order from General Sturgis to the Officer of the Guard stated. that I should be required to remain in the guardhouse until I purge myself of contempt of court, and that I should not be allowed to have intercourse with anyone. After being kept in the guardhouse all day without anything to eat I made written request to General Sturgis that some provision be made to keep me from starvation.

Headquarters Department of the Missouri,

St. Louis, Mo., December 22, 1869.

Special Orders No. 239-Extract.

I-A General Court-Martial is hereby appointed to meet at Fort Leavenworth, Kan., on Monday, the 3d day of January, 1870, at 10 o'clock A. M., or as soon thereafter as practicable, for the trial of such persons as may be properly brought before it.

Detail for the Court.

Bvt. Maj.-Gen. Saml. I. Sturgis, Col. Seventh U. S. Cav.

Bvt. Lieut.-Col. Franklin E. Hunt, Maj. and Paymaster, U. S. A.

Bvt. Maj. David H. Brotherton, Capt. Fifth U. S. Inf.
Bvt. Lieut.-Col. John S. Poland, Capt. Sixth U. S. Inf.
Capt. Simon Snyder, Fifth U. S. Inf.

Bvt. Lieut. Col. David H. Buel, Capt. Ordnance Dept.
Bvt. Col. Albert Barnitz, Capt. Seventh U. S. Cav.
Capt. Chambers McKibben, Fifteenth U. S. Inf.
Capt. Geo. W. Yates, Seventh U. S. Cav.

Judge-Advocate, Byt. Col. Lewis Merrill, Maj. Seventh U. S.

Cav.

No other officers than those above mentioned can be assembled without manifest injury to the service.

Fort Leavenworth, Kan., March 12, 1870. The court being in session, pursuant to the foregoing order and its various adjournments, all of its members being present, Bvt. Col. Lewis Merrill, Maj. Seventh U. S. Cavalry, Judge-Advocate, then proceeded to the trial of Byt. Maj. Geo. A. Armes, Capt. Tenth Cavalry, who, being present in court, and having heard the order concerning the court, was asked if he objected to any member.

The accused then stated that he had only yesterday received notice that his case would come up today, and asked that delay be given him until Monday.

The Judge-Advocate stated that the accused had been here awaiting trial since the beginning of the court, and had long since had his charges, and had appeared before the court, and had all his witnesses summoned, and that nearly all of them were here; that

he had been notified by the Judge-Advocate that his case would come up at such time as the business of the court would permit, and that at that time his request that he should have three or four days' notice was refused, and it was explained to him that the business of the court was such that no such notice would be given him, but that he must be ready at any time that he should be called upon. This was some weeks ago.

Whereupon the court was cleared, and the request for delay refused.

The accused then desired to challenge all the members of the court and the Judge-Advocate.

The Judge-Advocate then read the Seventy-first Article of War, and informed the accused that the law forbade to even receive such a challenge, and that the court had no right to violate the law.

The accused then asked that Lieut. E. L. Randall, Fifth Infantry, be permitted to appear as his counsel in this case for the present.

Lieutenant Randall explained to the court that the accused had retained civil counsel in this case, and had not notified them that his case would come up this morning, and they were not here in consequence; that he was willing to advise the accused until they came, and then would withdraw.

The accused then objected to Capt. Geo. W. Yates, Seventh Cavalry, on the grounds that Captain Yates was prejudiced against the accused.

Captain Yates asked to withdraw, that he was prejudiced.

The court was then cleared, Captain Yates withdrawing, and after a deliberation, decided to sustain the challenge, and Captain Yates accordingly ceased to be a member of the court in this case. The accused objected to Bvt. Col. Albert Barnitz, Captain Seventh Cavalry, on the ground that Captain Barnitz has a strong prejudice against the accused.

The court was cleared, Colonel Barnitz retiring, and the challenge was not sustained.

The accused objected to Capt. Chambers McKibben, Fifteenth Infantry, on the ground that he had expressed himself to others unfavorably to the accused.

The court was cleared, Captain McKibben retiring, and the challenge was sustained.

The accused then objected to Capt. Simon Snyder, Fifth Infantry, on the grounds of prejudice.

The court was then cleared, Captain Snyder retiring, and sustained the challenge.

The accused then objected to Bvt. Lieut.-Col. David H. Buel, Capt. Ordnance Department, on the grounds of prejudice and that he had expressed an opinion unfavorable.

Ques. by J.-A. to Colonel Buel. Have you any knowledge of the matter now pending?

Ques. Have you ever formed or expressed any opinion whatsoever in regard to the matter against the accused?

Ans.

It is impossible that I should do so, for I have not the least idea of what the charges are.

Ques. Have you any bias or prejudice against the accused which will in the matter now pending prevent you from giving him a fair and impartial trial according to your oath and according to the evidence which may be adduced on the trial?

Ans. I feel confident that I have not.

