specification, • Guilty. Of the charge, Guilty. SENTENCE. To lose his pay proper for two months; but on account of the ex- tenuating circumstances of the case, the court would earnestly and respectfully recommend tliat the foregoing sentence be remitted. Cas« 2. Private Edward M. Elder, "Lunenburg Rebel Ardllcry.'" Charge — Absence without leave. Specification — In this, that Private Edward M. Elder, of the Lunen- burg Rebel Artillery, having a sick furlough for ten days, commencing on the 7th of April, 1862, did not rejoin his company until brought back on the 19th of July, 1862, by a guard sent to Lunenburg county for that purpose. ^ FlNDIf G. Of the specification, Guilty. Of the charge. Not guilty. And the court do therefore acquit the accused. Case 3. Private Joshua G. Jackson, " Lunenburg Rebel Ar:illery." Charge — Absence without leave. Specification — In this, that Private Joshua G. Jackson, of the Lu- nenburg Rebel Artillery, having a sick furlough for 20 days, commen- cing on the 6th May, 1862, did not rejoin his company until the 17th of July, 1862. 2C FINDING. or the specification, Guilty, Of tlje chiirge, Not guilty. AnG2. All this at the 4th Artillery camp, near Chaffin's Bluff, on or about the 22d of September, 1862. FINDING. Of the specification, Guilty. Of the charge, Guilty. SENTENCE. To be reduced to the ranks, and to be reprimanded by his Colonel in presence of his regiment; and he members of the court do re- spectfully recommend that the foregoing sentence be remitted, in con- sideration of the previous unexceptionable character of the accused. Case 17. Sergeant K. W. Land, of Co. " B," 4th Xii. Heavy Art. CiiABGE — Absence without leave. Specification. — In this, that L^ergeant R. W. Land of Co. *' B," 4th Va. Heavy Artillery, did, on the 19th day of September, 18G2, absent himself from camp without leave, and did not return until the 29th day of September, 1SG2. All this at the camp of the 4th Va. Heavy Artillery, on or about the 19th day of September, 1862. FINDING. Of the specification, Guilty. Of the charge, Guilty. SENTENCE. To be reduced to the ranks, and be reprimanded by his Colonel in the presence of his regiment. The members of the court would re- spectfully recommend that the foregoing sentence be remitted, in con- sideration of the former good character of the accused. II. The proceedings, findings and sentences in the cases of privates Wm. A. Murphy and James C. Ilowell, King and Queen Artillery, Ilobert II Anderson, Co. " II," James L. Brown, Co. '' G," and John II. i iger, Co. *' G," 2Gth Va. Regt., are approved, and the sentences will be duly executed. The proceedings, findings and sentence in the case of John W. Snead of the Lunenburg Rebel Artillery, rre disapproved. 1st. Because the alleged affence is not stated to have been commit- ted at any purticular place. It may possibly be inferred, but is not stated with sufficient distinctness. 2d. The fin-ling is contrary to the evidence. The prisoner will be release I and returned to duty. The proceedings in the cases of Edward M. Elder, Joshua G. Jack.-on, James W. Farrish, Charles A. Dupriest and T. L. Piercy, of the Lunenburg Rebel Artillery, Robert II. Crittenden, of the Gloucester Artillery; the procee(lings and findings in the case of William Cumbia, of the Lunenburg Rebel Artillery ; and the pro- 25 ceedings, findings and sentences in the cases of James F. Padgett, of the King and Queen Artillery, and L. N. Banks, Co. " D," 2Gth Va. regiment, are disapproved. The place of the commission of the al- leged offences in each case, being either not stated, or not stated with sufficient distinctness. The prisoners will be released and returned to duty. The proceedings, findings and sentences in the case«? of Sergeants A. M. Sculthorpe and of U. W. Land, both of Co. " B," 4th Virginia Heavy Artillery, are approv:d. On the recommendation of members of the court, and in consideration of the circumstances, and of the good character of the accused, the sentences are remitted, ^he pri- soners will be released and returned to duty. By command of Major General G. W. Smith. SAMUEL W. MELTON, Major and A. A. GencrcU, HEADQUARTERS, RICHMOND, VA. ,^ December 12, 1862. General Orders, No. 17. I. Further proceedings of the General Court Majtitil convened at the headquarters of Brig. Gen. Henry A. Wise, by virtue of General Orders, No. 6, current series, from these headquarters, in continua,- tion of General Order, No. 12, were arraigned and tried the following cases: (The specifications being minute and lengthy are omitted:) Case 18. Private Charles E. C. Booker, of the Gloucester Artillery. Charge — Desertion. EINOLVG. Of the specification, Not Guilty. Of the charge, Not Guilty. And the court do therefore acquTt the accused. Case i9.. Private Jos. H. Dodson, Co. "A," 46th Va. Vols. Charge — Absence without leave. FINDING. Of the specification, Guilty. Of the charge. Guilty. SENTENCE. To fifteen days hard labor, eight hours each day, and to confinement in the guard-house when not at work, during this period. Case^20. Private John Michau.x, Co. *' I," 20th Va. Regt. Charge — Absence without leave. FINDING. Of the specification, Gu-dty. Of the charge, Cuiilty. SENTENCE. To fifteen days hard labor, eight hours a day, under the direction of his Colonel, and to be confined in the guard-house when not at work, during the same period. Case 21. Lieut. Jas. S. Mason, Co. " B," 4th Va. Heavy Artillery. Charge — Disobedience of orders. FINDING. Of the specification. Guilty, Of the charge. Guilty. And the court decline to inflict any punishment on t e accused, believing that he was justifiable in doing what he did, under the cir- cumstances, as shown by the evidence. Case 22. Private George C. Tyler, of Co. "A," -IGth Va. Vols. Chakge — Absence without leave. 27 FINDING. Of the specification, Guilty. Of the charge, Guilty. SKNTENCE. To hard labor for twenty days, eight hours a day, and to be confined in the guard-house during this period, -when not at work; then to be confined ten days on bread and water, and to forfeit his pay proper for two months. Case 23. Private Maurice Gleason, Co. *'I," 46th Va. Vols. Charge — Desertion. FINDING. Of the specification, Guilty. Of the charge. Guilty of absence witliout leave. SENTENCE. To fifteen days hard labor, eight hours a day, under the direction of his Colonel, and to be coiifined to the guard-house when not at work during this period, and the court is thus lenient on accoinit of the previous good character of the accused, and other extenuating cir- cumstances. Case 24. Second Lieutenaijt Charles W. Ballowe, 4th Va. Heavy Artillery. Charge — Neglect of duty. FINDING. Of the specification, Not Guilty. Of the charge, Not Guilty. And the court do therefore acquit the accused. Case 25. Private S. II. Mitchell, Company "I," 4th Va. Heavy Artillery. Charge — Neglect of duty. FINDING. Of the specification. Guilty. except the words, " without giving any alarm." Of the charge. Guilty. SENTENCE. • To be reprimanded by his Colonel in the presence of his regiment. Case 26. Private James M. Mountjoy, Co. "A," 46th Va. Vols. Charge — Absence without leave. FINDING. Of the specification, Guilty. Of the charge. Guilty. SENTENCE. To be reprimanded by his Colonel in the presence of his regiment. The members of the court would respectfully request that the fore- going sentence be remitted, in consideration of the previous good character of the accused, together with his evident contrition, and the peculiar circumstances under which the ofi'once was committed. Case 27. Private Samuel Morris, Co. "D,"4ih Virginia Heavy Artillery. Charge — Desertion. 