THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 OF CALIFORNIA 
 
 LOS ANGELES
 
 INDEX OF NAMES. 
 
 Gary, Alexander ->7 
 
 Case, John A Til 
 
 C'avenagh, Edward .. " "oc 
 
 Armstrong, 1 rancis E 32 Clarke, Robert ... 
 
 Armstrong John ,9 Clements, James M.!! 
 
 Arnold, Richard 5 26 30 Coburn, Thomas P 
 
 Asbury George 24 Cogan, William.....' """33 
 
 Ayres, Robert . 15 33 Cofwell, James . . . 
 
 Ayres, Ronieyn B 12 Comfort John W 
 
 ' Connelly, Thomas. ". 
 
 B 'Content, Gustav ~13 
 
 jCouway, Edward 21 
 
 Backholder, William .. ^J-oogan Nicholas .l'.'.'.'.'.'.'."u 
 
 Baldey . George ' o ^, k ' James 8 
 
 Baldwin, T. A " "!/J ' J? 3' 
 
 Bander, Ben jamiu. . "07 ^P el '. Charles L .23 
 
 1 arbour, C. C "27 J^' 01 C(>ran . James U, 
 
 Partels, Ferdinand . . "07 X S f ,, ' ?* mea 33 
 
 r ashtrash, Joseph " w Costello, John 4 
 
 Jeckwith. A ..... -"^ Courtney, 51. L 24 
 
 Bennett, Frank T 1 T Cou S m 'y, Francis 
 
 oye, Patrick.. , ^usiu, james 
 
 Bradford. Ge..rge. ...'.'.'."."" 5 Butter, Major 
 
 Brooks, Martin 2)1 
 
 Brown, Isaac 
 
 Brown, JohnS '.'-'-"-"".""." 5' 
 
 Dougherty, William E... 
 
 C jDowd, Denis '"21 
 
 i Do wnie, Edward . . . . ." ." ! 
 
 Calnll, Erlward 26 Dunn, James. " " , 
 
 (.allahan, Jlichael 01 i 
 
 ( ami)beli, Francis.'.'. "' ' " i f of E
 
 M W?A Of XAMXX. 
 
 Fa'iey, Patrick 33 Jackson, Wesley '. 24 
 
 Farley, James 7 25 Johnson, Baxter 19 
 
 Fa^tleband, John 15 j Johnson. Gregory 33 
 
 I'ortnno. J. (J 13 3J|Joice, Henry . . .' rt 
 
 l'n\, James 5;Joucs, Charles E 16 
 
 Fnielilicli, John 26 Jones, Elizabeth 19 
 
 Fr;i/.ee. Benjamin F 19 Jones, Thomas 21 
 
 Fromui, Ileury 13 Jones, Peter 19 
 
 G X 
 
 GalLi n-han, John A ... ... 21 ! Kaysei-, Willi.i.n 2 ) 
 
 GhMTett, Sidney W 18,J e |- ler > *\ 
 
 Garvin, Thomas 21 ve I'-.v. Micluel 29 & 
 
 Garv, Daniel 33 Kelm, Samnel f>j 
 
 Geriach.Carl 24 Kenuedy, Peter 19 
 
 ( , , , M , Frederick 22 |>} U B. J <'n ^ 
 
 Gibbs. Samuel -29 *?' Jl , : ' V ': V 24 
 
 Gilbert, C.C 193 Klrfmser, 1 redenck 4 
 
 Gir ml A 2') KinpiH-ubcr-ier, bergeant S3 
 
 Golden. Willi.im .,., Koerper E-on A a 
 
 Gm.drich. Harrv H 19 33 Kobwe, Ludwig : 19 
 
 Gorman, Daniel 7 25 ' j>". I ,-. < '" 14 
 
 Gotlieb, Charles 21 K >' le . ^ llhiliu 29 
 
 Gould, Charles ... 8 T 
 
 Graham, William M 461428 ^ 
 
 Grant, Joseph ^3 T 
 
 Grav, James 29 Lamenstein JnlUrt 5 
 
 (Jra'v. John 32 ^I'l'". 1 ^ '",'i" 11 -j 33 
 
 Green, Fivderick II 2 , Leadthani Michael It -Jl 
 
 Greatt, Jerome B 22 Lc?ary, John 2:1 
 
 Grittin, James 14 ' i' <lfl ;. ly ' r V-" 3 - 
 
 Grott johiuin. Gnstavus '9' i ' \V ' . i S 
 
 Grone, Bekbert 15 ^f- 81 tthew ...13 
 
 G undersoil, (). C 19 J'!'' 1 "-' 1 "' V-i V 
 
 Giithriagp, Corpon:! 23 Hjft ^1'arles 
 
 Lit ts. Geora* W 5 
 
 Lockhard. Bernard HI 
 
 Loton, William 21 
 
 , Lujienbeel. Pinckney 13 2) 22 3J :l 
 
 Haber, 1-ntx 23 L yuch, John 16 
 
 Hall. Thomas ... ^; Lynch, Patrick .2) 
 
 llaintnn. Charles A 27) 
 
 Hands, Patrick 32| M 
 
 Harlinji, John 24 1 
 
 Harkins,_James. . . ; 5 36 Man-em, Alichael 23 
 
 .19 
 .15 -M 
 
 G 14 
 
 .29 
 6 
 
 Henry, John . 16 MrciieDiniel".'.'.' 
 
 lesse, Peter 6 24 2- , MeDermott, John... 4 
 
 II ill Charles 29 j McDonnell, Patrick 19 
 
 \ Oll p,' J( , > !": ' 32 ' McKlwee, Hugh 5 
 
 Hoelcke, U iMam 2, McCJuire, James 4 
 
 Hopn. James ^i McKuisht, Arthur 13 
 
 Holt, Walter B 32 McL-iujihlin, Michael ... ... 23 
 
 Helton. John 1!) McMahon. James el 
 
 Hong, Robert........ 27 McNamara, Matthew.'. 19 
 
 Howard ChariM L ;> Madison. James 29 
 
 Howe, Uriah.... Matey, Edward is 
 
 Howe, Charles H 3 M Jutland, Matthew 28 
 
 Hllnt . L - <; M , Marvin, Orin A 21 
 
 Mellen, H. B 24 27 
 
 I Miller, James "> 
 
 Miller. Leonard 14 
 
 Irwine, James 26 Miller. Henry Hi
 
 IM>K\. OFNAXS8. 
 
 3 
 
 Milton. Henry P 21 Rice. Frank, 19 
 
 Mitchell, Edward 31 i Rich, Bur, ui'gli (5 
 
 Mitchell, Philip 5 Rtohfti'ds, Lawrence -J ) 
 
 Mix Captain 23[Ri l 'ner, Peter W 27 
 
 Moth'.t, Charles W 13 2i|R ; ley, John i!l 
 
 Mohlmau, Henry 23i Kitc'hey. Joseph C 6 14 
 
 Moloney, Jolin 21 Roach. Henry 33 
 
 Montaihe, Alexander 27 Ro'oy, George W SI 
 
 Morgan, John 27) Roche Pairick, 19 
 
 Morrisey, James - 8 Ron sear, Lovell H 9 
 
 Moroney. 1'. H 2 Rowley. William 21 29 
 
 Mower, Joseph A 24 2tJ 29;Rummell, Fivucis A 4 
 
 Moyer, Lonis 15 
 
 Munn, Edward 14 S 
 
 Murphy, Patrick William 8 
 
 Murphy, John 2 i Sainler, JohnW ii 
 
 Murphy, Mrs. lohn 2JjS:iuve, Emauuel ,...8 
 
 Murray, Patrick 6 1 Shay, Charles 5 
 
 Murray, Hugh 33 1 Shea, John 14 27 
 
 My ran. , Freed woman 19iSheeli n. John : 21 
 
 Shevid..n. Joh i 2ti 
 
 N ! Short, Corporal 2(> 
 
 Smith, Petev 5 
 
 Nash, Mollie 19 Smith, Patrick 8 
 
 Neill, Thomas H 2 Smith, William 19 33 
 
 Nelson. William 27 i Smith, Sergeuni 26 
 
 Nelson, Stuffen 27 S >. nginberg. Hiram 21 
 
 Noble, John . , .3 I i Stafford, William F 27 
 
 Nolen. Isaac iOjStauslmvy, H. E 19 31 33 
 
 Norris, Samuel .24 27'Steno. Jacob 1!) 
 
 Norris. Private 24 'Sterling, William H 21 
 
 ! Stevens. Henry 23 
 
 O 'Stevenson, Francis 10 
 
 Strauser. Daniel 33 
 
 ( )'B^ i.en. JoU .1 29 Sturgeon, Sheldon 7 
 
 O'Douu -11, John 23 Sullivan, Michael 5 
 
 U'Keefe, Dau'el 14 Sullivan, Hugh 5 
 
 O'Malioiiey. Johii 8 Sweeny. Alexander 16 
 
 O'Neill, Michael 32 Sykes, George :... 14 1023 
 
 O'Toole. Thoma 14 
 
 Offle> . R. H 21i T 
 
 Ow, Plac'du 29 
 
 Owen. Henry C 23 Tandy, John J 2.1 
 
 Temple, Robert ...I 
 
 P Thomas, Ben 33 
 
 Thompson, George 23 
 
 TV e, Har let 19 Thompson, David 33 
 
 Parker, Max 19|Todd, J. W 2 
 
 Payne, John A 19 Tolson, Robert L 19 
 
 Pay tan, Benjamin II Tompkins, C. H 2 
 
 Peter Geor;;e 14 Towle, George F 33 
 
 Pi rce. Brevet Major 8 Tyson, John in 
 
 Pierce, F E 21 j 
 
 Pilling. Joiin 29^ TJ 
 
 Por-maiJ. George 4J 
 
 Prior. James 8:Ulshe, Jacob . . 23 
 
 Proctor. Willirm H 14 1 
 
 Purcell, J. H 28 V 
 
 Q, Vauavery, Edgar 2t> 
 
 1 Van Cla4burg, Theodore 24 
 
 (juiiiii, C-a :le; 21 Viall, George E 28 
 
 Viele, C. D ...29 
 
 B 
 
 Radetzki. G. H 10 
 
 Rai h, (,'harle 33] Warren, Henry 33 
 
 Ranciolnh, J. F 2 Watson. Janied 14 
 
 Ray, Jame H 6 ! Wayne, Richard 14 
 
 Reynolds. J. J. 1 j Welch. Frederick 14 
 
 Reynolds, John 8'Weimer, Amos 16
 
 I.VDEX OF XAMK.S. 
 
 Weissinan, Adolph 4 
 
 Weldou. William 4 14 
 
 Well*, Joseph 19 
 
 Wenie, Thomas M 19 
 
 West, Edward 
 
 White, Thomas 32 
 
 Wilhizer, Lewis 33 
 
 Wilkie. Charles 31 
 
 Williamson, E. K 19 
 
 Williams, Mr 19 
 
 Westerman. John 28 Willis, George 19 
 
 Wetmore. Oliver, Jr 23 Wilson, John B 31 
 
 Wntzel, Henry 24 Wilson, William II 
 
 Weeeler, William 29 Wintship, Mr 24 
 
 White, Richard 8 Wood, William H. .. .21 23 24 27 28 29 
 
 White, George "W 24 
 
 INDEX OF SUBJECTS. 
 
 .1 rkansas. Sub-District of, to be known 
 as the District of Arkansas 1 
 
 District of, the Chief of Staff Corps 
 in the, to report to the Chief of Staff, 
 Department of Louisiana, supplies 
 on hand 1 
 
 Reports and returns of the, to be 
 made to Headquarters, Department 
 of Louisiana. 1 
 
 State of, to form part of the Depart- 
 ment of Louisiana 1 
 
 Hoards of Survey. Instructions in re- 
 gard to, tor the information and guid- 
 ance of officers serving in the Depart- 
 ment of Louisiana. (Circular 1, Au- 
 gust 12, 1868) 
 
 Courts Martial. General. Convened at 
 Greenville, La., proceedings of, pub- 
 lished 4 6 14 32 
 
 Convened at Little Rock, Arkansas, 
 " proceedings of, published 5 26 30 i 
 
 Convened at Jackson Barracks, Lou- 
 isiana, proceedings of, published.. 21 
 23 24 27 28 29 
 
 Convened at Ship Island. Mississippi, 
 proceedings of, published 24 26 29 
 
 Convenedat NewOrlenns, Louisiana, 
 proceedings of, published 28 
 
 Convened at Camden, Arkansas, pro- 
 ceedings of, published 31 33 
 
 Convened at Little Rock, Arkansas^- 
 dissolved 5 
 
 Convened at Greenville, Louisiana, 
 dissolved 14 
 
 Convened at Baton Rouge, Louisi- 
 ana, dissolved 23 
 
 Convened at New Orleans, Louisi- 
 ana, dissolved 28 
 
 Convened at Jackson Barracks, Lou- 
 isiana, dissolved 29 
 
 Convened at Ship Island, Mississippi, 
 dissolved 29 
 
 Convened at Camden, Arkansas, dis- 
 solved 33 
 
 Convened at Fort Smith, Arkansas, j Court Martial, Garrison. Convened at 
 proceedings of, published.. 13 20 2231 j Greenville, Louisiana, proceedings 
 
 of, published 7 
 
 Convened at Baton Rouge, Louisiana, 
 proceedings of, published 14 16 33 
 
 Convened at Little Rock. Arkansas, 
 proceedings of, published 8 
 
 Convened at the post of Washington, Convened at the post of Fort Smith, / 
 Arkansas, proceedings of published, Arkansas, proceedings of, published / 
 ...19 30 ...15 18
 
 IX HEX OF SUBJECTS. 
 