The accused now stated that he could bring before the court the person to whom Colonel Buel had expressed the opinions unfavorable to the accused in the matter now pending, and desired that Colonel Buel be put on oath, in order that he might examine him about certain matters.

Bvt. Lieutenant-Colonel Buel was then duly sworn by the Judge-Advocate and put on his "voir dire."

Ques. by Accused. Have you ever expressed any opinion as to the guilt or innocence of the accused in the matter now pending?

The accused then stated that he had been told by a party that Colonel Buel had stated that he would not believe the accused on oath, and would vote for his dismissal if on a court, but that he declined to state who told him so or to bring the person before the court, and desired to question Colonel Buel as to his having expressed any such opinion. The court refused to permit the question until the accused should show grounds for believing that the

opinion had been expressed. (General Custer, who was one of the spectators in the courtroom, at once authorized me to call him before the court, as he saw I did not wish to give his name.) The

accused then stated that Gen. G. A. Custer is the person whose testimony can show that Colonel Buel said he would not believe the accused on oath.

Ques. by J.-A. to Colonel Buel-Have you ever stated that you would not believe the accused on oath, and would vote for his dismissal if on a court?

Ans. I have.

Ques. by Court. Notwithstanding the opinion you have formed of the credibility of the accused, can you fairly and impartially try him on the evidence and according to your oath? Ans. I feel confident I can do so.

The accused then stated that he had the same opinion of Colonel Buel, and had so expressed himself outside before he came in. I said that was also "my opinion of Colonel Buel, under oath, and I want that to go on the record."

The accused was checked by the president, and the court was cleared for deliberation, and, on being reopened, proceeded to his trial for contempt of court.

The members of the court were then duly and severally sworn according to law by the Judge-Advocate, and the Judge-Advocate duly sworn according to law by the president of the court, all of which was in the presence of the accused, who was then arraigned on the charge of contempt, and specification as follows:

In that Bvt. Maj. G. A. Armes, Captain Tenth Cavalry, an accused for trial before a General Court-Martial instituted by Special Order No. 239, Headquarters Department of the Missouri, of December 22, 1869, being in the presence of said court, preliminary to his (Armes') trial, while the matter of his challenge to Bvt. Lieut.-Col. David H. Buel, Captain Ordnance Department, a member of the court, was proceeding, did, in a menacing and contemptuous manner, say, "I would not believe Colonel Buel under oath. I expressed that opinion outside, before I came in. I want that to go on the record, too, as my opinion of Colonel Buel," referring in this to Bvt. Lieut.-Col. David H. Buel, Captain Ordnance Department, a member of the court, and in the hearing of, and intended to be heard by the court and the spectators, and to the contempt of the court and to the causing of disorder and the disturbance of the proceedings of the court.

But in spite of the insults offered and the vile action of the court I controlled my temper and submitted to the action of the court without a word, and was as respectful and submissive as if on duty.

Whereupon the accused said: "I do not wish to evade a trial by any means, but when I have been told by parties outside the

court that certain members of the court had expressed opinions. unfavorable to me, I thought it but justice to myself to object to them as members of the court.”

The court was cleared, and, after deliberation, found the accused, Bvt. Maj. Geo. A. Armes, Captain Tenth Cavalry, "Guilty" of the charge and specification exhibited against him, and therefore sentenced him to be confined, in charge of the officer of the guard, in the post guardhouse at this post (Fort Leavenworth, Kansas) during his pending trial, or during the pleasure of the court, and denied all communication with anyone.

And Colonel Buel was allowed to remain as a member and vote on the sentence.

Fort Leavenworth, Kan., March 12, 1870.

Bvt. Maj.-Gen. S. D. Sturgis,

Colonel Seventh Cav. and President G. C. M., Through the Officer of the Guard:

General-I have the honor to state that the officer of the guard, having received orders not to allow me to have intercourse with anyone, he has taken the grounds that I cannot go to my meals without being liable to have intercourse with some one. I have had nothing to eat since breakfast, and would respectfully request that some provisions be made to keep me from a starvation punishment, which I should not think any commanding officer would wish to enforce.

Very respectfully, your obedient servant,

GEO. A. ARMES,

Capt. Tenth Cavalry, U. S. A.

Main Guard, Fort Leavenworth, Kan., March 12, 1870. The Commanding Officer has verbally directed the officer of the guard to go with Major Armes to his meals at the messhouse. (Signed) EDWARD RANDALL,

First Lieut. Fifth Infantry,
Officer of the Guard.

Headquarters Fort Leavenworth, Kan., March 12, 1870.

Officer of the Guard:

The order of the court upon which Major Armes was arrested required that until he shall have purged himself of contempt of the court he would be confined in the room of the officer of the guard and not be allowed to have intercourse with anyone. You will please see that that order be carried out.

Respectfully,

S. D. STURGIS,

Bvt. Maj.-Gen. Commanding.