28 FINDING. Of the specification, Guilty, except the words "desert on the way thither, by absenting liimself from the wagcn or ambulance, in which he was being conveyed to said hospital, and did." Of the charge, Guilty of absence without leave. f:r.NTK.NCK. To six months hard labor, with b.ill weighing twelve pounds and chain attached to left leg, in charge of the Provos(t guard at Richmond. Case 28. Private II.^K. Broyles, Co. " U," -ith Virginia Heavy Artillery. CnARGL — Absence without leave. ^ FINDING. Of specification 2d. Guilty. Of specification I.st, Guilty, Of charge. Guilty. .^F.NTENCE. To lose his pay for two months, and to perform ten extra hours of guard duty, according to the discretion of his Captain. Case 29. Private John Griflin, of Captain John J. Young's Com- pany of Howitzers. Change 1st — Absent without leave. Charge 2d — Disobedience of orders. FIMJI.N'G. Of specification of charge 1st, Guilty. Of charge 1st, Guilty. Of specification of charge 2d, Guilty. Of charge 2d, Guilty. SENTF-NTE. To ten days hard labor under the direction of his Colonel, and the court is thus lenient on account of the punishment which the accused has already suffered. Case 3i>. Private William A. Allen, of Captain John J. Young's Company of Howitzers. CuARi E 1st — Absence without leave. • Charge 2d — Disobedience of orders. KINDIXG. Of specification of charge 1st, Guilty. Of charge 1st, Guilty. Of specification of charge 2d, Guilty. Of charge 2d, Guilty. SENTENCE. To ten days's hard labor under the direction of his colonel ; and the court is thus lenient in consideration of the punishment which the accused has already suffered. II. The proceedings, findings, and sentences in the case of Lieuts. James S, Mason and Charles W. liallowe, 4th Virginia Heavy Artil- lery, and Privates E. C. Booker, of the Gloucester Artillery, are ap- proved. The parties will be released from arrest, and returned to The proceedings, findings and sentences in the cases of privates Jos. 89 11. Dodson and George C. Tyler, of Co. "A," and Maurice Gleason, of Co. " I," 46th Virginia Volunteers, John Michaux. Co. '• I," 2l)th Virginia Volunteers, Samuel Morris and II. K. Brojles, of Co. " D," and S, H. Mitchell, of Co. '• I," 4th Virginia Heavy Artillery, Juhn GrifEn and William A. Allen, of Capt. John J. Young's Howitzer Company, are approved and the sentences will he duly executed. The proceedings, finding, and sentence in the c;ise of Private Jas. M. Mountjoy, Co. "A," 4Gth Virginia Volunteers, are approved. In consideration of the previous good conciuct of the accused, and the circumstances of the case, upon the unanimous recommendation of the members of the court, the sentence is remitted. The court, of which Lieut. Col. Randolph Harrison is President, IB hereby dissolved. By command of Major General G. W. S.mitii. SAM'L W. MELTON, Mnj. Sf A. A. General. General Ord No. 18. KRS, ) IIEAEQUARTERS, RICILMOND, VA., December 12th, 1862. I. At a General Court Martial convened and IielJ by virtue of Gen- eral Order No. I'.), from these IIead(juartcr3, at Staunton, Va., on the loth day of November, 1862, the following cases were arraigned and tried: Case 1. Capt. Frank Henderson, A. C, S., C. S. A. Charge — Drunk on duty. FINDING. Of specification 1st, Not guilty. Of specification 2d, Not guilty. Of charge. Not guilty. And the court do therefore acquit the accused. Case 2. Private J. II. Reagan, of the Provost Guard, at Staunton, Virginia. CiiAF.GE — Insubordinate conduct. FINDING. Of the specification, Guilty. Of the charge, Guilty. SENTENCE. To 15 days hard labor, at the expiration of which he is also to be reprimanded by his captain, in the presence of his company. Case 3. Assistant Surgeon J. 0. Harris, P. A., C. S. Charge — Conduct unbecoming an officer and a gentleman. FINDING. Of the specification, Not guilty. Of the charge. Not guilty. And the court do therefore acquit the accused. Case 4. Private Charles Childress, " Caskie Rangers," lOth Regt. Virginia Cavalry. Charge — Conduct prejudicial to good order and military dis- cipline. FINDING. Of the specification, Guilty. Of the charge, Guilty, SENTENCE. To hard Libor, with ball and chain, on the fortifications at or near Richmond, for the space of four months, and to forfeit his pay for the eame period. 31 Case 5. Private Frederick Daniell, " Caskie Rangers," lOth Regt. Virginia Cavalry. Charge — Conduct prejudicial to good order and military dis- cipline. FINDI.NG. Of the specification, Guilty. Of the charge. Guilty. SENTENCE. To hard labor, with ball and chain, on the fortifications at or near Richmond, Virginia, for the space of four months, and to forfeit his pay for the same period. II. The proceedings, findings and sentences in the cases of Capt. Frank Henderson, A. C. S., C. S. A., and Assistant Surgeon J. 0. Harris, P. A., C. S , are approved. They will be relieved from ar- rest and returned to duty. The proceedings, findings and sentences in the cases of Private J. H. Reagan, of the Ptovost Guard, at Staunton, Virginia, and Charles Childress and Frederick Daniell, of the Caskie Rangers, 10th Regi- ment Virginia Cavalry, are approved, and the sentences will be duly executed. The court, of which Col. M. G. Harman is President, is hereby dissolved. By command of Major General G. W. S.MrTn. SAM'L W. MELTON, Maj. 8f A. A. General. HEADQUARTERS, RICHMOND, January 13th, 1863. General Ouders, No. 3. I. At a General Court Martial convened and held by virtue of Gen- eral Order No. 5, of October S, 1802, from these Headquarters, at the Headijuarters of Biigadier General Junius Daniel, were ar aigned and tried the following, (the specifications being minute and long are omitted) : Case 1. Private Jeremiah E. Moore, Co. "I," -loth North Carolina troops. Charce — Absence ■without leave. SENTENCE. To be sent back to his regiment and put to hard labor for one month; and the court is thus lenient on*account of his ag^e and the attendant circumstances of the case. Case 2. Private William F. Jordan, Co. " H," 43d Regiment North Carolina troops. CiiAROE — Desertion. riKDlNG. Of the specification, Guilty. Of the charge, Guilty. SENTENCE. To receive thirty-nine lashes on his bare back, and to be branded in the left hand with the letter I) in the presence of the brigade, and to be put to hard labor on public works for three months, with ball and chain weighing twelve pounds attached to left leg. Case 3. Private L. B. Seymour, Co. '* E," fiOth North Carolina troops. C»ar(;e — Desertion. riM)iN(;. Of the specification, Guilty. Of the charge, Guilty. SENTENCE. To receive thirty- nine lashes on his bare back, evrry three months, for the period of the war ; to be branded in the left hand with the letter '• D," and to be put to hard labor in Richmond, with ball and chain, weighing twelve pounds, attached to left leg, for the balance of the war. Case 4. Private Andrew Miller, Co. " F," 32d N. Carolina troops. Ch.