 Oath to be administered to Recorder 
 of - 7-23 
 
 Court Martial, Regimental. Convened 
 at Fort Jackson. Louisiana, proceed- 
 ings of, published 11 
 
 ference of the military with the civil 
 authorities 
 
 Department of, command relinquish- 
 ed _ ,, 
 
 Department of, command assun, 
 
 Oath to be administered to Recorder 
 
 7 25 Oathstobe administered to the Record 
 
 or of Garrison or Regimental Court 
 
 Civil Authorities. Instructions to com- 
 manding officers of districts, posts, 
 
 Martial 
 
 iiia, relinquished. 
 
 Of the Department of Louisiana as- 
 sumed ' 
 
 Fifth Military District. The command 
 
 the, consisting of the State of 
 
 1 exas, transferred I 
 
 General Orders. Extract of No 78 
 Headquarters of the Army Adju- 
 tant General's Office, September 21 
 1868, published 17 
 
 Inspector General. Acting Assistant, 
 Department of Louisiana, appointed 
 12 
 
 Inspector General'* Department. In- 
 structions for officers serving in the 
 published. (Circular No. '.^October 
 5, 1868) 
 
 Louisiana. State of, to form part of 
 the Department of Louisiana. .' i 
 
 District of, reports and returns of 
 ), to be made to Headquarters, De- 
 partment of Louisiana . i 
 
 Department of, announces the Staff 
 of the Commanding General 2 
 
 On duty in the Inspector General's 
 Deiurtment, Department of Louisi 
 ana, publishes instructions for (C/Y 
 CMlorS, October 5, 1868 ) 
 
 Department of to consist of the 
 ^States of Louisiana and Arkansas. . 1 
 
 Department of, gives instructions for 
 lie government of officers command- 
 ing detachments, districts. &c 
 
 fcwnfe pertaining to the District of 
 -Lexas to be transferred i 
 
 Kcorders of Regimental or Garrison 
 Courts Martial, oaths to be adminis. 
 tered to the 7 .,- 
 
 Relinquished command of the Dein-f 
 meut of Louisiana . .; 
 
 Returns of troops in the District of 
 -Arkansas, to be made to Headquar- 
 ters, Department of Louisiana. . 1 
 
 Rcyimental Courts Martial. (See Court < 
 Martial, Regimental.) 
 
 Revoked. General Orders A r o. 7 current 
 series, except that portion which re- 
 quires that the order appointing -i 
 Regimental or Garrison Court Mar- 
 tial shall state that it was imprac- 
 ticable to convene a Field Officer's 
 
 sentences of Garrison Court Martial 
 in the cases of Privates Daniel Goi - 
 man Company G, James Farley and 
 
 FT C f k f llrownin & Companv K 
 iirst Infantry, remitted. ....... ^r, 
 
 bhenffs, defines their official relation 
 with military commanders, (cirf 
 lar, September 1, 1868.) 
 
 Staff of the Commanding General. D. 
 paitmei.t of Louisiana, announced -
 
 IXDEX OF SUBJECTS. 
 
 of, District of Arkansas, to 
 report to the Chiefs of Staff, Depart- 
 inriit of Louisiana, supplies on hand. 1 
 
 let. Amount and condition of, 
 
 y in the District of Arkansas, to be re- 
 
 S liortod to the Chiefs of Staff, De- 
 
 partinent of Louisiana 1 
 
 Texa*. District of, records pertaining 
 
 to the, to be transferred to Head- 
 quarters, Fifth Military District . 1 
 
 Troops to render assistance to the civil 
 authorities, in case of disturbances 
 and insurrections in the Department 
 of Louisiana 3 
 
 Assistance of the, us poxgc ?ontit<ttn*. 
 to be rendered to Sheriffs and U. S. 
 Marshals. (Circtilar, Hyt. 1. 1868.)
 
 HEADQUARTERS, DEPARTMENT OF LOUISIANA, 
 i&kJlmjjsw j yew Orleans, La., August 4, 1808.. 
 
 I. In obedience to Paragraph 3, of General Orders No. 55, Head- 
 quarters of the Army, Adjutant General's Office, Washington, July 
 28, 1868, the command of the Fifth Military District to consist of the 
 State of Texas is transferred to Brevet Major General J. J. Rey- 
 nolds, commanding the District of Texas. 
 
 The records pertaining to the District of Texas will be transferred 
 to the Headquarters of the new Fifth Military District. 
 
 II. Pursuant to Paragraph 4, cf the above mentioned order, the 
 States of Louisiana and Arkansas are organized into the Depart- 
 ment of Louisiana, Headquarters at New Orleans. 
 
 The Sub-District of Arkansas, until further orders, will be known 
 as the District" of Arkansas, ancTwiil be commanded by the senior 
 officer serving therein, Headquarters at Littlejlock. 
 
 The commanding officer of the District of Arkansas, will immedi- 
 ately make k the necessary returns of troops serving in his District, 
 to these Headquarters. The Chiefs of the Staff Corps in his District 
 will immediately report to the Chiefs of Staff of the Department of 
 Louisiana, the amount and condition of the supplies on hand. 
 
 All stated reports and returns of the Districts of Louisiana and 
 Arkansas, called for by the Revised Army Regulations, will here- 
 after be made to Headquarters Department of Louisiana. 
 
 BY COMMAND OF BHKVET MAJOR GENERAL R. 0. BUCHANAN: 
 
 THOS, H. NEILt,, 
 
 Major, Twentieth Infantry, Brevet Brigadier General, U. S. A. 
 OFFICIAL: Acting Assistant Adjutant General. 
 
 Sec. Lieut., Thirty-seventh Inf., Bvt. First Lieut., U. S. A. 
 .^ ft Acting Assistant Adjutant General. 
 
 irr^ v 
 
 k 
 
 PQ

 
 ElEADQUARTERS, DEPARTMENT OP LOUISIANA, 
 GKXEHAI^ OKI.F.KS | _ Vew . Origan*, L-,., August 5, 18G8. 
 
 The following officers are announced as temporarily constituting 
 the Staff of the General commanding the Department of Louisiana: 
 
 Captain I. D. DeRussy, First Infantry, Aide-de-Camp. 
 
 Captain Gco. Baldey, Thirty-ninth Infantry, Aide-de-Camp. 
 
 Brevet Brigadier General Thos. H. Xeill, Major, Twentieth Infantry, Act- 
 ing Assistant Adjutant General. 
 
 Brevet First Lieutenant Nathaniel Burbank, Second Lieutenant, Thirty- 
 seventh Infantry, Acting Assistant Adjutant General. 
 
 Brevet Lieutenant Colonel G. N. Lieber, Major, U. S. Army, Judge Advocate. 
 
 Brevet Major B. B. Keeler, Captain, Thirty-ninth Infantry, Assistant Judge 
 Advocate. 
 
 Brevet Brigadier General C. H. Tompkins, Lieutenant Colonel, Deputy 
 Quartermaster General, U. S. Army. Chief Quartermaster. 
 
 Brevet Major General A. Beckwith, Major, and Commissary of Subsistence. 
 U. S. Army, Chief Commissary. 
 
 Brevet Lieutenant Colonel J. F. Randolph, Surgeon, TJ. S. Army, Medical 
 Director. 
 
 Captain Egon A. Koerper, Assistant Surgeon, TJ. S. Army, Attending Sur- 
 geon. 
 
 Colonel Daniel McClure, Assistant Paymaster General, TJ. S. Army, Chief 
 Paymaster. 
 
 First Lieutenant William Hoelcke, Thirty-ninth Infantry, in charge of 
 Engineer Office. 
 
 Major J. W. Todcl, Ordnance Department, TJ. S. Army, Chief of Ordnance. 
 
 Brevet Captain P. II. Moroney, First Lieutenant, TJ. S. .Army, (retired.) 
 Commissary of Musters. 
 
 By COMMAND OF BKKVET MAJOU GEXF.UAI. :_ 
 
 NEILL, 
 
 ft Brigadier General, U. S. A., 
 
 ac. Lieut., Thirty-seventh Inf., Bvt. First Lieut., U. S. .A., 
 Acting Assistant Adjutant General.
 
 HEADQUARTERS, DEPARTMENT OF LOUISIANA, 
 
 New Orleans, La., Aug. 18, 1868. 
 
 lu. order to carry out the instructions from the Secretary of War, 
 relative to the assistance to be aft'orded by the troops on duty in this 
 Department to the civil authorities, in case of domestic disturbances 
 or insurrections arising therein, officers commanding districts, de- 
 tachments and posts, will be governed by the following directions: 
 
 Every officer" will keep himselt' well informed of the condition o 
 affairs in his vicinity. Should a necessity arise which, in his opin- 
 ion, would render the services of troops requisite, he will imme- 
 diately communicate, by telegraph, with these Headquarters, stating 
 the essential fucts in ths casa, and asking for the necessary instruc- 
 tions for his government. 
 
 Under no circumstances will any interference of the military with 
 the civil authorities be permitted; nor will the services of the troops 
 be made use of unless upau special instructions, previously com- 
 municated, in each case, from these Headquarters. 
 Bv COMMAND OF BKEVET MA.TOK GENERAL R. C. BUCHANAN*: 
 
 THOS. H. NEILL, 
 
 Major, Twentieth Infantry, Brevet Brigadier General, U. S. A., 
 OFFICIAL: Acting Assistant Adjutant General. 
 
 Sec. Lieut., Thirty-seventh Inf., Bvt. First Lieut., U. S. A., 
 Acting Assistant Adjutant General.
 
 HEADQUARTERS, DEPARTMENT OP LOUISIANA, 
 
 AL OKDBas j New Orleans, La., Aug. 20, 1868. 
 
 I. Before a General Court Martial which convened at Green- 
 ville, La., by virtue of Special Orders No. 157, current series, 
 Headquarters, Fifth Military District, and of which Brevet Brigadier 
 General W. M. Graham, Captain, First Artillery, is President, were 
 arraigned and tried : 
 
 1. Private ADOLPH WEISSMAN, Company C, First Infantry. 
 CHAKGE. " Desertion." 
 
 PLEA. " Guilty." 
 
 FINDING. " Guilty." 
 
 SENTENCE. " To forfeit to the United States all pay and allow- 
 ances, that are or may become due him; to be dishonorably dis- 
 charged the service of the United States; to be indelibly marked 
 with the letter 'D,'one and one-half inches in length, on his left 
 hip; and three days thereafter to have his head shaved, and to be 
 drummed cut in the presence of his command, then to be confined 
 at hard labor at such place as the Commanding General shall direct, 
 for the period of five years, wearing a ball to weigh thirty pounds 
 attached to his left leg by a chain three feet long." 
 
 2. Private JOHN COSTELLO, Company F, First Infantry. 
 CHARGE. " Violation of the Forty-fifth Article of War." 
 PLEA. "Not Guilty." 
 
 FINDING. " Guilty. " 
 
 SENTENCE. " To be confined at hard labor in charge of the guard, 
 for the period of three months; to carry a log weighing thirty 
 pounds, each alternate day, from reveille until retreat, allowing one 
 hour for each meal." 
 
 3. Private JOHN MCDEKMOTT, Company H, First Infantry. 
 CHAKGE. "Conduct to the prejudice of good order and military 
 
 discipline." 
 
 PLEA. " Not Guilty ." 
 
 FINDING. " Guilty." 
 
 SENTENCE. " To be confined at hard labor at such place as the 
 Commanding General may direct, for the period of six months, and 
 to forfejt to the United States twelve dollars of his monthly pay for 
 the same period." 
 
 4. Private WILLIAM WELDON, Company B, First Infantry. 
 CHAKGE. " Neglect of duty, to the prejudice of good order and 
 
 military discipline."
 
 PLEA. "Guilty." 
 
 FINDING. " Guilty." 
 
 SENTENCE. "To forfeit to the United States ten dollars per 
 mouth of his monthly pay for three months, and to be confined at 
 hard labor under charge of the guard for the same period." 
 
 5. Private THOMAS CONNELLY, Company B, First Infantry. 
 CHARGE. "\iolation of th. Fiftieth Article of War." 
 PLEA. " Guilty." 
 
 FINDING. ' ' Guil ty. " 
 
 SENTENCE. " To forfeit to the United States ten dollars of his 
 monthly pay for two months, and to be confined at hard labor in 
 charge of the guard for the same period." 
 
 6. Sergeant GEOUGE POETMAN, Company K, First Infantry. 
 CHABGE IST. "Neglect of duty, to the prejudice of good order 
 
 and military discipline." 
 
 CHARGK 2o. "Breach of arrest, to the prejudice of good order 
 and military discipline." 
 
 PLEA. To theFirxt Charge. "Not Guilty." 
 To the Second Charge. " Guilty." 
 
 FINDING. " Guilty." 
 
 SENTENCE. "To forfeit to the United States ten dollars per 
 month of his monthly pay, for the period of six months; to be re- 
 duced to the ranks ; to have his chevrons struck off in the presence 
 of his command." 
 
 7. Musician JAMES McGuiRE, Company K, First Infantry. 
 CHABGE. " Conduct prejudicial to good order and military dis- 
 cipline." 
 
 PLEA." Not Guilty." 
 
 FINDING. " Guilty." 
 
 SENTENCE. " To be confined at hard labor in charge of the guard 
 for the period of three months, forfeiting to the United States ten 
 dollars of his monthly pay for the same period." 
 
 8. Musician WILLIAM BCSHABD, U. S. Army Post Baud. 
 CHARGE IST. "Absence without leave." 
 
 CHARGE 2o. "Theft, to the prejudice of good order and military 
 discipline." 
 PLEA. To the First Charge. "Guilty." 
 
 To the Second Charge. " Not Guilty." 
 FINDING. Of the First Charge. "Guilty." 
 
 Of the Second Charge. "Not Guilty." 
 
