Imágenes de páginas
PDF
EPUB
[ocr errors]

6

known as Camp Huron; the said John Sullivan, then and there a private in Captain Samuel Moody's Company ' B,' in said regiment, did lift up a musket, loaded with gunpowder and a leaden bullet, against his superior officer, First Lieutenant James H. Slawson, of said Company B,' of said regiment, and with the said musket did shoot at the said Lieutenant Slawson, and with the said bullet did hit the said Lieutenant Slawson in his left leg--he, the said Lieutenant Slawson being then and there in the execution of his office."

Specification 2d-"That the said Private John Sullivan, of said Company 'B,' of said Twenty-seventh Regiment of Michigan Volunteer Infantry, at the time and place aforesaid, did have in his hands a musket loaded with gunpowder and a leaden ball, and did, in an angry and insubordinate tone threaten to shoot the said First Lieutenant James H. Slawson, if he came near him, the said Sullivan; and that the said Lieutenant Slawson, being his superior officer, did, then and there, command the said Private John Sullivan to lay down and give up the said musket, which the said Private John Sullivan, absolutely and profanely refused to do; but, on the contrary, he, the said Private John Sullivan, did, then and there shoot the said musket at, and did hit, and severely wound, him, the said Lieutenant James H. Slawson."

To which charge and specifications the accused, Private John Sullivan, Company "B," 27th Michigan Volunteers, pleaded "Not Guilty."

FINDING.

The Court, having maturely considered the evidence adduced, finds the accused, Private John Sullivan, Company "B," 27th Michigan Volunteers, as follows:

[blocks in formation]

And the Court does therefore sentence him, Private John Sullivan, Company "B," 27th Michigan Volunteers," To be shot to death."

II.-Before a General Court Martial, which convened in the city, of Cincinnati, Ohio, March 14, 1863, pursuant to Special Orders, No. 89, dated Headquarters Department of the Ohio, Cincinnati, Ohio, March 7, 1863, and of which Major Asa H. FITCH, 115th Ohio Volunteers, is President, were arraigned and tried

1. Private Joseph F. Cole, Company "C," 117th Ohio Volunteers.

CHARGE." Desertion."

Specification" In this; that Private Joseph F. Cole, of Company 'C,' 117th Ohio Volunteer Infantry, did, on or about the 24th day of January, 1863, desert the service of the United States, by leaving the Brigade Hospital in the town of Ashland, Kentucky, without authority, and did remain absent from his Company and Regiment until apprehended and brought back on or about the 19th day of February, 1863. This at or near Ashland, Kentucky."

To which charge and specification the accused, Private Joseph F. Cole, Company "C," 117th Ohio Volunteers, pleaded “Guilty."

FINDING.

The Court having maturely considered the evidence adduced, finds the accused, Private Joseph F. Cole, Company "C," 117th Ohio Volunteers, as follows:

Of the Specification, "Guilty."

Of the Charge, "Guilty."

SENTENCE.

And the Court does therefore sentence him, Private Joseph F. Cole, Company "C," 117th Obio Volunteers, “To be shot to death at such time and place as may be indicated by the Commanding Officer of the department in which he may be serving; two-thirds of the members concurring in the above sentence."

2. Private Charles Brundridge, Company “D," 117th Ohio Volunteers.

CHARGE I.-"Desertion."

Specification 1st-"In this; that Private Charles Brundridge, of Company D, 117th Ohio Volunteer Infantry, being duly enlisted and having received bounty therefor from the United States, did desert the service of the United States on or about the 23d day of November, 1862, and did remain absent until apprehended on or about the 26th day of January, 1863."

VOL. II.-10

Specification 2d-"In this; that Private Charles Brundridge, of Company D,' 117th Ohio Volunteer Infantry, did desert the service of the United States on or about the 29th day of January, 1863, and did remain absent until apprehended on or about the 13th day of February, 1863. All this at or near Ashland, Kentucky."

CHARGE II.-" Conduct to the prejudice of good order and military discipline." Specification "In this; that Private Charles Brundridge, of Company D,' 117th Ohio Volunteer Infantry, on being arrested as a deserter by Sergeant Slaughter, Company 'D,' 117th Ohio Volunteer Infantry, did express his determination to again desert after being next paid by the United States. This at or near Beaver, Kentucky, on or about the 13th of February, 1863."