\rge — Desertion. 33 FINDING. Of the specification, Not guilty. Of the charge, Not guilty. • And the accused is therefore acquitted. Case 5. Private Geo. Sams, Co. " F," 45th Noith Carolina troop?. Charge — Desertion. FINDING. Of the specification. Guilty. Of the charge, — Not guilty of desertion, but guilty of absence Hfithout leave. SENTE.NCE. To hard labor, with ball and chain, or block and chain, weighing twelve pounds, every alternate ten days for sixty days ; to be in solitary confinement in the intervals, and to ibrfeil two months' pay. Case 6. Private James Hill, Co. "A," 45th North Carolina troops. Charge — Desertion, FINDING. Of the specification, Guilty. Of the charge, — Not guilty of desertion, but guilty of absence without leave. SKNTENCF. To twenty-five days hard labor, with ball and chain, or block and chain, weighing twelve pounds, attached to left leg, and seven days solitary confinement on bread and water. Case 7. Private John Warwick, Co. " B," 43d N. C. Troops. Charge — Desertion. FINIUNG. Of the specification, Guilty. Of the charge, * Guilty. SENTENCE. To receive thirty-nino lashes on his bare back, in presence of the brigade to which hs belongs, and that he then be sent to Richmond and put to his trade, shocmaking, for the balance of the war, wearing at the same time a ball and chain weighing twelve pounds, attached to left leg; and the court is thus lenient on account of his age and extenuating circumstances. Case 8. Private Lorenzo D. Williams, Co. " F,'"' 45th N. C. Troops. Charge — Desertion. FINDING. Of the specification, Guilty. Of the charge — not guilty of desertion, but guilty of absence without leave. SENTENCE. To hard labor, with ball and chain weighing twelve pounds attached to left leg, every alternate ten days, for sixty days, and to be in close confinement the intervals. Case 9. Private John S. Wilson, Co. *' F," 45th N. C. Troops. Charge — Desertion. FINDINO- Of the specification, Guilty. Of the charge — not guilty of desertion, but guilty of absence without leave. 3 34 8ENTEKCE. From the evidence before the court, doubting whether the prisoner was of sound mind at the time, declines to award any punisnment. The court being convinced, froin the evidence before it, that the pri- soner is unlit for military service on account of occasional fits of mental derangement, do therefore recommend that he be discharged the service. Case 10. David Holly, Co. *' D," oOth North Carolina troops. Chargk — Desertion. FINDING. Of the specification, Guilty. Of the charge, Guilty. SENxrHCi:. To receive fifty lashes on his bare back, and be branded in the left hand with the letter " D,"' in presence of the brigade to which he be- longs; and to be in cloae confinement for thirty days, the first and last ten days on br^ad and water; and the court declares thai it is more lenient than it otherwise would be, on account of the lux discip- line at Camp Mangum, at the time of the desertion of the accused. Case 11. Private Bryant Knott, Co. " D," 45th North Carolina troops. Cii.vuGE — Absence without leave. SFNTEXCE. To forfeit all pay now due him, and to be in close confinement for thirty days, the first and last ten on bread and water; and the court is thus lenient on account of the inability of the prisoner to bear heavier punishment. Case 12. Private George W. Nelson, Co. *' D," 45th N. C. troops. Chaugi; — Absence without leave. SENTLNCE. To tlfirty days close confinement, the first and last, and ten days on bread and water. Case 13. Private Milton Fulp, Co. '^ B," 45th N. C. T. * Cii.vKGE. — Absence without leave. SENTENCE. To fourteen days solitary confincuent, on bread and water, to bo bucked at the beginning of each week of this time in presence of his regiment, on dress parade. Case 14. Private John W. Earlcs, Co. '' G," 50th N. C. T. Cn.MUiE — Desertion. FINOING. Of the specification, Guilty. Of the charge, Guiliy. SENTENCE. To receive twenty lashes on his bare back, to be branded in the left hand with the letter " D," and to be in solitary confinement on bread and water for fourteen days. Case 15. Lieutenant John Davis, 32d N. C. T. CiiAUGE Ist — Disobedience of orders. Charge 2d — Conduct prejudicial to good order and military dicipline. 35 FINDING. V)f (specification of first charge, Not Guilty. Of first charge, Not Guilty. Of first spccificntion of second charj:c, Not Guilty. Of second specification of second charge, Not Guilty. Of third specification of second charge. Guilty. Of second charge, Guilty. SENTENCE. To he reprimanded by his colonel in presence of the officers of the regiment to which he belonirs. Case 16. Private William Watter.-?, Co. " G," 50th N. C. T. 'Charge — Absence ^^•ithout leave. FINPING. Of the specification, Guilty. Of the charge, Guilty. SENTENCE. To hard lal.or for six nror;ihs, ■with bnll and chain weighinj^ twelve pounds attached to his left k>g, and to be bucked every Sunday during^ this time^ in presence of the regiment, either at inspection, or di^ss,, parade. Case 17. Private Berry B. Hardin, C6. "I," SOth N. C. Trccps. Charg;: — Absence without leave. SENTENCE. To fourteen days solitary confinement on broad and wa-teiv Case 18. Private Jasper" Thomas, Co. " F," 50th N. Q. Troops.. Ch. roe — Desertion. FIFDING. Of the specification, 'Guilty, Of the charge, Guilty. sentence. To receive thirty-nine lashes on Kis bare backj to be branded in tho left hand with the letter " D," and to be put to hard labor for six months, on government work, with ball and chain weighing twelve pounds, attached to his left leg. Case 19. Private George II. Montfdrd, of Captain William 1. Dab- ney's heavy field artillery. f CHvncE 1st — Absence without leave. Charge 2d — Conduct prejudicial to good order and military discipline. FINDING. Of the specification of the second charge, Not Guilty. Of the second charge, Not Guilty. The court being of opinion that the accused has suflfored sufficient punishment already, declines awarding any punishment on the first charge. Case 20, Lieutenant Jesse L. Ferguson, 32d N. C. Troops. Charge 1st — Disobedience of orders. Charge 2d — Conduct prejudicial to good order and military discipline. 