 SENTENCE. " To forfeit to the United States ten dollars of his 
 monthly pay for two months. " 
 
 9. Private FREDERICK KLEIMSER, Company I, First Infantry. 
 CHARGE. "Violation of the Fortv-sixth Article of War."
 
 PLEA. "Guilty." 
 
 FINDING. " Guilty." 
 
 SENTENCE. "To be confined at hard labor in charge of the guard 
 for the period of six months, and to forfeit to the United States ten 
 dollars of his monthly pay, per mouth, for the same period. " 
 
 10. Private FBANCIS A. RUMMELL, Company G, First Infantry. 
 CHAEGE. " Sleeping on post." 
 
 PLEA. "Not Guilty." 
 
 FINDING. " Guilty." 
 
 SENTENCE. "To forfeit to the United States ten dollars per 
 month of his monthly pay for six months, and to be confined at 
 hard labor under charge of the guard for the same period." 
 
 11. Private JOHN W. COMFORT. Light Battery K, First Artillery. 
 CHARGE. "Conduct prejudicial to good order and military 
 
 discipline." 
 
 PLEA. " Guilty." 
 
 FINDING. ", Guilty. " 
 
 SENTENCE. "To forfeit to the United States ten dollars of his 
 monthly pay, per month, for three mouths, and to be confined at 
 hard labor under charge of the battery guard for the same period." 
 
 II. The proceedings and findings in the case of Private Adolph 
 Weissman, Company C, First Infantry, are approved. The period 
 of confinement is reduced to one year. As thus mitigated the sen- 
 tence will be duly executed. Ship Island, Miss., is designated as 
 the place of confinement. 
 
 Tlie proceedings, findings and sentence in the case of Private 
 John Costello, Company F, First Infantry, are disapproved, the 
 charge not being sustained by the evidence adduced. He will be 
 released from confinement and restored to duty. 
 
 In the cases of 
 
 Private John McDermott, Company H, First Infantry, 
 
 William Weldon, " B, 
 
 " Thomas Connelly, " B, " 
 
 and Musician James McGuire, " K, " 
 
 the proceedings and findings are approved. The sentences are con- 
 firmed and will be duly executed. The prisoners will be confined, 
 in charge of the guard, at the posts where their companies may be 
 stationed. 
 
 The proceedings and findings in the cases of Musician William 
 Bushard, U. S. Army Post Band, and Sergeant George Portman, 
 Company K, First Infantry, are approved. The sentences, are 
 confirmed and will be duly executed.
 
 The proceedings, findings and sentence in the case of Private 
 Frederick Kleimser, Company I, First Infantry, are approved; but 
 upon the recommendation to clemency by the Court, the period of 
 confinement is reduced to two months. As thus mitigated the sen- 
 tence will be duly executed. The post where his company may be 
 stationed is designated as the place of confinement. 
 
 The proceedings in the case of Private Francis A. Rummell, Com- 
 pany G, First Infantry, are disapproved. The record shows that 
 the accused stated he did not understand the English language; 
 and it is fatally defective in not showing that after an interpreter 
 was introduced and sworn, he (the accused) was asked if he hud 
 objection to any member of the Court he was asked "if he had 
 any objection to the Court." The sentence is disapproved. Private 
 Rummell will be released from confinement and restored to duty. 
 
 The proceedings and findings in the case of Private John W. 
 Comfort, Light Battery K, First Artillery, are approved. While 
 the sentence is entirely disproportionate to the offence, it is con- 
 firmed in order that the accused may not altogether escape punish- 
 ment. The statement of the accused that he attacked the Cor- 
 poral because he was intoxicated thereby committing one offence 
 in consequence of having committed another, increases rather than 
 palliates his guilt. The sentence will be duly executed under the 
 direction of his battery commander. 
 BY COMMAND OF BKEVET MAJOH GBNEUAI, II. C. BUCHANAN: 
 
 THOS. H. NEILL, 
 
 Miyor, Twentieth Infantry, Brevet Brigadier General, U.S. A., 
 OFFICIAL, : Acting Assistant Adjutant General. 
 
 Sec. Lieut., Thirty-seventh Iuf.,Bvt. First Lieut., U. S. A., 
 Acting Assistant Adjutant General.
 
 HEADQUARTERS, DEPARTMENT OP LOUISIANA, 
 
 GENERAL OKDEUS J N ew Orleans, La., Sept. 5, 1868. 
 
 1. Before a General Court Martial which convened at Little Bock, 
 Ark., by virtue of Special Orders No. 150, current series, Head- 
 quarters, Fourth Military District, and of which Brevet Major Gen- 
 eral Richard Arnold, Captain. Fifth Artillery, is President, were 
 arraigned and tried: 
 
 1. Private JAMES MILLER, Company B, Twenty-eighth Infantry. 
 CHAKGB. " Desertion." 
 
 PLEA. "Not Guilty." 
 
 FINDING. " Guilty." 
 
 SENTENCE. "To be dishonorably discharged the service of the 
 United States with loss of all pay and allowances that are now due, 
 or that may become due; and be confined in such prison as the 
 Commanding General may direct for a period of six mouths." 
 
 2. Private GEORGE BRADFORD, Company A, Twenty-eighth In- 
 fantry. 
 
 CHARGE. "Conduct to the prejudice of good order and; mili- 
 tary discipline. " 
 
 PLEA. ' ' Not Guilty. " 
 
 FINDING. "Not Guilty." 
 
 "The Court does therefore acquit him." 
 
 3. Quartermaster Sergeant KICHABD CARR, Company C, Twenty- 
 eighth Infantry. 
 
 CHARGE. " Conduct to the prejudice of good order and military 
 discipline. " 
 
 ADDITIONAL CHARGE. "Conduct to the prejudice of good order 
 and military discipline." 
 
 PLEA. ' ' Guilty. " 
 
 FINDING. " Guilty." 
 
 SENTENCE. "To be reduced to the ranks as a private soldier; to 
 be confined under charge of the guard at the post where his com- 
 pany may be serving for a period of four months ; and forfeit ten 
 dollars of his monthly pay to the United States for the same period." 
 
 4. Sergeant HORACE S. CROFUT, Company C, Twenty-eighth In- 
 fantry. 
 
 CHARGE IST. "Drunkenness on duty, violation of the Forty- 
 fifth Article of War." 
 
 CHARGE 2 D. " Conduct to the prejudice of good order and military 
 discipline. "
 
 PLEA. " Guilty." 
 
 FINDING. ' ' Guilty." 
 
 SENTENCE. "To be reduced to the ranks as a private soldier; to 
 be confined under cnarge of the guard at the place where his com- 
 pany may be serving for a period of ten days; and to forfeit to the 
 United States ten dollars of his monthly pay for one month." 
 
 5. Private ELI ENSEY, Company D, Twenty-eighth Infantry. 
 CEAKGE. " Desertion." 
 
 PLEA. " Guilty." 
 
 F IKDING. ' ' Guilty. " 
 
 SENTENCE. " To be confined at hard labor under charge of the 
 guard at the place where his company may be serving until January 
 1st, 1869, and to forfeit to the United States all pay due, or that may 
 become due up to that time." 
 
 6. Lance Sergeant GEOKGE W. LITTS, Light Battery G, Fifth 
 Artillery. 
 
 CHARGE. "Conduct prejudicial to good order aud military 
 discipline." 
 
 PLEA." Not Guilty." 
 
 FINDING. " Guilty." 
 
 SENTENCE. "To be reprimanded in the presence of his company 
 by his commanding officer." 
 
 7. Private ALEXANDEB 13. EAT, Company A, Twenty-eighth In- 
 fantry. 
 
 CHAKGB Isr. "Utter worthlessness to the prejudice of good or- 
 der and military discipline." 
 
 CHABOE 2o. "Absence without leave." 
 
 PLK A. "Guilty." 
 
 FINDING. " Guilty." 
 
 SENTENCE. "To be dishonorably discharged aud drummed out 
 of the service of the United States, and confined in such military 
 prison as the Commanding General may direct for a period of eight 
 months. " 
 
 8. Private HUGH MCELWEE, Company B, Twenty -eighth Infantry. 
 CHABGE. "Violation ot the Forty-sixth Article of War." 
 PLEA. "Not Guilty." 
 
 FINDING. " Guilty. " 
 
 SENTENCE. "To be confined under charge of the guard at the post 
 where his company may be serving until January 1st, 1869, and to 
 forfeit eight dollars of his monthly pay during the same period. " 
 
 9. Private JOHN S. BKOWN, Company D, Twenty-eighth Infantry. 
 CHAEGE. ' ' Desertion. " 
 
 PLEA. ' ' Guilty. " 
 FINDING. "Guilty. "
 
 SENTENCE. "To be dishonorably discharged and drummed out 
 of the service of the United States and to be confined in such mili- 
 tary prison as the Commanding General may direct for the period of 
 three years." 
 
 10. Private CHABLES SHAY, Company D, Twenty-eighth Infantry. 
 CHAEQE. " Sleeping on post.'' 
 
 PLEA. "Not Guilty." 
 
 FINDING. " Guilty." 
 
 SENTENCE. "To be confined at hard labor under charge of the 
 guard, at the place where hits company may be serving, for a period 
 of six months, and to forfeit to the United States ten dollars of his 
 monthly pay for the same period." 
 
 11. JAMES M. CLEMENTS, civilian employee, Quartermaster's De- 
 partment. 
 
 CHAEGE. " Losing United States property through criminal neg- 
 lect." 
 
 PLEA. "Not Guilty." 
 
 FINDING. ' ' Not Guilty. " 
 
 "The Court does therefore acquit him." 
 
 12. Private CHABLES L. HOWAUD, Light Battery G, Fifth Artillery. 
 CHABGE. "Violation of the Twenty-first Article of War." 
 PLEA. "Guilty." 
 
 FINDIN G. " Guil ty. " 
 
 SENTENCE. " To be confined at hard labor under Battery 
 guard, attending all drills and stable duty, for six months; and to 
 forfeit to the United States ten dollars of his monthly pay for the 
 same period." 
 
 13. Private MICHAEL SULLIVAN, Light Battery G, Fifth Artillery. 
 CHABGE. " Violation of th, Twenty-first Article of War." 
 PLEA. " Guilty." 
 
 FINDING. ' ' Guilty. " 
 
 SENTENCE. " To be confined at hard labor under Battery guard, 
 attending all drills and stable duty, for six months; and to forfeit to 
 the Umted States ten dollars of his monthly pay for the same period." 
 
 14. Private JAMES Fox, Light Battery G, Fifth Artillery. 
 CHABGE. ' ' Desertion. " 
 
 PLBA. "Guilty." 
 
 FINDING. " Guilty." 
 
 SENTENCE. " To be dishonorably discharged and, drummed out 
 of the service ; to be confined at hard labor at such military prison 
 as the Commanding General may direct, for a period of two years." 
 
 15. Corporal JULIUS LAMENSTEIN, Light Battery G, Fifth Artillery." 
 CHABGE. "Conduct to the prejudice of good order and military 
 
 discipline. "
 
 PLEA. ' ' Guilty. " 
 
 FINDING. "Guilty." 
 
 SENTENCE. "To be reduced to the ranks as a private soldier; 
 and to forfeit to the United States ten dollars of his monthly pay 
 for two months. " 
 
 16. Sergeant PHILIP MITCHELL, Light Battery G, Fifth Artillery. 
 CHABGE. "Drunkenness on duty." 
 
 PLEA. " Xot Guilty." 
 
 FINDING. " Not Guilty. " 
 
 "And the Court does therefore acquit him." 
 
 17. Private HUGH SULLIVAN, Company B, Twenty-eighth Infantry. 
 CHARGE. " Conduct to the prejudice of good order and military 
 
 discipline." 
 
 PLEA. "Not Guilty." 
 
 FINDING . " Guilty. ' ' 
 
 SENTENCE. "To be dishonorably discharged from the United 
 States' service; and to be confined in such military prison as' the 
 Commanding General may direct, lor the period of two years." 
 
 18. Private PETER SMITH, Company A, Twenty-eighth Infantry. 
 CHARGE. " Conduct to the prejudice of good order and military 
 
 discipline.'' 
 
 PLEA. "Guilty." 
 
 FINDING. ' ' Guilty. " 
 
 SENTENCE. "To be dishonorably discharged from the service of 
 the United States; and to be confined in such military prison as the 
 Commanding General may direct, for a period of one year." 
 
 19. Private FBANCIS CAMPBELL, Company B, Nineteenth Infantry. 
 CHABGE. " Violation of the Twenty -first Article of War." 
 PLEA. "Guilty." 
 
 FINDING. " Guilty." 
 
 SENTENCE. "To forfeit to the United States five dollars of his 
 monthly pay for one month. " 
 
 20. Private JAMES DEVANT, Company B, Nineteenth Infantry. 
 CHABGE IST. "Violation of the Twenty-first Article of War." 
 CHABGE 2D. " Conduct prejudicial to good order and military dis- 
 cipline." 
 
 PLEA. "Guilty." 
 
 FINDING. " Guilty." 
 
 SENTENCE. " To be confined at hard labor under charge of the 
 guard at the post where his company may be serving, for a period 
 of three months, and to forfeit to the United States ten dollars of his 
 monthly pay for the same period." 
 
 21. Corporal JAMES HABKDJS, Company E, Twenty-eighth In- 
 fantry."
 
 CHARGE IST. "Conduct to the prejudice of good order and mili- 
 tary discipline." 
 
 CHABGE 2o. "Absence without leave." 
 
 PLEA. To the Flrxt Charge" Not Guilty. " 
 To the Second Charge " Guilty." 
 
 FINDING. ' ' Guilty. " 
 
 SENTENCE. "To be reduced to the ranks; and to forfeit to the 
 United States ten dollars of his monthly pay for two months. " 
 
 22. Private URIAH HOWE, Company D, Twenty-eighth Infantry. 
 
 CHARGE. " Conduct to the prejudice of good order and military 
 discipline.'' 
 
 PLEA. "Guilty." 
 
 FINDING. " Guilty." 
 
 SENTENCE. " To be confined at hard labor unier guard, at the post 
 where his company may be serving, for four months, and to forfeit 
 eight dollars of his monthly pay for the same period." 
 
 II. The proceedings, findings and acquit.il in the case of James 
 M. Clements, civilian employee of the Quartermaster's Department, 
 are approved. He will be released from confinement. 
 
 The proceedings and findings in the cases of Privates Charles L. 
 Howard and Michael Sullivan, Light Battery G, Fifth Artillery, are 
 approved. The sentences are confirmed and will be duly executed 
 by the battery commander. 
 
 The proceedings and fiudings in the cases of Privates James Fox, 
 Light Battery G, Fifth Artillery, aud Peter Smith, Company A, 
 Twenty-eighth Infantry, are approved. The peiiod of confinement 
 in the case of Private Fox is reduced to one year. As thus mitiga- 
 ted the sentence will be duly executed. In the case of Private Peter 
 Smith, Company A, Twenty-eighth Infantry, the sentence is con- 
 firmed and will be duly executed. Ship Island, Miss., is designa- 
 ted as the place of confinement, where the prisoners Fox and 
 Smith will be sent under proper guard. 
 
 The proceedings in the cases of Privates James Miller, Company 
 B, and Alexander B. Bay, Company A, Twenty-eighth Infantry, are 
 disapproved, for the reasons that the record does not show the date 
 of the trial, and it is not stated that the Judge Advocate was 
 present. They will be released from confinement and restored to 
 duty. 
 
 The proceedings in the cases of 
 
 Quartermaster Sergeant Richard Carr, Co. C, Twenty-eighth Inf., 
 
 Private George Bradford, Company A, Twenty-eighth Infantry, and 
 
 Private Eli Eusey, Company D, Twenty-eighth Infantry,
 
 G 
 
 are disapproved, for the reasons that the record does not show that 
 the Court met in accordance with its adjournment, and it is not 
 stated that the Judge Advocate was present. They will be released 
 from arrest or confinement and restored to duty. 
 
 The proceedings in the cases of- 
 Sergeant Horace L. Crofut, Company C, Twenty-eighth Infantry ; 
 
 Private Hugh Sullivan, " B, " " 
 
 Private Uriah Howe, " D, " 
 
 Corporal Julius Lamenstein, Light Battery G, Fifth Artillery, 
 and Sergeant Philip Mitchell, " " " " " 
 are disapproved, for the reason that it is not stated the Judge Advo- 
 cate was present They will be released from arrest or confine- 
 ment and restored to duty. 
 
 The proceedings in the case of Lance Sergeant George W. Litts, 
 Light Battery G, Filth Artillery, are disapproved, for the reasons 
 that the names of the members present at the session of the Court 
 on the Fifth day of August, are not given ; it is not stated that the 
 Judge Advocate was present, and the name of the person sentenced 
 is not the name (as appearing in the record) of the person charged 
 with the offence. In the sentence it is George W. Lit0; in the speci- 
 fication George W. Lit/*. 
 
 The specification and the sentence are further indefinite and in- 
 complete in not stating that Lance Sergeant Litts was Corporal or 
 Private, Light Battery G, Fifth Artillery. 
 
 The sentence of the Court in this case " to be reprimanded " is 
 not considered a proper one to be pronounced against an enlisted 
 man. He will be released from arrest and restored to duty. 
 
 The proceedings in the cases of 
 
 Private Hugh McElwee, Company B, Twenty-eighth Infantry, 
 
 " John S. Urown, " D, " " 
 
 and " Charles Shay, " " " " 
 
 are disapproved, for the reasons that the names of the members pre- 
 sent at the trial are not given, and it is not stated that the Judge 
 Advocate was present. They will be released from coufiuement and 
 restored to duty. 
 
 The proceedings in the cases of 
 
 Corporal James Harkins, Company E, Twenty- eighth In'autry ; 
 
 Private James Devany, Company B, Nineteenth Infantry, 
 and " Francis Campbell, " " " " 
 
 are disapproved on account of variances in the names (as recorded) 
 of the accused. In the specifications they are respectively named 
 James Harkins, Francis Campbell, and James Devuy ; in the sen- 
 tences as James Harkens, Frances Campbell, and James Deveny. 
 They will be released from arrest or confinement, and restored to 
 duty.
 
 The manlier in which the proceedings in these cases have been 
 recorded merits, as it receives, the severe censure of the reviewing 
 officer. Erasures and interlineations are observed in nearly every 
 page in many cases in the findings and sentence. In several 
 instances the accused submitted written statements to the Court. 
 These were loosely pinned to the rqAra; in one case between the 
 iiudiugs aud sentence, in another between two pages of the testi- 
 mony- in none where it properly belonged. Such statements, if 
 made orally, sliiifcl'd appear in the bpdy^of the record; if in writing, 
 they should be appended to the recVr^, and the proper references 
 made. It is stated in but one instance that the record of the p?o- 
 ceediugs at the previous session of the Court were read and appro- 
 ved. If this was not done it ought to have been; and if it was done 
 and not recorded, the Judge Advocate is censurable for not record- 
 ing the fact, aud the Court for not requiring him 'to do it. In two 
 casts the record does not show the date of the trial, consequently 
 the record of the adjournment appearing therein "until the 28th 
 inst." and "the 6th iiist." conveys no information as to the mor.tlt, 
 to which the Court adjourned. The record in one case states that 
 the Court adjourned "until the 30th of July," and the record of that 
 session (July 30th) states that " the Court met pursuant to the fore- 
 going order," (the order constituting it). It should have been added 
 in this, as in all similar cases, and iv adjournment. 
 
 The first charge against Quartermaster (Sergeant Richard Carr, 
 Company C, Twenty-eighth Infantry, is "Conduct prejudicial to 
 good order and military discipline ." The one specification to this 
 charge is immediately lolloped in the record by "Additional 
 charge Conduct to the prejudice of good order and military disci- 
 pline " supported by two specifications. An ' ' Additional charge " 
 proper, (one preferred subsequent to arraignment on others), must 
 form the subject of a trial separate and distinct from that on the 
 chaige or charges to which it is additional. In this case, however, 
 the stcond charge being preferred before the arraignment, and the two 
 being identical, the second should have been thrown out, and the 
 specifications under it introduced in support of the first. It is no 
 excuse that the charges, as tried, were referred to the Court. It is 
 the duty of the Judge Advocate and the Court, before the arraign- 
 ment, to amend charges which require correction. 
 
 Where the Court, after concluding a case, proceeded at the same 
 session to the trial of another, it shoiild be stated, like the adjourn- 
 ment, at the end of the record. It is stated in the record in one 
 case that the Court adjourned to August 3d. No record or note of 
 a meeting on that day appears, although several subsequent meet- 
 ings are recorded.
 
 8 
 
 Records of Courts Martial rarely display such carelessness and 
 inattention on the part of both Judge Advocate and Court, as is 
 shown in these cases. 
 
 m. The General Court Martial appointed by Special Orders No. 
 150, current series, Headquarters, Fourth Military District, and of 
 which Brevet Major General Richard Arnold, Captain, Filth Artil- 
 lery, is President, is dissolved. 
 BY COMMAND OF BUEVET MAJOK GENERAL K. C. BUCHANAN: 
 
 H. NEILL, 
 
 6, Twentieth Infante^, Brevet Bjigadier General, U. .s. A., 
 Acting At 
 
 Lieut., Thirty-seventh"Inf., Bvt. First Lieut., U. S. A. 
 Acting Assistant Adjutant General.
 
 HEADQUARTERS, DEPARTMENT OF LOUISIANA, 
 
 GENE Xo L 6 K " F ' ilS I yeu} Orleans, L't,, Sept. 15, 1868. 
 
 I. Before a General Court Martial which convened at Greenville, 
 La., by virtue of Special Orders, No. 157, current series, from these 
 Headquarters, and of which Brevet Brigadier General, W. M. Gra- 
 ham, Captain, First Artillery, is President, were arraigned and tried: 
 
 1. Private ALEXANDER CHRISTOPHER, Company G, Sixth Cavalry. 
 CHARGE. ' ' Desertion. " 
 
 PLEA. " Not Guilty. ' ' 
 
 FINDING. "Not guilty of the charge, but guilty of absence with- 
 out leave." 
 
 SENTENCE. ' To forfeit ten dollars of his monthly pay for one 
 mouth. " 
 
 2. Private JAMES H. RAY, Company I, Fourth Cavalry. 
 CHARGE. "Desertion." 
 
 PLEA. " Guilty." 
 
 FINDING. "Guilty." 
 
 SENTENCE. ' ; To forfeit to the United States all pay and allow- 
 ances that are, or may become due him; to be dishonorably dis- 
 charged the service of the United States; to be indelibly marked 
 with the letter ' D,' one and one-half inches long, on his left hip, and 
 three days thereafter to have his head shaved; and then to be drum- 
 med out in presence of the command; then to be confined at hard 
 labor, at such place as the Commanding General may direct, for the 
 period of five years, wearing a ball to weigh thirty pounds, attached 
 to his left leg by a chain three feet long." 
 
 3. Sergeant JEREMIAH CUKRIN, Company C, First Infantry. 
 CHAUGE IST. "Violation of the Fiftieth \rticle of War.'' 
 CHARGE 2o. " Breach of arrest, to the prejudice of good order 
 
 and military discipline." 
 
 PLEA. To the First Charge. " Guilty." 
 
 To the Second Charge." Not Guilty. ' 
 
 FINDING. " Guilty." 
 
 SENTENCE. "To be reduced to the ranks; to have his chevrons 
 struck off in presence of the command ; to forfeit to the United States 
 ten dollars of his monthly pay per month, for the period of six 
 months." 
 
 4. Private PETER HESSE, Light Battery K, First Artillery. 
 CHAEGE IST. " Larceny, to the prejudice of good order and mil- 
 itary discipline."
 
 2 
 
 CHARGE 2o. "Wrongfully and knowingly selling government 
 property in violation of an act approved March 2, 1863." 
 PLEA. "Not Gnilty." 
 FINDING. ' ' Not Guilty. ' ' 
 "And the Court does therefore acquit him." 
 
 5. Musician PATRICK MURRAY, Company C, First Infantry. 
 CHARGE. "Violation of the Fiftieth Article of War." 
 PLEA. " Guilty." 
 
 FINDING. "Guilty. " 
 
 SENTENCE. "To forfeit to the United States ten dollars of his 
 monthly pay for two months, and to be confined at hard labor in 
 charge of the guard for the same period. " 
 
 6. Private JOSEPH C. RITCHEY, Company F, First Infantry. 
 CHARGE IST. " Robbery, to the prejudice of good order and mili- 
 tary discipline." 
 
 CHARGE 2o. " Larceny, to the prejudice of good order and mil- 
 itary discipline." 
 
 PLEA. "Not Guilty." 
 
 FINDING. Of the First Charge. "Not guilty of robbery, but 
 guilty of conduct to the prejudice of good order and military dis- 
 cipline." 
 
 Of the Second Charge. " Guilty." 
 
 SENTENCE. "To forfeit all pay and allowances, that are, or may 
 become due him ; to be dishonorably discharged the service of the 
 United States, and then to be confined at hard labor at such place 
 as the Commanding General may designate, lor the period of two 
 years. " 
 
 7. Private JAMES McC.CLL, Light Battery K, First Artillery. 
 CHARGE. " Desertion." 
 
 PLEA. " Gnilty." 
 
 FINDING. " Gnilty." 
 
 SENTENCE. " To forfeit to the United States all pay and allow- 
 ances, that are, or may become due him; to be dishonorably dis- 
 charged Irom the service of the United States; to be indelibly marked 
 with the letter 'D,' one and one-half inches long, on his left hip, 
 and three days thereafter to have his head shaved, and to be bugled 
 out in presence of his command; then to be confined at hard labor at 
 such place as the Commanding General may direct, for the period of 
 five years, wearing a ball to weigh twenty-four pounds attached to 
 his lelt leg by a chain three feet long. " 
 
 8. Sergeant ROBERT TEMPLE, Company F, First Infantry. 
 CHARGE IST. " Violation of th. Fiftieth Article of War." 
 CHABOK 2o. " Breach of arrest, to the prejudice of good order 
 
 aud military discipline."
 
 CHAKGE 3o. "Conduct highly prejudicial to good order and mili- 
 tary discipline. " 
 
 PLEA. "Not Guilty." 
 
 FINDING. " Guilty. " 
 
 SENTENCE. "To be reduced to the rank of a private soldier; to 
 forfeit to the United States, fifteen dollars per month of his monthly 
 pay, for twelve months, and to be confined at hard labor at such 
 place as the Commanding General, may direct for the same period. " 
 
 y. Private BURROIGH RICH, Company F, First Infantry. 
 
 CHAKGE. "Violation of the Forty-sixth Article of War." 
 
 PLEA. "Not Guilty." 
 
 FINDING. "Guilty. " 
 
 SENTENCE. "To be confined at hard labor in charge of the guard 
 for three months, and to forfeit to the United States ten dollars per 
 month of his monthly p:iy tor tli3 same period. " 
 
 10. Private JOHN W. SAMLER, Company I, First Infantry. 
 CHARGE IST. " Desertion." 
 
 CHARGE 2D. " Violation of the Twenty-second Article of War." 
 
 PLEA. ' ' Guilty. " 
 
 FINDING. " Guilty." 
 
 SENTENCE. " To forfeit to the United States all pay and allowances 
 that may be, or that maj r become due him ; to be indelibly marked 
 upon the left hip with the letter *D,' one and a half inches long; 
 three days thereafter to be dishonorably discharged the service of 
 the United States; to have one half of his head shaved, and to be 
 drummed out in presence of the command; then to be confined at 
 hard labor at such place as the Commanding General may designate, 
 for the period of eight years, having a ball weighing twenty-four 
 pounds, attached to his left leg, by a chain three feet long." 
 
 11. Private OSCAR CHURCH, Company G, First Infantry. 
 CHARGE. "Desertion." 
 
 PLEA. "Not Guilty." 
 
 FINDING. " Not guilty of desertion, but guilty of absence with- 
 out leave." 
 
 SENTENCE. " To forfeit to the United States five dollars of his 
 monthly pay for the period of six months; to refund the thirty dol- 
 lars paid for his apprehension, and to be confined at hard labor in 
 charge of the guard for three months. " 
 
 II. The proceedings and findings in the cases of 
 Sergeant Jeremiah Curran, Company C, First Infantry, 
 Musician Patrick Murray, " " "
 
 4 - 
 
 Private Em-rough Kich, Company F, First Infantry, 
 
 " Oscar Church, " G, " 
 
 and " Alexander Christopher, " " Sixth Cavalry, 
 are approved. The sentences are confirmed and will be duly exe- 
 cuted. 
 
 The proceedings, findings and acquittal in the case of Private 
 Peter Hesse, Light Battery K, First Artillery, are approved. He 
 will be released from confinement and restored to duty. 
 
 The proceedings, findings and sentence in the case of Private 
 John W. Samler, Company I, First Infantry, are approved. So 
 much of the sentence, however, s provides that one-half his head 
 be shaved is remitted, and the period of confinement is reduced to 
 two years. As thus mitigated the sentence will be duly executed. 
 Ship Island, Miss. , is designated as the place of confinement. 
 
 The proceedings, findings and sentence in thj case of Private 
 James McCall, Light Battery K, First Artillery, are approved. But 
 in view of his critical physical condition, as described by a certifi- 
 cate of the Post Surgeon, the sentence is remitted, except so much 
 as provides that he "forfeit to the United States all pay and allow- 
 ances that are or may become due him, and that he be dishonorably 
 discharged the service of the United States," which is confirmed, and 
 will be duly executed. 
 
 The proceedings, findings and sentence in ihe case of Sergeant 
 .Robert Temple, Company F, First Infantry, are approved. But in 
 view of the testimony, showing that the accused was reported sick, 
 and was marked "for quarters " at the date the offence first charged 
 was committed, of his previous good character, as shown by the 
 testimony of his company commander, and of a recommendation 
 to clemency by the Court, the sentence is remitted. He will be re- 
 leased from arrest and restored to duty. 
 
 The proceedings in the case of Private James H. Ray, Company 
 I, Fourth Cavalry, are disapproved on account of variance in the 
 name, as recorded, of the accused. In the specification it is James 
 H. Ray; in the sentence John H. Kay. He will be released from con- 
 finement and restored to duty. 
 
 The proceedings in the case of Private Joseph Jiitchey, Company 
 F, First Infantry, are disapproved. A soldier who was indicted in 
 the t pecifications as an accomplice of the accused but not put on 
 his trial at the same time with him was introduced as a witness for 
 the defence. He was objected to as being incompetent by reason 
 of interest. The Court overruled the objection, and he proceeded 
 to testify. During the examination, however, the witness was again 
 objected to. The Court then proceeded to examine him upon his 
 voir dire, after which the objection was sustained and the witness
 
 rejected. In so doing the Court committed a fatal error. An. 
 accomplice, whether indicted or not, is a competent witness both 
 for the prosecution and defense, if he has not been put on his 
 trial at the same time with his companion in crime. The degree 
 of ere lit which should be given to the testimony of the witness, is 
 exclusively within the province of the Court to decide. It niiiy or 
 may not believe him, but it cannot legally refuse to admit him. A 
 further fatal error was committed by the Court in not causing the 
 examination upon the voir dire to be recorded at length. The state- 
 ment that such an examination was made only is recorded. The 
 prisoner will be released from confinement and restored to duty. 
 BY COMMAND OF BREVET MAJOR GENERAL R. C. BUCHANAN: 
 
 NEILL, 
 
 gadier General, U. S. A., 
 d}ujnl General 
 
 or, Twentieth Infantr 
 Acting Assi 
 
 fee. Lieut., Thirty-seventh Inf., Bvt. First Lieut., U. 
 Acting Assistant Adjutant General.
 
 HEADQUARTERS, DEPARTMENT OF LOUISIANA 
 
 GENEUAL OKDEUS t 
 
 Xo. 7. f Aeio Orleans, La., Sept. 15, 1868. 
 
 1. Before a Garrison Court Martial which convened at Green- 
 He, La., by virtue of Special Orders No. 105, current series Head- 
 quarters, p ost of New Orleans, La., and of which Brevet Lieutenant 
 )lonel Sheldon Sturgeon, Captain, First Infantry, is President 
 were arraigned and tried: 
 1. Private DANIEL GOEMAN, Company G, First Infantry. 
 
 CHVBUB." Conduct prejudicial to good order and military dis- 
 ciphne. " 
 
 PLKA. "Guilty. " 
 
 FINDIXG. " Guilty." 
 
 SENTENCE. -"To forfeit to the United States ten dollars of his 
 monthly pay for one month, and to be confined at hard labor in 
 charge of the guard for the period of twenty days." 
 
 Private JAMES FARLEY, Company K, First' Infantry. 
 
 CHAKGE.-" Neglect of duty, to the prejudice of good order 
 and military discipline. " 
 
 PLEA. " Xut Guilty. " 
 
 Fi.\ JUNG. "Not Guilty." 
 
 "And the Court does therefore acquit him." 
 
 3. Private FBEDEKICK BBOWNIXG, Company K, First Infantry. 
 
 CHAKGE IST. " Conduct prejudicial to good order and military 
 discipline." 
 
 CHAEGE 2o. " Violation of the Forty-fourth Article of War." 
 PLEA. To the Fir*t Ch>ir<je" Not Guilty." 
 
 To the Second Charge" Guilty." 
 FINDING. Qfthe First Charge. "Not Guilty." 
 
 Of the Second Charge. "Guilty." 
 
 SENTENCE. -"To forfeit to the United btates five dollars of his 
 monthly pay for one month. ' 
 
 II. The proceedings and findings in these cases having been ap- 
 proved by the authority which convened the Court, and the sen- 
 tences confirmed and ordered to be duly executed, the records were 
 forwarded to the Department Commander for his supervision in 
 compliance with Paragraph 898, Revised Regulations. The records 
 are lound to be fatally defective in not showing that the Recorder
 
 was sworn a* swlt. The Recorder of a Garrison or Regimental Court 
 Martial is required to take two oaths in presence of the accused one 
 as member of the Court, which is administered by himself, and 
 another as Recorder, which is administered by the senior member. 
 The latter oath is the same as that which is prescribed for the Judge 
 Advocate of a General Court Martial. The proceedings are set aside, 
 and the sentences will not be executed. The officer who appointed 
 this Court overlooked one of the requirements of General Orders No. 
 24, current series, Headquarters, Fifth Military District, now in 
 force in this Department, to- wit: " When o Garrison or Regimental 
 Court is convened, it must be made lo appear in the order uppoi'dmy the 
 Court that it was impracticable to convene a Field Officer's Court." The* 
 attention of officers appointing such Courts is again directed to that 
 order, which must be complied with. 
 Bv COMMAND OF BUKVET MAJOU GENERAL R. C. BUCHANAX: 
 
 THOS. H. NEILL,, 
 
 Major, Twentieth Infantry, Brevet Brigadier General, U. S. A., 
 : . Acting Assistant Adjutant General 
 
 See. l.i-ut., Tliirt.v-riV(>i^H^jg||^^M Lieut., U. S. A., 
 Acting A8|M^^H *<''.. : v
 
 HEADQUARTERS, DEPARTMENT OP LOUISIANA, 
 GES *i?o. ( 8! U>ltH8 } New Orleans, La., Sept. 15, 1863. 
 
 I. Before a Garrison Court Martial which convened at Little 
 Rock, Arkansas, by virtue of Special Orders No. 127, current series, 
 Headquarters, Post of Little Rock, and of which Brevet Major A. 
 H. Andrews, Twenty-eighth Infantry, is President, were arraigned 
 and tried: 
 
 1. Private EMANLELSAUVE, Company I, Twenty-eighth Infantry. 
 CHABGK. "Absence without leave." 
 
 PLEA. "Guilty." 
 FINDING. " Guilty." 
 
 SENTENCE. "To forfeit to the Unit id States fju:- dollar* of h'n 
 monthly pay for one month." 
 
 2. Private JAMES McMAHON, Company 1, Twenty-eighth Infantry. 
 CHARUK IST." Absence without leave." 
 
 CHARGE 2 D. "Conduct to the prejudice of good order and military 
 discipline." 
 
 PLE. "Guilty." 
 
 FINDING. " Guilty." 
 
 SENTENCE "To forfeit to the United States ten dollars of his 
 monthly pay for one month." 
 
 3. Private PATRICK BOYLE, Company A, T Jirenty-eighth Infantry. 
 CHARGE. "Absence without leave." 
 
 PLEA. "Guilty." 
 FINDING. "Guilty." 
 
 SENTENCE. "To forfeit one dollar of his monthly pay for one 
 month." 
 
 4. Private JAMES HOGAN, Company A, Twenty-eighth Infantry. 
 CHARGE. "Conduct prejudicial to good order and military 
 
 discipline. " 
 
 PI.E\. " Guilty." 
 
 FINDING. " Guilty." 
 
 SENTENCE. "To forfeit to the United States five dollars of his 
 monthly pay for one mouth. " 
 
 o. Lance Corporal CHARLES EWALD, Light Battery G, Fifth Ar- 
 tillery. 
 
 CHARGE. "Absence without leave." 
 
 PLEA. "Guilty." 
 
 FINDING. " Guilty." 
 
 SENTENCE. "To forfeit to the United States three dollars of 
 his monthly pay for one mouth. "
 
 6. Private FBA\CIS COUGHKY, Light Battery G, Fifth Artillery. 
 CHARGE. "Absence without leave." 
 
 PLEA. "Guilty." 
 FINDING. " Guilty. " 
 
 SENTENCE. "To forfeit to the United States four dollars of 
 his monthly pay for one mouth." 
 
 7. Private RICHARD WHITE, Company A, Twenty-eighth Infantry. 
 CHARGE. "Neglect of duty, to the prejudice of good order 
 
 and military disci .line." 
 
 PLEA. "Xot Guilty." 
 
 FINDING. " Guilty." 
 
 SENTENCE. "To forfeit to the United States five dollars of his 
 monthly pay for one mouth." 
 
 8. Corporal FRANCIS H. DAILEY, Company B, Twenty-eighth 
 Infantry. 
 
 CHARGE. "Absence without leave." 
 PLEA. "Guilty." 
 FINDING. " Guilty." 
 
 SENTENCE. " To forfeit to the United States six dollars of his 
 monthly pay for one month/' 
 
 9. Private GEORGE EGLEY, Light Battery G, Fifth Artillery. 
 CHARGE. "Conduct prejudicial to good order and military dis- 
 cipline." 
 
 PLEA. "Not Guilty." 
 FJNDING. " Guilty. " 
 
 SENTENCE. "To forfeit to the United States five dollars of his 
 monthly pay for one month. " 
 
 10. Private JOHN O'MAHONEY, Light Battery G, Fifth Artillery. 
 CHARGE. "Conduct prejudicial to good order and military dis- 
 cipline." 
 
 PLEA. " Guilty." 
 FINDING. " Guilty." 
 
 SENTENCE. "To forfeit to the United States three dollars of his 
 monthly pay for one mouth.'' 
 
 11. Private JOHN REYNOLDS, Light Battery G, Fifth Artillery. 
 CHARGE. " Absence without leave." 
 
 PLEA "Guilty." 
 FINDING. " Guiltj 7 . " 
 
 SENTENCE. "To forfeit to the United States three dollars of 
 his monthly pay for one month." 
 
 12. Private JAMES MORKISEY, Light Battery G, Fifth Artillery. 
 CHARGE. "Absence without leave." 
 
 PLEA. " Guilty.'' 
 FINDING. " Guilty."
 
 SENTENCE "To forfeit to the United States three dollars of his 
 monthly pay for one month. " 
 
 13. Private PATKICK SMITH, Company A, Twenty-eighth Infantry. 
 CHARGE IST. "Absence without leave." 
 
 CHARGE 2o. "Conduct prejudicial to good order and military 
 discipline." 
 
 PLEA. " Not Guilty. " 
 
 FINDING. " Guilty." 
 
 SENTENCE. "To forfeit to the United States his pay for one 
 month, except the just dues of the laundress; and to be confined at 
 hard labor for one mouth, excepting the first fourteen days, which 
 shall be in solitary confinement on bread and water." 
 
 14. PATRICK WILLIAM MURPHY, Company I, Twenty-eighth In- 
 fantry . 
 
 CHARGE IST. " Absence without leave." 
 
 CHARGE 2o. "Conduct to the prejudice of good order and mili- 
 tary discipline." 
 
 PLEA. "Guilty." 
 
 FINDING." Guilty." 
 
 SENTENCE. " To forfeit to the United States ten dollars of his 
 monthly pay for one month. " 
 
 15. Private GEORGE "W. HAKNEY, Company I, Twenty-eighth In- 
 fautry. 
 
 CHARGE. "Absence without leave." 
 
 PLKA. "Guilty." 
 
 FINDING. " Guilty." 
 
 SENTENCK. "To forfeit to the United States three dollars of his 
 monthly pay for one month." 
 
 1G. Private CHARLES GOULD, Light Battery G, Fifth Artillery. 
 
 CHARGE. "Absence without leave." 
 
 PLEA. " Guilty." 
 
 FINDING. ' ' Guilty. " 
 
 SENTENCE. "To forfeit to the United States three dollars of his 
 monthly pay for one month." 
 
 17. Private JOHN COYLE, Company I, Twenty-eighth Infantry. 
 CHARGE. "Absence without leave." 
 
 PLKA. ' Guilty." 
 FINDING. " Guilty." 
 
 SENTENCE. " To forfeit to toe United States two dollars of his 
 monthly pay for one mouth." 
 
 18. Private HENHY JOICE, Company I, Twenty-eighth Infantry. 
 CHARGE. " Absence without leave." 
 
 PLEA. " Guilty." 
 FINDING. "Guiltv. "
 
 SENTENCE. " To forfeit to the United States five dollars of his 
 monthly pay for one month." 
 
 19. Corporal HENBY BURKE, Company A, Twenty-eighth In- 
 fantry. 
 
 CHABGE. " Neglect of duty in violation of the Forty-fourth Ar- 
 ticle of War." 
 
 PLEA." Guilty." 
 
 FINDING. " Guilty." 
 
 SENTENCE. "To forfeit to the United States five dollars of his 
 monthly pay for one month." 
 
 20. Private THOMAS P. COBUBN, Company B, Twenty- eighth In- 
 fantry. 
 
 CHARGE. "Absence without leave." 
 PLEA. " Guilty." 
 FINDING. " Guilty." 
 
 SENTENCE. "To forfeit to the United States three dollars of his 
 monthly pay for one month." 
 
 21. Corporal WILLIAM BYRNES, Company B, Twenty-eighth In- 
 fantry. 
 
 CHABGE IST. "Absence without leave ." 
 CHABGE 2o. " Neglect of duty." 
 PLEA. "Guilty." 
 FINDING. " Guilty." 
 
 SENTENCE. "To forfeit to the United btates three dollars of his 
 monthly pay for one month." 
 
 22. Private DAVID McCAN, Compauy B, Twenty-eighth Infantry. 
 CHARGE. "Absence without leave." 
 
 PLEA. "Guilty. " 
 FINDING. " Guilty." 
 
 SENTENCE. " To forfeit to the United States five dollars of his 
 monthly pay for one month. " 
 
 23. Private JAMES PRIOR, Light Battery G, Fifth Artillery. 
 CHARGE. "Conduct prejudicial to good order and military 
 
 discipline." 
 
 PLEA. "Guilty." 
 
 FINDING. " Guilty." 
 
 "But in consideration of the statement of the accused, which 
 statement the Court believes to be true, as to his condition, the 
 Court attach no criminality to the act, and do therefore acquit 
 him. " 
 
 24. Private JAMES COOK, Compauy C, Twenty-eighth Infantry. 
 CHARGE. "Conduct prejudicial to good order and military 
 
 discipline." 
 
 1'ijiA. "Guilty."
 
 FINDING. " Guilty." 
 
 SENTENCE. "To forfeit to the United States five dollars of his 
 monthly pay tor one month ." 
 
 II. The proceedings and findings in these cases having been ap- 
 proved by the authority which convened the Court, and the sen- 
 tences confirmed and ordered to be duly executed, the records were 
 forwarded to the Department Commander lor his supervision in 
 compliance with Paragraph 898, Revised Regulations. 
 
 The records are found to be fatally defective in not showing that 
 the Recorder was sworu as such. As has been heretofore affirmed 
 in General Orders, the Recorder of a Garrison or Regimental Court 
 Martial is required to take two oaths in presence of the accused 
 one as a member of the Court, which is administered by himself, and 
 another a.s- Recorder, which is administered by the senior member, 
 the latter being the same oath as that which is prescribed for the 
 Judge Advocate of a General Court Martial. 
 
 Therecords are further fatally defective in that the " decision and 
 orders" of the reviewing officer upon the findings and sentence are not 
 endorsed thereon. 
 
 It is insufficient for him to record at the end of the proceedings 
 simply his approval of them. Such approval does not include the 
 findings or the sentence. 
 
 In but four cases do the records show the names of the members 
 present at the triaJ . 
 
 It is observed from the records that "Brevet Major Pierce, Cap- 
 tain, Twenty-eighth Infantry, " was detailed by his surname alone to 
 replace an officer relieved from duty on the Court. This manner of 
 issuing orders is in violation of the customs of the service and un- 
 der some circumstances would be sufficient cause for disapproving 
 the proceedings. 
 
 The proceedings in the foregoing cases are set aside and the sen- 
 tences will not be executed. 
 BY COMMAND OF BUKVET MAJOU GENERAL K. C. BUCHANAX : 
 
 NEILL,, 
 / > 
 
 r, Twentieth Infant 
 
 Acting Ass 
 
 c. Lieut., Thirty-seventh Inf., Bvt. First Lieut., U. S. A., 
 Acting Assistant Adjutant General.
 
 HEADQUARTERS, DEPARTMENT OF LOUISIANA, 
 
 GENERAL OunEiJs ? v- .-> , r ' o 
 
 NO. 9. s -"p* Orleans, La., Sept. 15, 18G8. 
 
 In obedience to Paragraph 4, General Orders No. 55, Headquarters 
 
 of the Army, dated Washington, D. C., July 28, 18(58, the under- 
 
 ::iishes command of the Department of Louisiana 
 
 a a. {'. S. Army. 
 
 Sec. Lieut., Thirty-sovorith Inf., Bvt. First Lieut., U. S. A., 
 Acting Assistant Adjutant General.
 
 HEADQUARTERS, DEPARTMENT OF LOUISIANA, 
 
 GEXERAL OUUERS ) , r ~ , 
 
 No. 10. 5 New Orleans, La., Sept. 15, 1868. 
 
 I. Iu obedience to Paragraph 4, General Orders No. 55, Head- 
 quarters of the Army, dated Washington, D. 0. , July 28, 1868, the 
 undersigned hereby assumes command of the Department of 
 Louisiana. 
 
 II. The Staff of the Department will remain as at present organ- 
 
 ized. 
 
 OFFICIAL : 
 
 LOVELL H. 
 
 BreveMajorGenetal, TJ. S. Army, 
 
 jwnmanding Department. 
 
 PC. Lieut., Thirty-seventh Iiif., Bvt. First Lieut., U. S. A., 
 Acting Assistant Adjutant General.
 
 '\\
 
 HEADQUARTERS, DEPARTMENT OP LOUISIANA, 
 
 GENERAL ORDERS J New Or i eans> La ^ Sep t. 18, 1868. 
 
 I. Before a Regimental Court Martial which convened at Fort 
 Jackson, La., by virtue of Paragraph 2, Special Orders No. 22, cur- 
 rent series, Headquarters, Thirty-ninth Infantry, and of which Cap- 
 tain Frank T. Bennett, Thirty-ninth Infantry, is President, were ar- 
 raigned and tried: 
 
 1. Private WILLIAM WILSON, Company G, Thirty-ninth Infantry. 
 CHAKGE. -"Conduct to the prejudice of good order and military 
 
 discipline.'' 
 
 PLEA. "Not Guilty." 
 
 FINDING." Guilty." 
 
 SENTENCE. " To forfeit fourteen dollars of his pay, and to be con- 
 fined for twenty days, fifteen of which at hard labor and five days 
 on bread and water." 
 
 2. Private BENJAMIN PAYTON, Company G, Thirty-ninth Infantry. 
 CHAKGE. "Absence without leave." 
 
 PLEA. '' Guilty. " 
 
 FINDING. " Guilty." 
 
 SENTENCE. " To forfeit to tne United States five dollars of his 
 monthly pay, and to be reprimanded in the presence of his company 
 by the commanding officer of the same." 
 
 II. The proceedings aiid findings in these cases having been ap- 
 proved by the authority which convened the Court, and the senten- 
 ces confirmed and ordered to be duly executed, the records were 
 forwarded to the Department Commander for his supervision, in 
 compliance with Paragraph 898, Revised Regulations. 
 
 At the dates these cases were tried August 27th and September 
 3d, 18(i8 it was practicable to detail a Field Officer as a Court, one 
 being present at the post. This fact renders the trials by a Regi- 
 mental Court an illegal proceeding. 
 
 " The latter Court (Regimental or Garrison) can now be held only in 
 cases where it is impracticable to detail a Fithl Officer < s a Court in the 
 Regiment." [Digest of the opinions of the Judge Advocate General, 
 page 173.] 
 
 There is no authority for prolonging the existence of a Court for 
 mouths there being no business before it as has been done in 
 this instance. When a Court has completed the business referred 
 to it, it should be dissolved and others organized, as the exigencies 
 of the service require. 
 
 The proceedings are set aside, and the sentences will not be ex- 
 ecuted. 
 BY COMMAND OF BKKVET MAJOR GENERAL LJLKoussEAU: 
 
 I. NEILL, 
 
 |U. S. A., 
 
 . Lieut., Thirty-seventh Inf., Bvt. First Lieut., U. S. A., 
 Acting Assistant Adjutant General.
 
 HEADQUARTERS, DEPARTMENT OF LOUISIANA, 
 
 GENERAL ORDERS ? -\r /-\ i T o 
 
 No. 12. j -MW Orleans, La., Sept. 23, 1868. 
 
 Brevet Major General Romeyn B. Ayres, Lieutenant Colonel, 
 Twenty-eighth Infantry, is hereby announced and assigned to duty 
 as Acting Assistant Inspector General, Department of Louisiana. 
 He will be obeyed and respected accordingly. 
 Br COMMAND OF BHEV^P-JHAJOR GENERAL L. H. ROUSSEAU: 
 
 NEILL, 
 
 f, Twentieth Infantry ,/Brevet Brigadier General, U. S. A., 
 OFFICIAL: / / Acting Assist 
 
 :c. Lieut., Thirty-seventh Inf., Bvt. First Lieut., U. S. A., 
 Acting Assistant Adjutant General.
 
 HEADQUAKTERS, DEPAETMENT OF LOUISIANA, 
 
 GENERAL ORDERS j N&w Orlean ^ jr^ gept 34, 1868. 
 
 I. Before a General Court Martial vfhich convened at Fort Smith, 
 Arkansas, by virtue of Paragraph 3, Special Orders No. 17, current 
 series, from these Headquarters, and of which Lieutenant Colonel 
 Pinckuey Lugenbeel, Nineteenth Infantry, is President, were ar- 
 raigned and tried : 
 
 1. Private HENKT FKOJIM, Company H, Nineteenth Infantry. 
 
 CHARGE. "Violation of the Forty -sixth Article of War sleeping 
 on post." 
 
 Specification. " In this, that he, Private Henry Fromm, H Corripa- 
 uy. Nineteenth Infantry, having been duly mounted as a member" of 
 the post guard, and posted as a sentinel on post No. 7, at post hospi- 
 tal, was found sleeping on his post by Second Lieutenant J. C. For- 
 tune, Officer of the Day. All this, at or near Fort Smith , Arkansas, be- 
 tween the hours of one and two o'clock, A. M., on or about the Fourth 
 day of September, 1868." 
 
 PLEA. To the Specification^ " Not Guilty." 
 To the Change. "Not Guilty." 
 
 FINDING. Of the Specification" Guilty." 
 Of the Cnarge. " Guilty." 
 
 SENTENCE. " To be confined at hard labor in charge of the guard 
 with an iron ball weighing twenty-four pounds attached to his left leg, 
 by a chain three and one-half feet in length, until the Eighth day of 
 March, 1669, and to forfeit to the United 'States ten dollars per month 
 of his uiocthly pay tor six mouths, from the Eighth day of Septem- 
 ber, 1808." 
 
 2. Private GUSTAV CONTENT, Company E, Nineteenth Infantry. 
 
 CHARGE. " Violation of the Forty-sixth Article of War sleeping 
 011 post." 
 
 Specification. "In this, that he, Private Gustav Content, E Compa- 
 ny, Nineteenth lufautry, having been duly mounted as a member of 
 the post guard, and posted as a sentinel on post No. 3, at Post Black- 
 smith shop, was found sleeping on his post by the Corporal of the 
 guard. All this, at cr near Fort Smith, Arkansas, between the hours 
 of two and three o'clock, A. M., on or about the Fourth day of Sep- 
 tember, 18G8." 
 
 PLEA. To ihz Specification. " Guilty." 
 To (he Charge. "Guilty." 
 
 FiNiiiNG. Of the Specification. ' ' Guilty. " 
 Of the C'kartje. "Guilty" 
 
 SENTENCE. " To be confined at hard labor in charge of the guard 
 with au iron ball weighing twenty-four pounds attached to his left
 
 leg, by a chain three and one-half feet in length un^il the Eighth day 
 of March, 1869, and to forfeit to the United States ten dollars per 
 mouth of his monthly pay for six months, from the Eighth clay of 
 September, 1868." 
 
 3 . Private MATTHEW LEIS, Company H, Nineteenth Infantry. 
 
 CHARGE. "Conduct to the prejudice of good order and military 
 discipline." 
 
 Specification. "In this, that he, Private Matthew Leis, Company 
 H, Nineteenth Infantry, did take, steal and carry away from the 
 quarters of company Quartermaster Sergeant Arthur McKnight, 
 Company H, Nineteenth Infantry, certain money, to- wit: the sum 
 of thirty dollars, and did appropriate the same to his own use, 
 said thii ty dollars, being the company fund of H Company, Nine- 
 teenth Infantry, and at the time in charge of the said company 
 Quartermaster Sergeant, Arthur McKnight, H Company, Nineteenth 
 Infantry. All this at or near Fort Smith, Ark., between the hours 
 of 11 o'clock, P. M., of the First and 8 o'clock, A. M., of the Second 
 days of August, 1863." 
 