To which charges and specifications the accused, Private Charles Brundridge, Company "D," 117th Ohio Volunteers, pleaded as follows:

[blocks in formation]

The Court, having maturely considered the evidence adduced, finds the accused, Private Charles Brundridge, Company "D," 117th Ohio Volunteers, as follows:

[blocks in formation]

And the Court does therefore sentence him, Private Charles Brundridge, Company "D," 117th Ohio Volunteers. "To be shot to death at such time and place as may be desig nated by the Commanding Officer of the department in which he may be serving; twothirds of the members concurring in the above sentence."

3. Private Jackson McFann, Company "D," 117th Ohio Volunteers.

CHARGE." Desertion."

Specification 1st-"In this; that the said Jackson McFann, of Company ‘D,' 117th Ohio Volunteer Infantry, did, on or about the 8th day of November, 1862, desert the service of the United States, and did remain absent several days. This at Ashland, Kentucky."

Specification 2d-"In this; that the said Private Jackson McFann, of Company 'D,' 117th Ohio Volunteer Infantry, did, on or about the 14th day of December, 1862, desert the service of the United States, and did remain absent for a period of six days. This at or near Callettsburg, Kentucky.”

Specification 3d-"In this; that Private Jackson McFann, of Company 'D,' 117th Ohio Volunteer Infantry, did, on or about the 16th day of February, 1863, desert the service of the United States, and did remain absent until on or about the 10th day of March, 1863. This at Ashland, Kentucky.”

To which charges and specifications, the accused, Private Jackson McFann, of Company "D," 117th Ohio Volunteer Infantry, pleaded “Guilty.”

FINDING.

The Court having maturely considered the evidence adduced, finds the accused, Private Jackson McFann, of Company “D,” 117th Ohio Volunteers, as follows:

Of the 1st Specification, "Guilty."

Of the 2d Specification, "Guilty."
Of the 3d Specification, "Guilty."

Of the Charge, "Guilty."

SENTENCE.

And the Court does therefore sentence him, Private Jackson McFann, Company "D,'

117th Ohio Volunteers, "To be shot to death at such time and place as may be designated by the Commanding Officer of the department in which he may be serving; twothirds of the members concurring in the above sentence."

III.-The proceedings of the Court in the case of Private John Sullivan, of Company "B," 27th Michigan Volunteers, have been approved by the General Commanding the Department of the Ohio, and forwarded for the action of the President of the United States, who disapproves the sentence on account of informality in the proceedings.

The proceedings of the Court in the cases of Privates Joseph F. Cole, Jackson McFann, and Charles Brundridge, 117th Ohio Volunteers, have been approved by the General Commanding the Department of the Ohio; but as the prisoners were tried and sentenced before the expiration of the time fixed by the President's Proclamation for the voluntary return of deserters, the execution of the sentences were suspended by him, and forwarded for the action of the President of the United States, with a recommendation to mercy. In accordance with this recommendation the President is pleased to remit the sentence awarded in each case.

⚫ BY ORDER OF THE SECRETARY OF WAR:

E. D. TOWNSEND, Assistant Adjutant General.

General Orders,

No. 134.

WAR DEP'T, Adjutant GeneRAL'S OFFICE,

Washington, May 16, 1863.

I.-Before a General Court Martial, which convened at the camp of the 1st Division, 5th Corps, March 18, 1863, pursuant to General Orders No. 13, dated Headquarters 1st Division 5th Army Corps, February 28, 1863, and of which Colonel J. C. Rice, 44th New York Volunteers, is President, was arraigned and tried

First Lieutenant John H. Borden, 83d Pennsylvania Volunteers.

CHARGE "Conduct to the prejudice of good order and military discipline." Specification-"In this; that he, First Lieutenant John H. Borden, of the 83d Regiment Pennsylvania Volunteers, having been granted ten days' leave of absence, of which he availed himself on or about the 30th day of January, 1863, did overstay his leave of absence, and failed to return to his regiment and to report himself until on or about the 20th day of February, 1863. This at camp near Falmouth, Virginia."

To which charge and specification the accused, First Lieutenant John H. Borden, 83d Pennsylvania Volunteers, pleaded "Guilty."

FINDING.