36 FINDING. Of ihe specification of first charge, Not Guilty. Of first charge, Not Guilty. Of first specification of second charge, Guilty so far as taking- Birdsong to go to IIalf^^■ay Station. Of second specification of st^cond charge, Guilty of inciting Birdsong and Griffin to Halfway Station. Of third specification of second charge, Guilty. Of fourth specification of second charge, Not Guilty, Of second charge. Guilty. SENTENCE. • To be suspended from command and pay for one month. II. The proceedings, findings and sentences in the cases of privates Andrew Miller. Co. " F," 32d regiment N. C. Troops, and John S. Wilson, Co " F," 45th regiment N. C. Troops, are approved, Tho prisoners will be released and returned to duty. The proceedings and sentences in the cases of privates Jeremiah E. Moore, Co. '* I," Bryant Knott and George W. Nelson of Co. * D," and Milton Fulp, of Co. '' B," 45th regiment N. C. Troops, Benjamin P. Harding, Co. "I," 50th regiment N. C. Troops, and George H. Montford, of captain W. I. Dabney's heavy field artillery, ere disapproved, because of the courts making no finding, and of the introduction of evidence on the part of the prosecution upon the plea of guilty. The prisoners will be released and returned to duty. The proceedings, findings and sentences in the cases of Lieutenant John Davis and Jesse L. Ferguson, 32d N. C. Troops, and private William Watters, Co. " G." 50th N. C. Troops, are disapproved, be- cause the officer preferring the charges was a member of the court sitting on the trial. They will be released and return to duty. The proceedings, findings and sentences in the cases of privates William T. Jordan, Co. "IT," and John Warwick, Co. •^' B," 43d regiment N. C. Troops, L. B. Seymour, Co. ''E," John W. Earles, Co. ''G," David Holly, Co. " D," and Jasper Thomas, Co. '_' F," 5:]th regiment N. C. Troops, George Sams, and Lorenzo D. Williams, of Co. " F," and James Hill, of Co. " A," 45th regiment N. C. Troops, are approved. The sentences will be duly executed. % By command of Major General G. AV. Smith. SAMUEL W. MELTON, Major and A. A. General. HEADQUARTERS, RICHMOND, January 16, 1863. General Orders, ) No. 5. i I, Further proceedings of the General Court Martial, convened at Richmond, by virtue of General Orders, No. 7, October 11th, 1862, from these Headquarters, in continuation of General Orders No. 19, of 1862, were arraigned and tried, the following, (The spe- cifications, being minute and long, are omitted.) Case 2. Private Isaac Hall, Co. " C, " 18th Va. Battalion Heavy Artillery. Charge — Disobedience of orders. FINDING AND SENTENCE. The court confirms the plea of guilty, but in consideration of the evidence, (no intention to violate orders having appeared,) and his previous good character having been established, the court doth adjudge that the accused, private Isaac Hall, go without punish- ment. Case 3. Private AVillis Brown, Co. " A, " 18th Bat., Ya. Heavy Amllery. Ch.vrge — Conduct prejudical to good order and military disci- pline. FINDING. Of the specification, . Guilty. Of the charge. Guilty. SENTENCE. To three months hard labor, and forfeiture of three months' pay. Case 4. Sergt. Andrew H. Thompson, Co. " C, " 18th Bat. Va. Heavy Artillery. Carge IsT — Drunkeness. Charge 2d — Conduct prejudicial to good order and military dicipline. finding and sentence. The court confirms the pleas of guilty, and sentences accused to be reduced to the ranks and to forfeit one mouths' pay. Case 5. Private Jeremiah Farrisee, Co. *' A, " 10th Bat. Va. Ileavj Artillery. v Charge — Desertion. finding. Not guilty of desertion, but guilty of absence without leave. SENTENCE. To forfeiture of three months' pay. 38 Case 6. George Vv'. Sturgeon, Co. ♦' D, " 19th Bat. Va. Heavy Ar- tillery. CuAnnF, — Desertion. F1NDI>G. Of the specification — (uiilty, so far as the fact th:it after enlisted as a substitute, he was absent from his company without leave, from the 31st day of August, I8G2, to the 3d day .of September, 1862. Of the charge — Not g«ilty, but guilty of absence without leave. SKNTr.NCK. The court, in consideration of the fact that the prisoner has been kept in close confinement for nearly two months, and the further fact of his former good behavior antl iiis present bad health, award no punish- ment. Case 7. Private John T. Hill, "Montgomery True Blues," Lighi Artillery. Ch\rc:e — Absence without l^ave. FIi\D.ING. Of the specification, Guilty. Of the charge. Guilty. SENTKNCE. To hard labor for one month, and forfeiture of two m mtbs' pay. Case 8. Private Stephen B. Thayer, Co. " B, " 18th Bat. Va. Heavy Artillery. Charge — Conduct prejudicial to good order and military dis- cipline. FINDING. Of the specificiition. Guilty. Of the charge. Guilty. SENTENCE. To one months' hard labor, anath by musketry, at a time and pUce to be specified by the couimandini; general. Case 31. Capt. T. M. Browne, 2d Florida Regiment. Charge 1st— Conduct unbecoming an officer and gfntleinan. Charge 2d— Conduct prejudicial to good order and military discipline. FINDING. . • Of the specification, of 1st charge, ^^]]^y- Of 1st charge, ^u. ty. Of specification of 2d ch.nrge, . X"- ^' Of 2d charge, ^^'^'y- SENTENCE. To be dismissed from the service of the Confederate States. II. The proceedings and findings in the cases of Captain 1. M. Browne, 2d Florida regiment. Lieutenant G. B. Thompson, Ist lexas regiment, privates Isaac Hall, Co. "C," and Stephen B rhnyer, Co. " B " 18th Battalion Virginia Heavy Artillery, George W. Sturgeon, Co. -D" and John F. Roberts, Co. " C," 19th Battalion Virginia ITeaw Artillery, J. T. Vaughan, and James ILisborough Co. " i>,^^ 10th Battalion Virginia Heavy Artillery, and J. M. Sabalot, Co. 'U 44 5th Louisiana regiment are approved. The officers ^vill bo released from arrest, and the privates released and returned to duty. The proceedings, finding and santence in the case of private Willis Brown, Co. 'A," 19th Jiattalion Virginia Ilavy Artillery, are disap- proved. The evidence though exciting a grave suspicion, does not sustain the charge. The prisoner will be released and returned to duty. 'i he proceedings, finding and sentence in the ca>c of private Ste- phen B. Thayer, Co. " B," 18th Battalion Virginia Heavy Artillery, are disapproved ; the officer preferring the charges being a member of the court, and sitting on the trial of the case. The prisoner -will be released and return to duty. , > The proceedings in the case of Lieutenant R. II. Bayliss, "Alexan- dria Light Artillery," are disapproved ; proceedings having been had on the trial, in the absence of the accused, at which he had the right to be present. Lieutenant Bayliss v.ill be released from arrest, and returned to duty. The proceedings, finding and sentence in the case of private Albert Dreyspring, " Montgomery True Blues," Light Artillery, arc disap- proved. . The charge of meeting is not sustained by the evidence. The punishment imposed is for all the offences of which the accused is found guilty. It is impossible to ascertain what portion of punishment is awarded to particular offences ; and, however much it is to be regietted that the prisoner should escape punishment for the very serious offences of which he is clearly guilty, he must be released and return ;d to dut/. The proceedings, finding and sentence in the case of Sergeant Andrew II. Thompson, Co. " C," 18th Battalion Virginia Heavy Ar- tillery, are approved. The sentence will be duly executed. The offences to which the accused has pleaded guilty, and for which he is thus punished, are venial compared with those committed by the officers in keeping liquor in their tents, in violation of the express orders of the Secretary of War. It is not an excuse for him that the liquor by which he was intoxi- cated was given to him by these officers, but their conduct deserves grave eensure. I'roper discipline, upon which so much depends, can only be preserved by officers setting example as well as seeking to enforce it. The proceedings, finding and sentence in the case of Captain T. M. Browne. 