 I'LE \.~To 'he Si>ei'.ific dton. "Guilty." 
 To ike Charge. "Guilty." 
 
 FINDING. Of the Specification "Guilty." 
 Of the Charge. "Guilty." 
 
 SKNTENCE. " To be dishonorably discharged the military service 
 of the United States, with the loss of all pay and allowances except 
 the just dues of the laundress, and to be confined at hard labor in 
 such military prison as the Commanding General may designate, 
 for the period of one year. " 
 
 II. The proceedings and findings in the foregoing cases are ap- 
 proved. Upon the recommendation of a majority of the members 
 of the Court, based upon the previous good conduct of the accused, 
 so much of the sentences in the cases of Privates Henry Fromm, 
 Company H, and Gustav Content, Company E, Nineteenth Infan- 
 try, as provides that they wear a ball and chain is remitted, and the 
 period of confinement and stoppage of pay is reduced to three 
 months from the Eighth day of September, 1868. As thus miti- 
 gated the sentences will be duly executed. The sentence in the 
 case of Private Matthew Leis, Company H, Nineteenth Infantry, is 
 confirmed and will be duly executed. The military prison at Little 
 Eock, Ark., is designated as the place of confinement. 
 BY COMMAND OF BUF.VKT MAJOK GENEKAL L. II. KOUSSKAU: 
 
 ,H. NEIIX, 
 
 'luXJop/Twentieth Infaiitr/TBrQvctl^i^iiliur General, U. S 
 OFFICIAL:/' / Acting Ass 
 
 fee. Lieut., Thirty-seventh Inf., Bvt. First Lieut., U.S. A. 
 Acting Assistant Adjutant General.
 
 HEADQUARTERS, DEPARTMEIS T T OF LOUISIANA, 
 
 ORDERS | New Orleans, La., Sept. 25, 1868. 
 
 I. Before a General Court Martial which convened at Baton 
 Rouge, La., by virtue of Paragraph 3, Special Orders No. 115, 
 dated Headquarters, Fifth Military District, New Orleans, La., 
 May 26, 1868, and of which Brevet Major General George Sykes, 
 Colonel, Twentieth Infantry, is President, were arraigned and tried: 
 
 1. Private THOMAS O'TooLE, Company E, Twentieth Infantry. 
 CHAKGE. " Violation of the Forty-fifth Article of War." 
 Specification." In this, that Private Thomas O'Toole, Company 
 
 E, Twentieth Infantry, having been regularly detailed as a member 
 of the guard, and duly mounted as such, did become so much intoxi- 
 cated as to render him incapable of performing guard duty. This 
 at Baton Rouge, Louisiana, on or about the Eighteenth day of 
 July, 1868." 
 
 PLEA. To the Specification "Not Guilty." 
 To the Charge. "Not Guilty." 
 
 FINDING. Of the Specification. "Guilty." 
 Of the Charge." Guilty." 
 
 SENTENCE. "To carry a knapsack weighing twenty-five pounds 
 eight hours a day, between reveille and retreat, for the period of 
 two months, under charge of the guard, and when not so occupied 
 between those hours to be kept at hard labor. " 
 
 2. Private GEOHGE PETERS, Company I, Twentieth Infantry. 
 CHARGE. " Conduct to the prejudice of good order and military 
 
 discipline. " 
 
 Specification. "In this, that Private George Peters, Cbmpany 
 I, Twentieth Infantry, did without cause or provocation maljeicrfisly 
 throw a bayonet at Private Frederick VVeich, Company I, Twentieth 
 Infantry, thereby inflicting a wound imperilling the life of said 
 Private Frederick Weich. This at Lake Providence. Carroll Parish, 
 State of Louisiana, on or about the Twenty-second day of July, 
 1868." 
 
 PI.EA. To the Specification. "Not Guilty." 
 lo the Charge "Not Guilty." 
 
 FINDING. Of the Specification. " Guilty." 
 Of the Lharye. " Guilty. ' 
 
 SENTENCE. " To forfeit to the United States ten dollars of his 
 monthly pay per mouth, for four mouths, and to cany a knapsack 
 weighing thirty pounds every other two hours, from reveille to re- 
 treat, in charge of the guard, for twenty days."
 
 3. Private JAMES WATSON, Company A, Twentieth Infantry. 
 CHABGE IST. "Desertion." 
 
 Specification. "In this, that the said Private James Watson, 
 Company A, Twentieth Infantry, having been duly enlisted in the 
 service of the United States, did desert the same on the Twentieth 
 day of July, 1868, and did remain absent until the Twenty-first day 
 of July, 1868, when he was apprehended at the Crescent Hoiise, 
 in the city of Baton Rouge, La., by First Sergeant James Griffiu, 
 Company A, Twentieth Infantry, and returned to this post. This 
 at Baton Rouge, La., on the dates above specified." 
 
 CHARGE 2o. " Theft, to the prejudice of good order and military 
 discipline." 
 
 Specification. " In this, that the said Private James Watson, 
 Company A, Twentieth Infantry, did steal from members of his 
 company various articles of value, to-wit: one valise and two pairs 
 shoes. This at Baton Rouge, La., on or about the Twentieth duy 
 of July, 1868." 
 
 PJLEA. To the Specification to First Charge. "Not Guilty." 
 To (he First Charge. "Not Guilty." 
 
 PLEA.- To the Specification to Second Charge. "Not Guilty." 
 To the Second Charge. "Not Guilty." 
 
 FINDING. Of the Specification to First Oharge. "Guilty," except 
 the words "did desert" substituting the words "was absent from." 
 Of the First Charge. "Not Guilty, but Guilty of ab- 
 sence without leave." 
 
 Of the Specification to Second Ciiarge. " Not Guilty." 
 Of the Second Charge. "Not Guilty." 
 
 SENTENCE. "To forfeit twelve dollars of his monthly pay per 
 month for two months. " 
 
 4. Private WELLINGTON G. McBuENEY, Company A, Twentieth 
 Infantry. 
 
 CAEGE IST. "Desertion." 
 
 Specification. "In this, that the said Private Wellington G. McBur- 
 ney, Company A, Twentieth Infantry, having been duly enlisted 
 into the service of the United States, did desert the same on the 
 Twentieth day of July, 1868, and did remain absent until the 
 Twenty-first day ot July, 1868, when he was apprehended at the 
 Crescent House, in the city of Baton Rouge, La." 
 
 CHARGE 2o. "Theft, to the prejudice of good order and military 
 discipline. " 
 
 Specification. "In this, that the said Private Wellington G. Mc- 
 Burney, Company A, Twentieth Infantry, did steal from members 
 of his company, various articles of value, to-wit: one valise, two 
 pairs shoes. This ut Baton Rouge, La., on the Twentieth day of 
 July, 1868."
 
 3 
 
 PLEA. To the Specification to First Charge. "Not Guilty." 
 To the First Charge. " Not Guilty." 
 To the Specification to Second Charge. "Not Guilty." 
 To the Second Charge. " Not Guilty." 
 
 FINDING. Of the Specification to first Charge. " Guilty, except 
 the words ' did desert ' substituting therefor the words, was absent 
 from." 
 
 Of the First Charge. "Not Guilty, but Guilty of ab- 
 sence without leave." 
 
 Of the Specification lo Second Charge. "Not Guilty." 
 Of ihe Second Charge. "Not Guilty." 
 
 SENTENCE. "To forfeit twelve dollars of his monthly pay per 
 mouth for two months." 
 
 II. Before a General Court Martial which convened at Green- 
 \ilie, Louisiana, by virtue of Paragraph 1, Special Orders No. 157, 
 dated Headquarters, Fitth Military District, New Orleans, Louisiana, 
 July 16, 1868, and" of which Brevet Brigadier General W. M. Gra- 
 ham, Captain, First Artillery, is President, were arraigned and tried: 
 
 1. Corporal Lons KUHN, Company F, First lulautry. 
 
 CHAKGK IST. "Robbery, to the prejudice of good order and mil- 
 itary discipline." 
 
 Specification. "In this, that Corporal Louis Kuhn (then private,) 
 of Company F, First Infantry, did, on or about the Seventeenth day 
 of January, 1868, at Jackson Barracks, Louisiana, in conjunction 
 with Private Joseph C. ilitchey, Company F, First Infantry, feloni- 
 ously and violently, take, steal, carry away and appropriate to 
 his own use the sum of five dollars, legal currency of the United 
 States, the property of, and from the person, and against the will of 
 Private William H: Proctor." 
 
 CHARGE 2o. "Larceny, to the prejudice of good order and mil- 
 itary discipline." 
 
 Specifica/ion. "In this, that Corporal Louis Kuhn, Company F, 
 First Infantry, at Jackson Barracks, Louisiana, on or about the 
 Twenty-fourth day of May, 1808, did, in conjunction with Private 
 Joseph C. Kitchey of Company F, First Infantry, feloniously take, 
 steal, carry away and appropriate to his own use the sum of 
 twenty-eight dollars and seventy-five cents, legal currency of the 
 United States, ihe property of Private Daniel O'Keefe of Company 
 F, First Infantry. This while the said Private Daniel O'Keefe was 
 asleep in his bunk. " 
 
 PLEA. To the Specification of the First Charge. " Not Guilty." 
 To the First Charge "Not Guilty."
 
 To Ih9 Spieifioiiio t'of Second C/iirge." Not Guilty." 
 To the Second Charge. "Not Guilty." 
 
 FINDING.- Gf the Specification of the First Charge. ' Guilty, ex- 
 cept so much as charges him with committing an assault." 
 Of the First Charge. "Guilty." 
 Of the Specification of the Second Charge." Guilty." 
 Of the Second Charge. " Guilty." 
 
 SENTENCE. "To forfeit to the United States all pay that may 
 be or may become due him; to be dishonorably discharged the ser- 
 vice of the United States; then to be confined at hard labor at such 
 place as the Commanding General may designate for the period c 
 
 two years." 
 
 2. Private LEONABD MILLEB, Light Battery K, First Artillery. 
 
 CHARGE," Sleeping on post." 
 
 Specification. "In this, that he, Private Leonard Miller, Lighl 
 Battery K, First Artillery, being a member of the Battery K, First 
 Artillery, and being a member of the Battery Guard, duly niountec 
 at Sedgwick Barracks, Louisiana, on the Twelfth day of July 1868, 
 and having been duly posted as a sentinel, did lie down aud sleep, 
 and did remain in that condition until awakened by the Buttery Offi- 
 cer of the Day. This at or near Greenville, Louisiana, July 13, 
 1868, between the hours ot 1, A. M. and 2, A. M. 
 PLEA. To the Specification." Guilty." 
 
 To the Charge. "Guilty." 
 FINDING. Of the Specification." Guilty." 
 
 Of the Charge. "Guilty." 
 
 SENTENCE. "To forfeit to the United States ten dollars of his 
 monthly pay for six months, and to be confined at hard labor in 
 charge of the guard for the same period." 
 
 3. Private JOHN SHEA, Company K, First Infantry. 
 CHAKGE. "Highly insubordinate conduct, to the prejudice of 
 good order and military discipline." 
 
 Specification.-" In this, that Private John Shea, Company K, First 
 Infentry, did assault with a knife, strike at aud cut, with intent t. 
 kill, Private Michael Leadtham, of Company K, at or about 4 
 o'clock, P. M., on the Twenty-eighth day of July, 1868. This at 
 Sedgwick Barracks, Greenville, Louisiana, on or about the above 
 
 date. " 
 
 PLEA. (Not recorded.) 
 
 FINDING. Of the Specification. " Guilty, except the words 'as- 
 sault,' 'strike at' and ' with intent to kill.' " 
 Of the Charge. " Guilty." 
 
 SENTENCE." To forfeit ten dollars of his monthly pay per month 
 for the period of six months, aud to be confined at hard labor in 
 charge of the guard for the same period."
 
 4. Sergeant CHABLES DEXGAS, Company G, First Infantry. 
 CHARGE. "Knowingly and wrongfully disposing of Government 
 
 property, to the prejudice of good order and military discipline. '' 
 
 Specification Ftrst. "In this, that he, Sergeant Charles Dengas, 
 Company G, First Infantry, while on duty at the New Orleans Mil- 
 itary Prison, New Orleans, Louisiana, did take and carry away from 
 the said military prison, articles of subsistence, to-wit: flour, ba- 
 con, pork, shoulders, &c., the same Having been drawn by First 
 Lieutenant Daniel F. Callinan, First Infantry, commanding the 
 prison, for the sub; istence of the guard and prisoners of the said 
 prison, and wrongfully sell or otherwise dispose of the same. All 
 this at New Orleans, Louisiana, during the months of April, May, 
 June and July, 18(38." 
 
 Specification. Second. In this that the said Sergeant Charles Dengas, 
 Company G, First Infantry, while on duty at the military prison, 
 New Orleans, Louisiana, did take prisoners out of their cells at 
 night, contrary to the rules and regulations of said prison, for the 
 purpose of carrying away therefrom articles of subsistence stores, 
 to-wit: flour, bacon, shoulders, &c., which the said Sergeant 
 Charles Dengas, Company G, Hrst Infantry, wrongfully disposed of. 
 All this at New Orleans, Louisiana, during the months of May, 
 June and July, 1808." 
 
 PLEA. To the First Specification. "Not guilty." 
 
 To the Second Specification. "Not Guilty." 
 To the Chanje. "Not Guilty. " , 4 
 
 FINDING. Of the First Specification. " Guilty, excepting the words 
 knowingly and wrongfully." 
 
 Of the Second Specification. " Guilty, excepting the 
 words wrongfully disposed ot the same." 
 Of Lie Uharye.- " Not guilty." 
 
 " And the Court does therefore acquit him." 
 