The Court, having maturely considered the evidence adduced, finds the accused, First Lieutenant John H. Borden, 83d Pennsylvania Volunteers, as follows:

[blocks in formation]

And the Court does therefore sentence him, First Lieutenant John H. Borden, 83d Pennsylvania Volunteers, "To be dismissed the service of the United States.

II.—Before a General Court Martial, which convened at the camp of the Engineer Brigade, near Falmouth, Virginia, February 26, 1863, pursuant to Special Orders No. 50, dated February 19, 1863, and No. 51, dated February 20, 1863, Headquarters Army of the Potomac, camp near Falmouth, Virginia, and of which Colonel C. G. Colgate, 15th New York Volunteers, is President, was arraigned and tried

Private William Durnin, Company D, 50th New York Volunteer Engineers.
CHARGE-" Desertion."

Specification-"In that the said Private William Durnin, of company and regiment aforesaid, having been duly enlisted into the service of the United States, did desert the same on or about the 18th day of January, 1863, and did remain absent from his company and regiment until on or about the 3d day of February, 1863, when he returned and reported to his company commander. All this at camp of the Headquarters of the 50th Regiment New York Volunteer Engineers, at Aquia Creek Landing, Virginia." To which charge and specification the accused, Private William Durnin, Company D, 50th New York Volunteer Engineers, pleaded “Guilty." FINDING.

The Court, having maturely considered the evidence adduced, finds the accused, Private William Durnin, Company D, 50th New York Volunteer Engineers, as follows:

Of the specification, "Guilty."

Of the Charge, 'Guilty."

SENTENCE.

And the Court does therefore sentence him, Private William Durnin, Company D, 50th New York Volunteer Engineers, "To be shot to death by musketry at such time and place as the General Commanding the Army of the Potomac shall direct, two-thirds of the members of the Court concurring therein."

III. Before a General Court Martial, which convened at the camp of the 2d Division, 3d Corps, near Falmouth, Virginia, April 6, 1863, pursuant to General Orders No. 3, dated February 2, 1863, Special Orders No. 20, dated February 3, 1863, Special Orders No. 1, dated February 8, 1863, Special Orders No. 9, dated February 17, 1863, Special Orders No. 14, dated February 23, 1863, Special Orders No. 22, dated March 3, 1863, and Special Orders No. 44, dated March 26, 1863, Headquarters 2d Division, 3d Corps, camp near Falmouth, Virginia, and of which Colonel A. B. McLaughlin, 1st Massachusetts Volunteers, is President, were arraigned and tried

1. Private Reuben C. Fagan, Company K, 73d New York Volunteers. CHARGE I." Misbehavior before the enemy."

Specification "In this; that Private Reuben C. Fagan, Company K, seventy-third Regiment of New York Volunteers, a duly enlisted soldier of the United States, did, when the seventy-third regiment New York Volunteers was drawn up in line of battle, at or near Fredericksburg, run away and shamefully abandon his company and regi ment, when they were momentarily expecting to be engaged with the enemy, and did not return to his company and regiment until brought back, on or about the eighth day of March, anno Domini one thousand eight hundred and sixty-three. This at or near Fredericksburg, Virginia, on or about the fifteenth day of December, anno Domini one thousand eight hundred and sixty-three."

CHARGE II.-" Desertion."

Specification" In this; that he, the said Private Reuben C. Fagan, seventy-third Regiment New York Volunteers, having been duly enlisted in the service of the United States, and having received pay therein, did desert his company, regiment, and the service of the United States, and did not return until brought back, on or about the eighth day of March, anno Domini one thousand eight hundred and sixty-three. This at or near Fredericksburg, Virginia, on or about the fifteenth day of December, anno Domini one thousand eight hundred and sixty-three."

To which charges and specifications the accused, Private Reuben C. Fagan, Company K, 73d New York Volunteers, pleaded "Not Guilty."

FINDING.

The Court, having maturely considered the evidence adduced, finds the accused, Private Reuben C. Fagan, Company K, 73d New York Volunteers, as follows:

CHARGE I.

Of the specification, "Guilty, except the words 'brought back.'"

Of the Charge, Guilty."

Of the Charge, "Guilty."

CHARGE II.

Of the specification, "Guilty, except the words 'brought back.'"

[ocr errors]

SENTENCE.

And the Court does therefore sentence him, Private Reuben C. Fagan, 73d New York Volunteers, To be shot to death with musketry, and two-thirds of the members of the Court do concur in the sentence."