2d Florida regiinent, are approvetl. Captain T. M. Browne ceases from this day to be an officer in the Provisional Army of the Confederate i^tates. The proceedings, findings and sentences in the cases of privates Jeremiah Farrisee, Co. "A," N. M. Emory, and E. T. Williams, Co. " E," lUth Battalion Virginia Heavy Artillery, John Lambert, and Samuel Tucker, Co. " B," and T. N. Johnson, Co. '' D," 2i)th Bat- talion Virginia Heavy Artillery, John Battcrson, Co. " B," Robert Hight and Richard W'illiams, Co. " D," tind C. H. Balmer, Co. '' C," 18th Battalion Virginia HeaVy Artillery, John Mclutyre, Co, '«E," 45 and John F. Roberts, Co. *' C," 19th Battalion Virginia Heavy Ar- tillery, John T. Hill, *' Montgomery True Blues,*' Artillery, John Sheehan, Co. " L," 4Gth regiment Virginia Infantry, and P. M. Mc- Laughlin, loth Louisiana regiment arc approved. The sentences will be duly executed. The proceedings, finding and sentence in the case of private George Steel, Co. " L," 59th Virginia Infar.try, are approved. The sentence will be duly executed. The flogging will be inflicted in the presence of his regiment, at the promulgation of the sentence. The proceed- ings, finding and sentence in the case of private IL T. Townsend, Co. " E," lOth Battalion Virginia Heavy Artillery, are approved. The sentence will be duly executed. The flogging will be inflicted in the presence of his battalion, at the promulgation of the sentence. The proceedings, finding and sentence in the case of private Dan Kennedy, Co. " C," lOlh Battalion Virginia Heavy Artillery, are approved. The sentence w 11 be duly executed at battery No. 2, of the Richmond defences, between the hours of 10 o'clock A. M., and one o'clock P. M., of the 30th day after the receipt of this order, by the commanding officer of his battalion. Colonel T. S. Rhett, com- manding Richmond defences, is charged with the execution of this order. By command of Major General G. W. Smith. SAM'L W. MELTON, Major and A. A. GenrraL ITEADQURTEUS, RIv'IlMOND. •Janu:iry 20, 1863. General Orders, No. G. Further proceedings of the General Court Mnrtial, convened at Richiiiorid, hy virtue of General Orders, No. 7, October 11. I8G2, from these Iloadcjuiirters, in continuation of General Order.s, No. 5, current peries. AVere arraigned and tried the following: (The speci- fications being long and minute arc omitted:) Case 35 Private Thomas P. Jones, ^Company *-C," ISih BattalioQ Virginia Heavy Artillery. Ch.vrge — Desertion. ^ FINDING. , Of the specification. Guilty. Of the charge, not guilty of desertion, hut guilty of absence without leave. ."SENTENCE. To six months hard labor, two months of that period Avith ball and chain, and to forfeiture of six months pay. Case 3G. Private J. E. Gates, Co. "C,'" 1 8th Battalion Va. Heavy Artillery. CnARGc — Desertion. FINDING. Of tlie specification. Guilty. - Of the charge, not guilty of desertion, but guilty of absence without leave. SENTENCE. To six months' hard labor, two months of that period with bull and chain, nnd to forfeiture of six months' pay. Case 37. IVivaie George Sergent, Co. " P>," 19th Battalion Virgi- nia Heavy Artillery. CuAKGE — Desertion. Ft.VDING. Of the specific lion. Guilty-. Of the charge, Guilty. ' FENTEyci:. To four months' hard labor, one month with ball and chain, nnd to forfeiture of pay for a period of four months, and the court is thus lenient for reasons which will appear to the reviewing authority in the evidence. Case 38. Private Jesse Edds, Co. " D," 18th Battalion Va. Heavy Artillery. Charge — Desertion. 47 FINDING. Of the specification, Guilty. Of the charge, Not guilty of desertion, but guilty of absence without leave. SENTENCE. To forfeiture of pay for a period of two months. Case 39. Private C. H. Kent, Company " D,'' 18th Battalion Va, Heavy Artillery. Charge 1st — Desertion. Charge 2d — Conduct prejudicial to good order and military dis- cipline. FINDPG. Of specification of 1st charge, Guilty. Of 1st charge, not guilty of desertion, but guilty of abi>enco without leave. Of specification of 2d charge, Guilty. Of 2d. charge, Guilty. SENTENCE. To fo'Vfeiture of pay proper for the war, to six months' hard labor with ball and chain, and to wear a placard with the word- "former," legibly printed thereon, for a period of six months. • Case 40. Private John Wharton, "Caroline Light Artillery." Charge — Desertion. FINDING. Of specification, Guilty of as much as implies absence without leave. Of charge. Not guilty of desertion, but guilty of absence with- out leave. SENTENCE. To four months' forfeiture of pay, 'and two months' hard labor with ball and chain. Case 41. Private Ira D. Seal, ''Caroline Artillery." Charge — Desertion. FINDING. Of the specification, Guilty. Of the charge. Guilty. sentence. To forfeiture of pay for twelve months, and to hard labor with ball and chain for a period of six months. Case 42. Private J. II. Vaiden, Co. "C," 18th Battalion Va. Ileavy Artillery. Charge — Absence without leave. FINDING. Of the specification. Guilty. Of the charge, Guilty. SENTENCE. To forfeiture of pay for a period of six months, and to hard labor with ball and chain for the period of three months. Case 43. Private J. W. Mitchell, Co. "C," 18th Batt. Va. Heavy Artillery. 48 Charge — Absence without leave. FINDING. Of the specification, Guilty. Of the ch-.irge, Guilty. SENTF.NCF,. To forfeiture of pay for the period of six months, and to hard labor with ball and chain for a period of three months. Case 44. Private \Vm. Sheffield, Co. " E," 18ch Battalion Virginia Heavy Artillery. Charge — Absence without leave. FINUING. Of the specification, Guilty. Of the charge, Guilty. SENTENCE. To forfeiture of pay for six months, and to hard labor with ball and chain for three months. Case 45. Private E. A. Scribner Co. "C," 18th Battalion Virginia Heavy Artillery. Charge — Desertion. jH FINDING. (IT the specification, Guilty. Of the charge, Not guilty of desertion, but guilty of absence w-ithout leave. SENTENCE. To forfeiture of pay for six months, and to hard labor with ball and chain for three months. Case 4G. Private Edward McCullooh, Company " C," 18th Bat- talion Virginia Heavy Artillery. Charge — Desertion. FINDING. Of the specification, * Guilty. Of the charge, IS'ot guilty of desertion, but guilty of absence without leave. SKNTENCE. To forfeiture of pay for six months, and to hard labor with ball and chain for three momths. Case 47. Private William sorrell, " Caroline Artillery." Charge — Desertion. FINDING. Of the specification, — Guilty of so much as implies absence with- out leave. Of the charge, — Not guilty of desertion, but guilty of absence without leave. SENTENCE. To forfeiture of pay for four months, and to hard labor with ball and chain for the same period. Case 48. Private A. B. Wharton, " Caroline Artillery." Charge — Desertion. FINDING. Of the specifiaation, — Guilty, except all that comes aWer the words, "he also expressed," &c. 49 Of charge, Guilty. SExNTENCE. To forfeiture of pay for twelve months ; to hard labor with ball and chain for six months; and after the last, to confinement for twenty- eight days on bread and water, in periods of fourteen days, with an interval of fourteen days. Case 49, Lieut. W. II. Kemper, ^'Alexandria