SPECIFICATION - In this, that he, Captain Davis W. Bailey, Company H, 42d Regiment Massachusetts Volunteers, when ordered by Lieutenant Colonel J.Stedman, in the execution of his office, and through Captain O. W. Leonard, senior Captain of Companies C and H, 42d Regiment Massachusetts Volunteers, and to whom the order was addressed, to send to the Regimental Headquarters his Company Descriptive Book, did absolutely refuse and fail so to do. All this at Camp Parapet, Louisiana, on or about the 13th day of April, 1863."

CHARGE SECOND.

"Conduct unbecoming an Officer and a Gentleman.”

SPECIFICATION 1st--" In this, that he, Captain Davis W. Bailey, 42d Regiment Massachusetts Volunteers, when notified by Captain O. W. Leonard, senior Captain of Companies C and H, 42d Regiment Massachusetts Volunteers, that he (Captain Leonard) had received an order from Lieutenant Colonel J. Stedman (commanding 42d Regiment Massachusetts Volunteers), to send to the Regimental Headquarters the Descriptive Books of said Companies C and H, did then and there use disrespectful language of his superior officer, saying in substance as follows: The Colonel or no other man can have my company books. All this at Camp Parapet, Louisiana, on or about the 13th day of April, 1863."

SPECIFICATION 2d---“In this, that he, Captain Davis W. Bailey, Company H, 42d Regiment Massachusetts Volunteers, did, on or about the 13th day of April, 1863, at or near his quarters at Camp Parapet, Louisiana, when waited on by an orderly from the Regimental Headquarters of the 42d Regiment Massachusetts Volunteers, which orderly was sent by Lieutenant Colonel J. Stedman, in the execution of bis office, with a written order to Companies C and H, 42d Regiment Massachusetts Volunteers, to forward their Company Descriptive Books for copying on the Regimental Records, did refuse to send his Descriptive Book and neglect so to do. All this at Camp Parapet, Louisiana, on or about the 13th day of April, 1863."

CHARGE THIRD.

"Conduct to the prejudice of Good Order and Military Discipline.”

SPECIFICATION--"In this, that he, Captain Davis W. Bailey, Company H, 42d Regiment Massachusetts Volunteers, when informed by Captain Leonard, senior Captain of Companies C and II, 42d Regiment Massachusetts Volunteers, that the Lieutenant Colonel had sent an order for the Descriptive Books of said companies, did then and there, at or near his quarters, at Camp Parapet, Louisiana, and in the presence of Captain Leonard and at least two enlisted men of the 42d Regiment Massachusetts Volunteers, refuse to send his Descriptive Book, averring in substance as follows: Lieutenant Colonel Stedman or no other man can have my company books.' All this at Camp Parapet, Louisiana, on or about the 13th day of April, 1863."

To all of which charges and specifications the accused pleaded "Not Guilty.” The Court, after mature deliberation on the evidence adduced, finds the accused as follows:

Of the specification, first charge--" Not Guilty."

Of the first charge--"Not Guilty."

Of the first specification, second charge--" Not Guilty."
Of the second specification, second charge--" Not Guilty."
Of the second charge--"Not Guilty."

Of the specification, third charge--" Not Guilty."

Of the third charge--" Not Guilty."

And does therefore acquit him.

II. Before a General Court Martial, convened at United States Barracks, Key West, Florida, pursuant to Special Orders No. 23, of March 9th, 1863, from "Headquarters, United States Forces, Key West and Tortugas," and of which Captain J. P. SHENDEL GOBIN, 47th Regiment Massachusetts Volunteers, is President, was arraigned and tried:

1. First Lieutenant John T. Shepard, of the 90th Regiment New York Volunteers.

CHARGE.

"Drunkenness on Duty."

SPECIFICATION "In this, that First Lieutenant John T. Shepard, 90th Regiment New York Volunteers, did appear and take command of his guard party in a state of drunkenness, on the parade ground of the Light-House Barracks, Key West, Florida, on or about the 28th day of February, 1863."

To which charge and specification the accused pleaded" Not Guilty."

The Court, after mature deliberation on the evidence adduced, finds the accused as follows:

Of the specification-" Guilty."

Of the charge--" Guilty."

And does therefore sentence him, the said Lieutenant John T. Shepard, Company D. 90th Regiment New York Volunteers, "to be cashiered."

III. Before a General Court Martial, convened at Key West, Florida, pursuant to Special Orders No. 130, of March 7th, 1863, from the Headquarters, Department of the South, and of which Colonel JOSEPH S. MORGAN, 90th Regiment New York Volunteers, is President, were arraigned and tried:

1. Captain Edward D. Smyth, 90th Regiment New York Volunteers.

CHARGE FIRST.

"Violation of the 7th Article of War."

SPECIFICATION "In this, that Captain Edward D. Smyth, 90th Regiment New York Volunteers, did join in a seditious combination of officers of the 90th Regiment New York Volunteers. This at Key West, Florida, on or about the 20th day of February, 1863."

CHARGE SECOND.

Violation of the 8th Article of War."

SPECIFICATION 1st-" In this, that Captain Edward D. Smyth, 90th Regiment New York Volunteers, being present at an unlawful and seditious assemblage of officers of the 90th Regiment New York Volunteers, held at the Light-House Barracks, Key West, Florida, did not use his utmost endeavors to suppress the same. This at Key West, Florida, on or about the 20th day of February, 1863."