2. Private James H. Dilks, company K, 73d New York Volunteers. CHARGE I. Misbehavior before the enemy."

Specification" In this; that Private James H. Dilks, company K, seventy-third regiment New York Volunteers, a duly enlisted soldier of the United States, did, when the seventy-third regiment New York Volunteers was drawn up in line of battle at or near Fredericksburg, run away and shamefully abandon his company and regiment when they were momentarily expecting to be engaged with the enemy, and did not return to his company and regiment until brought back on or about the eighth day of March, anno Domini one thousand eight hundred and sixty-three. This at or near Fredericksburg, Virginia, on or about the fifteenth day of December, anno Domini one thousand eight hundred and sixty-three."

CHARGE II.-" Desertion."

Specification.-"In this; that he, the said Private James H. Dilks, of Company 'K,' seventy-third Regiment New York Volunteers, having been duly enlisted in the service of the United States, and having received pay therein, did desert his Company and Regiment and the service of the United States, and did not return until brought back, on or about the eighth day of March, anno Domini one thousand eight hundred and sixtythree. This at or near Fredericksburg, Virginia, on or about the fifteenth day of December, anno Domini one thousand eight hundred and sixty-three."

To which charges and specifications the accused, Private James H. Dilks, Company "K," 73d New York Volunteers, pleaded "Not Guilty."

FINDING.

The Court having maturely considered the evidence adduced, finds the accused, Private James H. Dilks, Company "K," 73d New York Volunteers, as follows:

CHARGE I.

Of the Specification, "Guilty," except the words "brought back."
Of the CHARGE, “Guilty."

CHARGE II.

Of the Specification, "Guilty," except the words "brought back."

Of the CHARGE, “Guilty.”

SENTENCE.

And the Court does therefore sentence him, Private James H. Dilks, Company “K," 73d New York Volunteers," To be shot to death with musketry, and two-thirds of the members of the Court do concur in the sentence."

IV. Before a General Court Martial, which convened at Falmouth, Virginia, November 26, 1862, pursuant to Special Orders, No. 429, dated November 21, 1862, and No. 448, dated November 24, 1862, Headquarters, Hancock's Division, Falmouth, Virginia, and of which Major E. E. STURTEVANT, 5th New Hampshire Volunteers, is President, was arraigned and tried

First Lieutenant Thomas Morton, 81st Pennsylvania Volunteers.

CHARGE. "Disobedience of orders."

Specification." In this; that he, said First Lieutenant Thomas Morton, Company 'H,' 81st Pennsylvania Volunteers, on being ordered by his Colonel, Charles F. Johnson, of the 81st Pennsylvania Volunteers, to go on picket, said Colonel being in the execution of his office, did peremptorily refuse to do so. This near Salem, Virginia, November 7, 1862."

To which charge and specification the accused, First Lieutenant Thomas Morton, 81st Pennsylvania Volunteers, pleaded "Guilty."

FINDING.

The Court having maturely considered the evidence adduced, finds the accused, First Lieutenant, Thomas Morton, 81st Pennsylvania Volunteers, as follows:

[blocks in formation]

And the Court does therefore sentence him, First Lieutenant Thomas Morton, 81st Pennsylvania Volunteers, " To be dismissed the service of the United States."

V-Before a Military Commission, which convened at Headquarters, French's Division, 2d Corps, November 7, 1862, pursuant to Special Orders, No. 115, dated Headquarters,, 2d Corps, Upperville, Virginia, November 5, 1862, and of which Brigadier General W, H. FRENCH, U. S. Volunteers, is President, was arraigned and tried— Private Peter Shannon, Company "C," 2d Delaware Volunteers.

CHARGE. "Assault and robbery."

Specification." In this; that Peter Shannon, private of 'C' Company, 2d Regiment Delaware Volunteers, did assault and knock down, or aid and abet in the same, and did then and there rob, or aid and abet in robbing, Private Charles H. Banner, of 'D' Company, 2d Regiment Delaware Volunteers, of eighty dollars, more or less. All this at or near Bolivar Heights, Virginia, on or about the 21st day of October, 1862." To which charge and specification the accused, Private Peter Shannon, Company "C," 2d Delaware Volunteers, pleaded "Not Guilty."

« AnteriorContinuar »