Light Battery." Charge 1st. Absence without leave. Charge 2d — Conduct prejudicial to good order and military discipline. FINDING. Of specification of Ist charge, Not guilty. Of 1st charge. Not guilty. Of specification of 2d charge, Not guilty. Of 2d charge, Not guilty. And the accused was therefore acquitted. Case 50. Private C. It. Albright, " Montgomery True Clues." Charge — Desertion. FINDING. Of the specification, — Guilty, with the exception of the clause commencing with the words, " who apprehended him," &c. Of the charge. Guilty. SENTENCE. To be branded with the letter " D," on the hip, to have his head shaved, to be drummed out of the service to the tune of rogues' march ; to receive ten licks with a paddle, at a time and place to be epecified by the commanding general, and to forfeit all pay and allow- ances that may be due him by the Confederate Government. II. The proceedings, finding, and sentence in the case of Lieut. W. H. Kemper, "Alexandria Light Artillery," are approved. Lieut. Kemper will be released from arrest and return to duty. The proceedings, finding, and sentence in the case of Private C. H. Albright, " Montgomery True Blues, are approved. The sentence will be duly executed in the presence of his company, at the pioraul- gation of this order. The proceedings, findings and sentences in the cases of privates Thomas P. Jones, J. E. Gates, J. H. Vaiden, J. W. Mitchell, Wm. Sheffield, E. A. Scribner and Edward McCulloch, Co. " C," Jesse Edds and C. II. Kent, Co. *'D," 18th Battalion Virginia Heavy Ar- tillery; George Sergeant, Co. " B," 19th Battalion Virginia Ileavy Artillery; John Wharton, Ira D. Seal, Wm. Sorrel and A. B. Whar- ton, " Caroline Light Artillery," are approved. The sentences Mill be duly executed. By command of Major General G. W, Smith, SAMUEL' W. MELTON, Major and Assistant Adjutant Gei'eral, HEADQUARTERS DEPARTMENT OF ITENRICO, Ricbraoud, Va., January 20, 1863. i GENERAL ORDERS No. 1. I. At a General Court Martial, convened in this city, pursuant to paragraph II, General Orders, No. 35, Ilcadquerters Department of Henrico, November 6th, 1862, were arraigned and tried : • *****•• Case 74. First Lieutenant Charles Hunt, of Captain Dabney's Cosopany Heavy Artillery. Charge — Disposition of intoxicating drink. FINDING. Of the specification, Guilty, Of the charge, Gmlty. SENTENCE. The said Lieutenant Charles Huiit to be suspended from rank, pay and emoluments for the space of two months ; and the court do confiscate the liquor seized. Case 75. William H. Travers, a citizen. Charge — Selling intoxicating drink. * To which charge the accused pleaded Guilty. SENTENCE The court having confirmed the accused's plea of guilty, do sen- tence him to pay a fine of one hundred dollars, and to be imprisoned until said fine be paid ; and the court do confiscate the liquor seized. Case 7G. Charles Rouselot, a citizen. Charge — SelHnf' intoxicatinji drink. To wlych charge the accused pleaded Guilty. sentence. The court having confirmed the accused's plea of guilty, do sen- tence the said Charles Rouselot to pay a fine of one hundred dollars, and to be imprisoned until said fine be paid; and the court do confis- cate the liquor seized. Case 77. William Ready, a citizen. Charge — Disposition of intoxicating drink. finding. Of the specification. Not guilty. Of the charge. Not guilty. And the court do therefore acquit the accused. Case 78. Richard Morien, a citizen. Chvrge — Disposition of intoxicating drink. 51 • FINDING. Of tlie specification, Not Guilty. Of the charge, Not Guilty. ' And the court do therefore acquit the accused. Case 79. John T. West, a citizen. Charge — Selling intoxicating drink. To which charge the accused pleaded Guilty, SENTENCE. The court having confirmed the accused's plea of guilty, do sen- tence him to pay a fine of two hundred dollars, and to be imprisoned until said fine be paid; and the court do confiscate the liquor seized. Case 80. Private Henry S. Jones, Whittington's Artillery. Charge — Desertion, FINDING. Of the specification, Guilty. Of the charge. Guilty. SENTENCE. The said private Henry S. Jonc3 to receive twenty-five lashes upon his bare back, at Camp Lee; to wear at said camp a barrel jacket, with the word " deserter" written thereon, two hours each day for one- month, and to forfeit his pay for one month. Case 81. James Kelley, a citizen: Charge — Selling intoxicating drink. FINDING. Of the specification, Guilty. Of the charge, Guilty. • SENTENCE. The said James Kelley to pay a fine of ten dollars, and to be im- prisoned until said fine be paid. Case. 82. Francis Myring, a citizen : Charge — Selling intoxicating drink. FINDING. On the Ist specification of charge. Guilty. On the 2d specification of charge, Guilty.. On the charge, Guilty. SENTENCE. The said Francis Myring to pay a fine of fifty dollars, and to ho imprisoj^d until said fine be paid; and the court do confiscate the liquor sffzed. Case 83. Second Lieut. John B. York, Company D, 45th North. Carolina Regiment: Charge — Absence without leave. ' To which charge the accused pleaded Guilty. SENTENCE. The court having confirmed the accused's plea of guilty, do sentence' Iwm to be dismissed from the Confederate service. Case 84. Private M. Hagan, Company H, 9th Georgia Regiment ; Charge — Forgery. FINDING. On the 1st specification of charge, Guilty. 52 On the 2d specification of charge, Guilty^ * On the charge, Guilty. SINTENCE. The said Priva'e M. Hagan to one month's extra duty; to forfeit one month's pay, and to wear a barrel jacket two hours each day for one month, with the word ** fraud '' written on the barrel. Case 85. Mrs. Ellen Hayes, a citizen : Charge — Selling intoxicating drink. To which the accused pleaded Guilty. SKNTENCE. The court having confirmed the accused's plea of guilty, do sentence her to pay a fine of ten dollars, and to be imprisoned until said fine be paid ; and the court do confiscate the liquor seized. Case 86. Private Andrew Redden, Company C, 53d North Caro- lina Regiment: Change Ist — Desertion. Charge 2d — Leaving post before regularly relieved. FINDING. Of the 1st specification of 1st charge. Guilty. Of the 2d specification of 1st charge. Guilty. Of the 1st charge, Guilty. Of the specification of 2d charge, Not guilty, but guilty of leaving guard before regularly relieved. '"Of the 2d charge, Not guilty, but guilty of leaving guard before regularly relieved. SENTENCE. The said Private Andrew Redden to receive twenty-five lashes upon his bare back ; to be confined at hard labor for six months, and to forfeit his pay for nine months. Case 87. Private Frederick Keck, Captain John F. Wren's Cavalry Company : Charge — Desertion, FINDING. Of the, specification. Guilty. Of the charge, , Guilty. SENTENCE. The said Private Frederick Keck to one month's extra duty,^d one month's forfeiture of pay. W Case 88. T. S. Ilayme. Charge — Selling intoxicating drink. FINDING. Of the specification, Guilty. Of the charge. Guilty. SENTENCE. And it appearing to the court that the accused was a soldier, they sentenced him to one month's forfeiture of pay; to one month's extra duty, and to two weeks confinement in the guard-house. Case 89. Private W. J. Walker, President's