SPECIFICATION 2d-- In this, that Captain Edward D. Smyth, 90th Regiment New York Volunteers, having knowledge of an intended unlawful and seditious assemblage of officers of the 90th Regiment New York Volunteers being held at the Light-House Barracks, Key West, Florida, did not, without delay, give information of the same to his commanding officer. This at Key West, Florida, on or about the 20th day of February, 1863."

CHARGE THIRD.

"Rebellious Conduct, tending to excite Mutiny."

SPECIFICATION 1st-" In this, that Captain Edward D. Smyth, 90th Regiment New York Volunteers, did, with thirteen other officers of the 90th Regiment New York Volunteers, tender his resignation, and insist upon its being forwarded, at a time when there were apprehensions of a general resistance to the execution of an order from the Headquarters of the Department of the South. This at Key West, Florida, on or about the 20th day of February, 1863."

SPECIFICATION 2d-" In this, that Captain Edward D. Smyth, 90th Regiment New York Volunteers, did, after so tendering his resignation, positively refuse to withdraw the same, when requested to do so by his commanding officer, Colonel Joseph S. Morgan, 90th Regiment New York Volunteers, then commanding the post, he having been notified by his commanding officer that there were apprehensions of immediate danger at the post. All this at Key West, Florida, on or about the 20th day of February, 1863."

To which charges and specifications the accused pleaded" Not Guilty.”

The Court, after mature deliberation on the evidence adduced, finds the accused as follows:

Of the specification, first charge—“ Not Guilty.”

Of the first charge---" Not Guilty."

Of the first specification, second charge--“ Not Guilty."

Of the second specification, second charge--" Not Guilty."
Of the second charge-" Not Guilty."

Of the first specification, third charge-Guilty, except the words' insist upon its being forwarded, at a time when there were apprehensions of a general resistance to the execution of an order from the Headquarters of the Department of the South.'"

Of the second specification, third charge-" Guilty."

Of the third charge-" Not Guilty."

And the Court being of opinion that there was no criminality, does therefore acquit him.

2. Private Michael Madden, Company C, 90th Regiment New York Volunteers.

CHARGE FIRST.

"Violation of the 50th Article of War."

SPECIFICATION "In this, that the said Michael Madden, private Company C, 90th Regiment New York Volunteers, did, without urgent necessity and without leave from his superior officer, quit his guard. This at Key West, Florida, on the 21st day of February, 1863 "

CHARGE SECOND.

"Drunkenness while on Guard."

SPECIFICATION "In this, that the said Michael Madden, private Company C, 90th Regiment New York Volunteers, did procure intoxicating liquor and become intoxicated thereon, while doing duty on the provost guard of Key West. This at Key West, Florida, on the 21st day of February, 1863."

CHARGE THIRD.

"Sedition."

SPECIFICATION “ "In this, that the said Michael Madden, private Company C, 90th Regiment New York Volunteers, did, while in a state of intoxication, go about the streets of Key West, threatening and thereby frightening unoffending citizens of that town. This at Key West, Florida, on or about the 21st day of February, 1863."

CHARGE FOURTH.

"Burglary."

SPECIFICATION "In this, that the said Michael Madden, private Company C, 90th Regiment New York Volunteers, did forcibly and burglariously enter houses of citizens of Key West, Florida, and take therefrom the following articles, property of said citizens, viz: one guitar, one glass tumbler, one prayer book, and six daguerreotypes. This at Key West, Florida, on the 21st day of February, 1863."

CHARGE FIFTH.

"Violation of the 9th Article of War."

SPECIFICATION" In this, that the said Michael Madden, private Company C, 90th Regiment New York Volunteers, did violently assault Sergeant McGuire, Com

pany C, of said regiment, the said sergeant being at the time in the execution of his office. All this at Key West, Florida, on the 21st day of February, 1863."

To which charges and specifications the accused pleaded "Not Guilty.” The Court, after mature deliberation on the evidence adduced, finds the accused as follows:

Of the specification, first charge-"Guilty."

Of the first charge-"Guilty."

Of the specification, second charge-" Guilty."

Of the second charge-"Guilty "

Of the specification, third charge-" Not Guilty."

Of the third charge--" Not Guilty."

Of the specification, fourth charge -"Guilty, except the words 'forcibly,' and one guitar,' and 'one glass tumbler.'"

Of the fourth charge---" Guilty."

Of the specification, fifth charge-" Guilty."

Of the fifth charge--" Guilty."

And does therefore sentence him, said Michael Madden, private Company C, 90th Regiment New York Volunteers, "to forfeit to the United States all pay and allowances that is or may be coming to him, have his head shaved, and be drummed out of the service."

3. Private Michael Norton, Company A, 90th Regiment New York Volunteers.

CHARGE FIRST.

"Violation of the 50th Article of War."

SPECIFICATION" In this, that the said Private Michael Norton, Company A, 90th Regiment New York Volunteers, did, without urgent necessity and without leave from his superior officer, quit his guard. This at Key West, Florida, on the 21st day of February, 1863."

CHARGE SECOND.

"Drunkenness while on Guard."

SPECIFICATION "In this, that the said Private Michael Norton did procure intoxicating liquor and become intoxicated thereon, while doing duty on provost guard. This at Key West, Florida, on the 21st day of February, 1863."

SPECIFICATION- "In this, that the said Private Michael Norton did forcibly and burglariously enter the houses of citizens of Key West, Florida, and take therefrom the following articies, property of the said citizens, viz: one guitar, one glass tum. bler, one prayer book, and six daguerreotypes. This at Key West, Florida, on the 21st day of February, 1863."

To which charges and specifications the accused pleaded as follows: