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To the specification, first charge--" Guilty."

To the first charge-"Guilty."

To the specification, second charge-- Guilty."

To the second charge-- Guilty."

To the specification, third charge- Not Guilty."

To the third charge - 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."

And does therefore sentence him, the said Private Michael Norton, Company C, 90th Regiment New York Volunteers, "to forfeit three months of his pay for the use of the United States Government, and undergo imprisonment for a period of thirty days, fourteen of which to be close confinement, on bread and water diet, with ball and chain."

4. Second Lieutenant Charles N. Smith, Company H, 90th Regiment New York Volunteers.

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CHARCE.

Conduct unbecoming an Officer and a Gentleman."

SPECIFICATION" In this, that the said Lieutenant Charles N. Smith, Company H, 90th Regiment New York Volunteers, did use the following language to Captain John C. Smart, Company II, 90th Regiment New York Volunteers, his superior officer: What is the matter with you? If you want to fight me, God damn you, I will give you all enough to do. I would have you know that I don't care a God damn for you.' All this at Key West, Florida, on or about the 24th day of November, 1862."

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 Second Lieutenant Charles N. Smith. Company II. 90th Regiment New York Volunteers, " to be dismissed the service."

5. First Lieutenant Charles N. Smith, Company G, 90th Regiment New York Volunteers.

CHARGE FIRST.

"Neglect of Duty."

SPECIFICATION- "In this, that the said Lieutenant Charles N. Smith, Company G, 90th Regiment New York Volunteers, did, on the night of the 10th of March, when he was Officer of the Day, perinit and encourage an enlisted man who was drunk to occupy and sleep in his (the said Lieutenant Charles N. Smith's) quarters, and to create an uproar, to the disturbance and annoyance of the officers in the same building, and did not send him (the said enlisted man), although after taps,' to his proper quarters, or cause him to be quiet."

CHARGE SECOND.

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"Conduct unbecoming an Officer and a Gentleman, and prejudicial to Good Order and Military Discipline."

SPECIFICATION "In this, that the said Lieutenant Charles N. Smith did allow and keep in his quarters all night, a drunken enlisted man, and encourage him to speak disrespectfully and abusively of his superior officers; and upon the said enlisted man saying that every officer who had sent in his resignation was a

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son of a bitch,' did reply, 'that's so ;' and did further permit, encourage, and agree to many other things said, of a like nature. All this at Key West, Florida, on or about March 10th, 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, excepting the words' encouraged 'or 'cause him to be quiet.'

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Of the first charge-"Guilty."

Of the specification, second charge---" Guilty of allowing and keeping in his quarters all night, a drunken enlisted man.'"

Of the second charge-" Guilty, except the words 'unbecoming an officer and a gentleman.'

And does therefore sentence him, the said Charles N. Smith, First Lieutenant Company G, 90th Regiment New York Volunteers, "to be reprimanded by his commanding officer."

IV. Before a General Court Martial, convened at Baton Rouge, Louisiana, pursuant to Special Orders No. 31, of February 13th, 1863, from Headquarters, United States Forces at Baton Rouge, and of which Lieutenant Colonel FRANK GOTT, 174th Regiment New York Volunteers, is President, were arraigned and tried :

1. First Lieutenant John J. O'Gorman, Company I, 50th Regiment Massachusetts Volunteers.

CHARGE.

"Drunkenness on Duty."

SPECIFICATION "In this, that the said First Lieutenant John J. O'Gorman, Company I, 50th Regiment Massachusetts Volunteers, was drunk while on provost guard duty. This at or near Baton Rouge, on or about the 3d and 15th days of January, 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, First Lieutenant John J. O'Gorman, Company I, 50th Regiment Massachusetts Volunteers, "to be cashiered."

2. Private John Griffith, Company G, 174th Regiment New York Volunteers.

CHARGE FIRST.

"Desertion."

SPECIFICATION "In this, that Private John Griffith, Company G, 174th Regiment New York Volunteers, having been duly enlisted in the service of the United States, as a private in said company and regiment, deserted said service, and said company, and said regiment. This at Baton Rouge, on or about the 9th of January, 1863."

CHARGE SECOND.

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

SPECIFICATION 1st-"In this, that Private John Griffith, Company G, 174th Regiment New York Volunteers, since absenting himself from the barracks, did, at various times, sell liquor to enlisted men throughout the city of Baton Rouge."

SPECIFICATION 2d-"In this, that Private John Griffith, Company G, 174th Regiment New York Volunteers, did say that he would kill any one who would attempt to arrest him, or words to that effect. This at Baton Rouge, on or about the 28th of January, 1863."

To which charges and specifications the accused pleaded as follows:

To the specification, first charge--" Guilty."

To the first charge---" Guilty."

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

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

To the second charge-"Not Guilty."

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

Of the specification, first charge--" Guilty.”

Of the first charge--“ Guilty.”

Of the first specification, second charge---“ Guilty.”

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

Of the second charge-" Guilty."

And does therefore sentence him, Private John Griffith, Company G, 174th Regiment New York Volunteers, to be shot to death," two-thirds of the Court concurring therein.

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V. Before a General Court Martial, convened at Baton Rouge, Louisiana, pursuant to Special Orders No. 7, of March 6th, 1863, from the Headquarters, 1st Division, Department of the Gulf, and of which Lieutenant Colonel S. B. SUMNER, 49th Regiment Massachusetts Volunteers, is President, was arraigned and tried:

1. First Lieutenant E. A. Peck, Company A, 3d Native Guards, Louisiana Volun

teers.

CHARGE FIRST.

"Violation of the 45th Article of War."

SPECIFICATION--" In this, that he, Edgar A. Peck, First Lieutenant Company A, 3d Regiment Louisiana Native Guards, was found drunk while officer of the guard. This at Camp Butler, Baton Rouge, on or about the 16th day of February, 1863.“

CHARGE SECOND.

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

SPECIFICATION" In this, that he, First Lieutenant Edgar A. Peck, Company A, 3d Regiment Louisiana Native Guards, is habitually and constantly drunk. This at Camp Butler, Baton Rouge."

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--" Guilty."

Of the first charge-" Guilty."

Of the specification, second charge-"Guilty, with the exception of the words and constantly.'"

Of the second charge--" Guilty."

And does therefore sentence him, First Lieutenant Edgar A. Peck, of the 3d Regiment Louisiana Native Guards, to be cashiered."

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VI. The proceedings in the case of Captain William H. Seamans, 41st Regiment Massachusetts Volunteers, Provost Marshal at Baton Rouge, Louisiana, are set aside, in consequence of the absence of material testimony--that of the Commanding

General, under whose orders Captain Seamans acted. He will have a new trial before a Court to be convened by his Division Commander.

The proceedings, findings and sentences in the cases of Second Lieutenant Patrick Ingoldsby, 9th Regiment Connecticut Volunteers, First Lieutenant John J. O'Gorman, 50th Regiment Massachusetts Volunteers, and First Lieutenant Fdgar A. Peck, 3d Native Guards, Louisiana Volunteers, are approved. They cease from this date to be officers in the military service of the United States.

In the cases of Second Lieutenant John J. Langdon, 128th Regiment New York Volunteers, First Lieutenant Emory P. Andrews, 31st Regiment Massachusetts Vol. unteers, and Captain Davis W. Bailey, 42d Regime.t Massachusetts, Volunteers, the proceedings are approved. They will be released from arrest and returned to duty.

In the cases of First Lieutenant W. H. Vance, 165th Regiment New York Volunteers, First Lientenant E. G. Hoffman, same regiment, and Second Lieutenant Charles N. Smith, 90th Regiment New York Volunteers, the proceedings, findings and sentences are approved, notwithstanding certain irregularities. On the recommendations of the Court, which are, however, disapproved, the sentences are suspended until the pleasure of the President can be known.

In the case of Lieutenant Colonel Edward Bacon, 6th Regiment Michigan Volunteers, the proceedings are disapproved, the Court not being legally competent to try him. The charges were in this and in several other cases referred to the Court for trial by an authority other than, and inferior to, the one ordering the Court. This was improper. It is due to Lieutenant Colonel Bacon to state that the charges were not sustained. He will be released from arrest and returned to duty.

The proceedings in the case of Captain Edward D. Smyth, 90th Regiment New York Volunteers, are disapproved, the Court not being competent to try him. It appears by the evidence that thirteen of the officers at Key West tendered their resignations at the same time. This could not have happened by accident, and must have been in consequence of a preconcerted plan. As such, it is evidence of a mutinous disposition, and should be punished. Captain Edward D. Smyth, 90th Regiment New York Volunteers, is recommended to the President for dismissal from the service.

In the cases of Private Michael Madden, Company A, 90th Regiment New York Volunteers, and Private Michael Norton, Company C, 90th Regiment New York Volunteers, the proceedings are disapproved, the record not showing that the Court was sworn. They will be released from confinement and returned to duty.

In the case of First Lieutenant Charles N. Smith, 90th Regiment New York Volunteers, the proceedings, findings and sentence are disapproved. A reprimand is useless when the officer to be punished is lost to all self-es eem. First Lieutenant Charles N. Smith is recommended to the President for dismissal from the service.

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