Guard. Charge — Desertion. S3 FINDING. On the specification of charge, not guilty ; but guilty of absence without leave. On the charge, not guilty ; but guilty of absence without leave. SENTENCE. The said private W. J. Walker to one week's close confinement on bread and water, and to one month's forfeiture of pay. Case 90. Colin Kitchen, a citizen. Charge — Selling intoxicating drink. FINDING. Of the specification, Guilty. Of the charge, Guilty. SENTENCE. The said Colin Kitchen to pay a fino of five dollars, and to be im- prisoned until said fine be paid. Case 91. Private Frank Taylor, Co. ** E," 40th Va. Cavalry. Charge 1st — Insubordination. Charge 2d — Desertion. Charge 3d— Theft. FINDING. Of the specification of first charge, Guilty. Of the first charge. Guilty. Of the specification of second charge. Guilty. Of the specification of third charge, guilty, excepting the word ''pistols." Of the third charge, Guilty. SENTENCE. The said private Frank Taylor to be first branded on the right hip with the letter " D," an inch and a quarter long ; then to receive fifty lashes upon his bare back, well laid on, and to be confined at hard labor for twelve months, wearing a ball and chain ; and to forfeit all pay and alloA-ances that are now due or which may become due to him during the said twelve months. Case 93. Sergeant William Prosser, captain Reed's company Presi- dent's Guard. Chauge — Violation of 99th article of war, C. S., and conduct to the prejudice of good order and military dicipline. FINDING. Of the specification, Guilty. Of the charge, Guilty. SENTENCE. The said sergeant William Prosser to be confined one month to the limits of his station, except when on duty. II. The proceedings, findings and sentences of the court in the foregoing cases are hereby approved, and the sentences will be exe- cuted, with the exceptions hereafter named. III. The proceedings and findings of the court in the cases of Willftira Ready and Richard Morien, arc approved, and they are hereby discharged. 54 IV. The proceedings, findings and sentences of the court, in the case of Lieutenant John B. York, are hereby approved ; but taking into consideration the good character of the accused, the mitigating ciicumstances of the case, and the recommendation of the court, the sentence is remitted, and Lieutenant York will report for duty to his commanding officer. **♦**#•* By order of Brigadier General John IL Winder, commanding department. J. W. PEGllAM, A. A. General^ HEADQUARTERS DEFT OF HENRICO, Richmond, Va., January 31, 1863. EXTRACT. General Orders, No. 3. I. At a General Court Martial convened in the city of Richmond pursuant to parac^raph II, General Orders, No. 35, " Headquarters Department of Henrico, November 6tli, 1862," were arraigned and tried. Case 94. Private Charles A. Johnson, Goochland Light Artillery. Charge — Desertion, FINDING, Of the specification, Guilty. Of the charge. Guilty. SENTENCE. The Said Private Charles A, Johnson to be confined one month, wearing a barrel jacket, with the word ** deserter" written thereon, two hours each day for the said month, and to forfeit all pny from the time of his desertion, until the first of February, eighteen hundred and sixty-three. The court is thus lenient in its sentence in consequence of the ill- health of the accused. Case 95. Sergeant T. W. Saunders, Co. " K," 1st Regiment Lou- isiana Volunteers. Charge — Desertion. FINDING. Of the specification, Guilty. Of the charge. Guilty. SENTENCE. The said Sergeant J. W. Saunders to be remanded to his regiment, and reduced to "the ranks, to wear a barrel jacket with the word "deserter" written t'.ereon, two hours each day for two months, to perform one months' extra duty, and to forfeit three months' pay. Case 96. James II. Baily, Co. " D," 46th Virginia Regiment. Charge — Desertion. FINDIWa. Of the specification, Guilty. Of the charge, Guilty. SENTENCF. The said James II. Baily to be remanded to his regiment, and there receive fifteen lashes upon his bare back, to perform extra duty for one month, and to forfeit three months' pay. Case 97. Private B. F. Shifflett, Co. " D," 46th Virginia Regiment. Charge — Desertion. FINIMNG. Of the specification, Guilty. Of the charge, Guilty. .SFNTTNCE. The said Private B. F. Shifflett to be remanded to liis regiment, and there receive fifteen lashes upon his bare back, to perform extra duty for one month, and to forfeit three months' paj'. Case 08. Private W. W. Wolf, Co. " K," 48th N.- C. Regiment. Charge — Desertion. FINDING. Of the specification. Guilty. Of the charge, Guilty. SENTENCE. The said Private W. W. Wolf to be remanded to his regiment, and there receive twenty-five lasbes upon his bare back, to perform one months' extra du'y, and to forfeit one months' pay. Case 99. Private Thomas Givens, Co. " F," 4*8th North Carolina Regiment. Charge — Desertion. FINDING. Of the specification, Guilty. Of the charge, ' Guilty. SENTENCE. The said Private Thomas Givens to be remanded to his regiment, and there receive twenty-five lashes upon his bare back, to perform one months' extra duty, and to forfeit one months' pay. Case 100. Private Benjamin Brogees, Co. " L," 10th Virginia Regiment. Charge — Desertion. FINDING. Of the specification. Guilty, Of the charge. Guilty. SENTENCE. The said Private Benjamin Brogees, to be remanded to his regi- ment, and there receive twenty-five lashes upon his bare back, to per- form one months' extra duty, and to forfeit six months' pay. Case 101. Private John Fletcher, Co, ** K," 48th North Carolina Regiment. Charge — Desertion. FINDING. Of the specification. Guilty, Of the charge, Guilty. sentence. The said private John Fletcher to be remanded to his regiment, and there receive twenty-five lashes upon his bare back, to perform one month's extra duty, and to forfeit one month's pay. Case 102, Private John James Co. *' K," 48th N. C. regiment. 57 Charge — Desertion. FINDING. Of the specification Guilty, Of the charge, guilty. SENTENCE. The said private John James to be remanded to his regiment, and there receive twenty-five lashes upon his bare back, to perform one month's extra duty, and to forfeit one month's pay. Case 103. Private N. C.Saunders, Co. " F," 48th N. C. regiment. Charge — Desertion . FINDING. Of the specification, Guilty. Of the charge, Guilty. SENTENCE. The said private N. C. Saunders to he remanded to his regiment, and there receive twenty-five lashes upon his bare back, to perform one month's extra duty, and to forfeit one month's pay. Case 104. Private J. T. Ilines, Co. "D," 57th Va. regiment. Charge — Desertion. FINDING." Of the specification Guilty. Of the charge, Guilty. sentence. The said private J. T. Ilines to be remanded to his regiment, and there receive twenty-five lashes upon his bare back, to perform one month's extra duty, and to forfeit five months' pay. Case 105. Private Micheal Kierans, '-Letcher Artillery." Charge — Desertion. FINDING. Of the specification, Guilty. Of the charge, Guilty. SENTENCE. The said private Micheal Kierans to be shot to death by musketry* at such, time and place as may be designated by the Commandant of the Department of Henrico, two thirds of the members of the court concurring in said sentence. Case 106. Private John Payne, Co. " K," 48th N. C. regiment. Charge — Desertion. FINDING. Of the specification, Guilty. Of the charge, Guilty. SENTENCE. The said private John Payne to be remanded to his regiment, and there receive twenty-five lashes upon his bare back, to perform one month's extra duty, and to forfeit one month's pay. Case 107. Private William RiLgold, Co. " E," 14th La. regiment. Charge — Desertion. , FINDING. Of the specification, . Not Guilty. Of the charge, Not Guilty. 58 And the court do therefore acquit the accaeed. Case 1118. Private Mathew Maloney, Co. " C," 10th La. regiment. Charge — Assault and robbery. FINDING. Of the specification, Not Guilty. Of the charge. Not Guilty. And the court do therefore acquit the accused. Case 109. Private William Green, ''President's Guard," Captain Reed'e Company. CuAnGF. — Desertion. FINDI>G. Of the specification, Guilty. Of the charge. Guilty. SKNTENCE. The said private William Green to be closely confined, and to be fed on bread and water for the space of one week, to wear a barrel jacket with the word " Deserter" written thereon two hours each day for the space of one month, and to perform extra duty for the space of one month, and to forfeit his pay for the space of two months. The court desire it to be understood that the leniency of the fore- going sentence is solely on account of the youthfulncss of the accused. Case 110. Corporal Thomas Williams, Co. " C," 1st La. Regiment. CnARGK — Desertion. MXUIKG. Of the specification, Guilty. Of the charge, • Guilty. SFNTENCE. The said Corporal Thomas Williams to receive fifty lashes, and that he do wear a barrel jacket, with the word "deserter" printed thereon, two hours each day for the space of two months, and that he do forfeit his pay for the space of three months. Case 111. Private William Allen, Captain Reed's Company, "Presi- dent's Guard." Charge — Desertion. riWDINCr. Of the specification. Guilty. Of the charge. Guilty. SENTENCIS. The said William Allen to receive two dozen spanks with a paddle on his bare skin, and to be confined and fed on bread and water for the space of one week. Case 112. William Murray, Alabama Conscript. Charge— Theft. KINDINC. Of the specification, Guilty. Of the charge, Not guilty. But the court do find the said Private William Murray guilty of conduct to the prejudice of good order and military discipline. SENTENCE. The said William J. Murray to perform extra duty for the space of 59 one week, he having been confined in Castle Thunder since the 30th day of November, 1862. Ca'se 113. Private C. W. Tankersley, '^Crenshaw Battery." Charge — Desertion. FINDING. Of the specification, Guilty. Of the charge, Guilty. SENTENCE. The said Private C. W. Tankersley to wear a placard with the word "deserter" <^ritten thereon, seated on one of the guns of his battery, two hours each day, for the space of two months, ancl to perform extra duty for the space of six months, and to forfeit his pay from the time of his desertion until the 1st day of June, 1863. *********** Case 117. Private James Broderick, "Letcher Artillery." Charge — Desertion. ^ FINniNG. Of the specification, Guilty. Of the charge. Guilty. SENTENCE. The said Private James Broderick to be shot to death by musketry at such time and place as may be designated by the Commandant of the Department of Henrico, two-thirds of the members of the court concurring in said sentence. Case 1 18. Private Thomas Bailey, Co. " D," 9th Va. Regiment. Charge — Desertion. FINDING. Of the specification, ^ Guilty. Of the charge, Guilty. SENTENCE. The said Private Thomas Bailey to be remanded to his Regiment, and there wear a barrel jacket with the word "deserter" written there- on two hours each day for one month, to perform one month's extra duty, and to forfeit one month's pay. Case 119. Private John Cox, Co. " B," 9th Va. Regiment. Charge — Desertion. FINDING. Of the specification, Guilty. Of the charge, Guilty. SENTENCE. The said Private John Cox to be remanded to his Regiment, and there wear a barrel jacket with the word "deserter" written thereon two hours each day for one month, to perform one month's extra duty, and to forfeit one month's pay. Case 120. L. Roesch, Capt. Esckleman's Company, "Washington Artillery." Charge — Desertion. FINDING. Of the specification, ^ Guilty. Of the charge, • Guilty. GC ?E>Tn^CE. The said L. Roescli to be remanded to bis Company, and tbere re- ceive fifty lashes upon bis bare back, and to forfeit nine month's pay. Case 121. Private J. 11. LcfTew, Co. "F," o9th \a. Regiment.' Cii.\rc;e — Desertion. FINDING Of the specification, Guilty. Of the charge, Guilty. SKTENCE. The said private J. R. Leffew to be remanded to his regiment and there wear a barrel jacket with the word " Deserter" written thereon, two hours each day for one month ; to be confined two weeks on bread and water ; to perform two months' extra duty, and to forfeit two months' pay. Case 122. Private James Vick, Co. " F, " 9th Va. Regiment. Charge — Desertion. • FINUJNG. Of the specification, Guilty. Of the charge. Guilty. SENTENCE. The said private James Vick to be remanded to his regiment and there wear a barrel Jacket with the word " Deserter" written thereon two hours' each day, for one month ; to be confined two weeks' on bread and Avater ; to perform two months' extra duty, and to forfeit two months' pay. Case 123. Patrick Riley, '' Whittington's Artillery. " Charge — Desertion. ^ FINDING. Of the specification, not guilty; but guilty of absence without leave. Of the charge, not guilty; but guilty of absence without leave. SENTENCE. The said I'rivate Patrick Riley is io be confined on bread and water for two weeks ; to perform one month's extra duty, and to for- feit one month's pay. Case 124. Private George Bland, Co. '' D, " 9th Va. Regiment. Charge — Desertion. FINDING. Of the specification, Guilty. Of the charge. Guilty. SENTENCE. The said Private George Bland to be remanded to his regiment, and there to wear a barrel jacket with the word " Deserter " written thereon, two hours' each day for one month ; to perform one month's extra duty, and to forfeit one month's pay. Case 125. Private Joseph O'Donohuc " Letcher Artillery. Charge — Desertion. FINDING. Of the specification, Guilty. Of the charge. Guilty. 61 SENTENCE. The said Private Joseph O'Donohue to be remanded to his company and there receive twenty-five lashes upon his back ; to perform one month's extra duty, apd to forfeit six months' pay. II. The proceedings, findings and sentences of the court in the foregoing cases are approved, and the sentences -will be executed. III. The proceedings and findings of the court in the cases of Privates William Ringold, Co. '*E, " 14th Louisiana Regiment, and Matthew Maloney, Co. '* C, " 10th Louisiana Regiment, are approved, and they will be returned to duty. IV. The sentences of the court in the cases of l^rivates Michael Kierans and James Broderick, " Letcher Artillery, " will be executed at Camp Lee, on Friday, February 6th, 18G3, between the hours of 8 A. M., and 3 P. M., under the direction of the Provost Marshal. By order of Brig. Gen, John H. Wlndf.r, commanding Department. J. W. PEGRAM, Assistant Adjutant General,