 5. Private HICHAKD WAYNE, Company K, First Infantry. 
 CHAKGE. "Neglect of duty, to the prejudice of good order and 
 
 military discipline. " 
 
 Specification." In this, that he, Private Kichard Wayne, Company 
 K, First Infantry, after being duly posted as sentinel No. 1, at the bat- 
 talion guard house, and being instructed not to permit any prison- 
 ers to leave the guard house without a sentinel accompanying them, 
 did suffer two prisoners, Private William Welden, Company 13, and 
 Private Edward Munn, Company A, to escape from said guard 
 house. This, at Greenville, La., on or about the sixteenth of 
 August, between the hours of eight and nine o'clock, P. M.' : 
 
 PLEA. To the Specification. " Not guilty. " 
 To the Ckanje. "Not Guilty."
 
 F/NDINO. Of the Specification. "Not Guilty. " 
 
 Of the Charge." Not Guilty." 
 " And the. Court does therefore acquit him." 
 
 IIL The proceedings and findings in the cases of 
 
 Private Thomas (j'Toole, Company E, Twentieth Infantry, 
 " George Peters, " I, " " 
 
 " James Watson, " A, " " 
 
 " Wellington G. McBurney, " Twentieth Infantry, 
 are approved. The sentences are confirmed, and will be duly exe- 
 cuted. 
 
 The proceedings, fi ndings and acquittal in the case of Private 
 Richard Wayne, Company K, First Infantry, are approved. He will 
 be released from confinement and restored to duty. 
 
 The proceedings in the case of Private John Shea, Company K, 
 First Infantry, are disapproved, for the reason that the record does 
 not show that the accused was allowed to plead. The Commanding 
 General is loath to believe that the Court refused to accord this right 
 to the prisoner, but is rather of the opinion that the Judge Advo- 
 cate neglected to record this important proceeding of the trial. He 
 will be released from confinement and restored to duty. 
 
 The proceedings in the case of Sergeant Charles Deugas, Com- 
 pany G, First Infantry, are disapproved. The officer who preferred 
 the charges was a member of the Court, and at the proper time was, 
 for that reason, objected to by the accused, The Court overruled 
 the objection, and the record does not show that the challenged 
 member stated that he had no knowledge of the facts of the case, or 
 that he had signed the charges by direction of his superior officer. 
 Had there been a sentence this proceeding would have been fatal to 
 its validity. " One who signs the charges is prima facie an accuser, 
 and may be rejected as a member of the Court, on challenge. But 
 when the officer who subscribed the charges, stated to the court that 
 he had no knowledge of the facts of the case, and that his name 
 had been appended by order of his superior officer, held that his be- 
 ing allowed to sit as a member, though objected to, did not affect 
 the validity of the proceedings." (Digest of ihe (>}ji-<ions of (he 
 Judge Advo ale General, page 31.) The findings and acquittal are 
 approved. The accused will be released from arrest and restored to 
 duty. 
 
 The proceedings in the case of Private Leonard Miller, Light Bat- 
 tery K, First Artillery, are disapproved, for the reason that the rec- 
 ord does not show that the Court was cleared for deliberation upon
 
 its findings and sentence. He will be released from confinement 
 and restored to duty. 
 
 The proceedings in the case of Corporal Louis Kuhn, Company F, 
 First Infantry, are approved. The findings are disapproved Of the 
 specification to the first charge the Court find "Guilty, except so 
 much as charges him with committing an assault." No assault is 
 alleged in the specification, but it is obvious that the court intended 
 by this finding to except that part of the specification which alleges 
 violence. In so doing, the Court took from the indictment the ele- 
 ment which constituted the offence, as charged robbery. There 
 can be no robbery without violence or putting in fear, and the Court 
 having found not guilty of the violence charged, the specification 
 supports only a charge of larceny. The true finding, therefore, for 
 the Court, upon the charge, as it viewed the evidence, was, not guilty 
 of robbery, but guilty of larceny (or conduct) to the prejudice of 
 good order and military discipline. But upon a careful reading of 
 the record, it does not appear that there is sufficient evidence to 
 warrant a conviction upon either of the charges . The sentence is 
 therefore disapproved. The accused will be released from arrest 
 and restored to duty. 
 
 IV. The General Court Martial, convened by Special Orders No. 
 157 and 158, dated' Headquarters, Fifth Military District, New Or- 
 leans, La., July 16th and 17th, 1808, and of which Brevet Brigadier 
 General William M. Graham, Captain, First Artillery, is President, is 
 hereby dissolved. 
 
 BY COMMAND OF BltKVKT M.AJOII GENERAL L. H. KOUSSEAU: 
 
 THOS. H. NEtLL, 
 
 Major, Twentieth Infantry, Brevet Brigadier General, U. S. A., 
 OFFICIAL: Acting Assistant Adjutant General. 
 
 Sec. Lieut., Thirty-seventh Inf., Bvt. First Lieut., U. S. A., 
 Acting Assistant Adjutant General.
 
 HEADQUARTERS, DEPARTMENT QF LOUISIANA, 
 
 GENERAL _ OKDMS j N ew Orleans, La., Sept. 29, 1868. 
 
 Before a Garrison Court Martial which convened at the post of 
 Fort Smith, Ark., of which Captain Robert Ayres, Nineteenth In- 
 fantry, was President, were arraigned and tried: 
 
 Artificer Charles W. Moffit, Company K, Nineteenth Infantry, 
 
 Private John Fastleband, " " " " 
 
 " Nicholas Coogan, " E, " " 
 
 " Charles Matney, " F, " " 
 
 " Louis Moyer, " A, " ' c 
 
 Sergeant Eckbert Grone, " E, " " 
 
 Corporal Dennis M. Carroll, " A, " " 
 
 The records having been forwarded to the Department Command- 
 er, for his supervision, in compliance with Paragraph 898, Revised 
 Regulations, the proceedings in the cases of 
 
 Artificer Charles W. Moffit, Company K, Nineteenth Infantry, 
 
 Private John Fastleband, " " " " 
 
 " .Nicholas Coogan, " E, " " 
 
 are set aside for the reason that it is not shown that the Court was 
 sworn in presence of 1he accused. 
 
 The proceedings in the cases of 
 
 Private Charles Matney, Company F, Nineteenth Infantry, and 
 
 " Louis Moyer, " A, " " 
 
 are set aside on account of variance in the names, (as recorded, ) 
 of the accused. In the specifications they are respectively Charles 
 iMatuey, Louis Moyer; in the sentences Charles Matny, I eicis Moyer. 
 
 In the cases of Sergeant Eckbert Grone, Company E, and Corporal 
 Dennis M. Carroll, Company A, Nineteenth Infantry, the sentences 
 are "to be reduced to the ranks us a private sentinel. ' The absurdity 
 of such a sentence is apparent without comment. It is presumed 
 that it was the intention of the Court that the accused should be 
 reduced to the grade of private, and it should have been so expressed. 
 The proceedings are set aside. 
 
 Officers who review the proceedings of Garrison and Regimental 
 Courts should perform that duty with the most scrupulous care. 
 
 However merited the punishment contemplated by the Court, if 
 the requirements of the law are not complied with on the trial, or in 
 recording the proceedings, the sentences cannot be lawfully executed. 
 
 If fatal irregularities are overlooked by the reviewing uu.hority, as 
 has been done in these cases, and the sentences confirmed, the ex- 
 ecution of the same will have commenced, and in s< me instances 
 been completed, before the records can reach the Department Com- 
 mander, and the proceedings be by him set aside. 
 BY COMMAND OK BKKVET M.AJOK GEXEIIAL Liff i Itcu ~ r UT. 
 
 HOS. 
 
 HJor, Twentieth Infantry, Bre\ I Sf'Brigailier General, U.|$. A., 
 
 S/c. Lieut., Tliirty-spvenUi Inf., Bvt. First Lieut., U. S. A., 
 Actmg Assistant Atljulanl lieueral.
 
 HEADQUARTEFS, DEPARTMENT OF LOUISIANA, 
 
 New Orleans, La., Oct. 6, 1868. 
 
 I. Before a General Court Martial which convened at Baton 
 Bonge, La., by virtue of Paragraph 3, Special Orders, No. 115, dated 
 Headquarters, Fifth Military District, New Orleans, La., May 26th. 
 1868, and of which Brevet Major General, George Sykes, Colonel, 
 Twentieth Infantry, is President, were arraigned and tried: 
 
 1. Private CHARLES E. JONES, Company K, Twentieth Infantry. 
 CHARGE. " Desertion." 
 
 Specification. " In this, that he, Private Charles E. Jones, Com- 
 pany K, Twentieth Infantry, having been duly enlisted in the ser- 
 vice of the United States, did desert the same, on or about the 
 Thirty-fir. a t day of May, 18(58, and did remain absent until appre- 
 hended at New Orleans, La., on or about the Second day of June, 
 1868. Thirty dollars reward paid for his apprehension. This at 
 Batun Rouge, La., on or about the Thirty-first day of May, 1868." 
 
 PLEA. To lite Specification. "Guilty." 
 To the Charge. " Guilty." 
 
 FINDING. Of the Specification "Guilty." 
 Of tlis Charge. "Guilty." 
 
 SENTENCE. "To be dishonorably discharged and drummed out 
 of the service of the United States; to forfeit all pay and allowan- 
 ces now due or that may become due him; to be indelibly marked 
 on the left hip with the letter ' D ' three inches long; and to be con- 
 fined at hard labor at such military prison as the Commanding Gen- 
 eral may designate for three years " 
 
 2. Private JOHN L .NCH, Company K, Twentieth Infantry. 
 LH.VRGE. "Desertion." 
 
 Specification. " In this, that he, Private John Lynch, Company 
 K, Twentieth Infantry, aaving been duly enlisted in the service of 
 the United States, did desert the same on or about the Eighteenth 
 day of August, 1868, and did remain absent until apprehended on 
 or about the Nineteenth day of August, 1868. Thirty dollars reward 
 paid for his apprehension. This at Baton Rouge, La., on or about 
 Eighteenth day of August, 1868." 
 
 PLEA. To the Specification. "Not Guilty." 
 To (hi Charge. 11 Not Guilty." 
 
 FINDING. Of the Specification. "Guilty." 
 Of the Cha.'-ge." Guilty. " 
 
 SENTENCE. -"To be dishonorably discharged and drummed out 
 of the service of the Urited States; to forfeit all pay and allowances
 
 that are now or may become due him; to be indelibly marked on 
 the left hip with the letter ' D ' three inches long: and to l>u confined 
 at hard labor at .such military prison as the Commanding General 
 may designate for three years. " 
 
 3. Private AMOS WEIMER, Company I, Twentieth Infantry. 
 CHARGE. " Desertion." 
 
 Specification . "In this, that he, Private Amos Weimer, Com- 
 pany I, Twentieth Infantry, having been duly enlisted as a soldier 
 in the United States Army, did desert the same service from Mon- 
 roe, Ouachita Parish, La., on or about the Twenty-fourth day of 
 April, 1867, and did remain absent therefrom, until on or about the 
 Seventh day of August. 1868, when he was apprehended near Lake 
 Providence, Can-oil Parish, La. Thirty dollars paid for his appre- 
 hension. " 
 
 PLEA. To the Specification. " Guilty." 
 To the Chanje." Guilty." 
 
 FINDING. Of the Specification. "Guilty." 
 Of the Charge. "Guilty." 
 
 SENTENCE. "To have his head shaved and be dishonorably dis- 
 charged and drummed out of the service of the United States; to 
 forfeit all pay and allowances that are now or may become due him; 
 to be indelibly marked on the left hip with the letter ' D ' three 
 inches long; and to be confined at hard labor at such military pris- 
 on as the Commanding General may designate for three years. " 
 
 4. Private ALEXANDER SWEENEY, Company I. Twentieth Infantry. 
 CHAHGE IST. "Desertion." 
 
 Specification. "In this, that he, Private Alexander Sweeney, 
 Coo'.pany I, Twentieth Infantry, having been duly enlisted as a sol- 
 dier in the United States Army, did desert the said service at Lake 
 Providence, Carroll Parish, La., on the Seventh day of August, 1868, 
 and did remain absent therefrom, until apprehended near Lake 
 Providence, Carroll Parish, La., on the Eighth day of August, 
 1868." 
 
 CHARGE 2o. "Conduct to the prejudice of good order and 
 military discipline." 
 
 Specification, "In this, that he, Private Alexander Sweeney, Com- 
 pany I, Twentieth Infantry, did sell, barter, or exchange lor civilian's 
 clothing, one flannel blouse, one pair of trousers, one forage cap, 
 the property of the United States. This, at Lake Providence, Car- 
 roll Parish, La., on or about the Eighth day of August, 1868." 
 
 PLKA. To the Spr^fiwHonqf First 6Vm;e. "Guilty." 
 To the First Chnrnr. " Guilty." 
 To the Specific'dion of Second Charge. " Not Guilty." 
 To the Second Charge. '' Not G'.'iltj."
 
 3 
 
 FADING. Of the, Specification io First Charge. "Guilty." 
 Of the First Charge. "Guilty 1 ' * 
 
 Of the Specification to Second Charge. "Guilty." 
 Of the Second Cnarge. " Guilty." 
 
 SENTENCE. " To have his head shaved, and be dishonorably dis- 
 charged and drummed out of the service of the United Stages ;*to for- 
 feit all pay and allowances now due or that may become du$ him ; 
 to be indelibly marked on the left hip with the letter 'D,' three 
 inches long; and to be ( onfined at hard labor at such military prison 
 as the Commanding Ge^ral majfc designate for three years." 
 
 5. Private JOHN HtirEy, Company I, Twentieth Infantry. 
 CHARGE. " Desertion." 
 
 > ptciftcation. " In this, that he, Private John Henry, Company I, 
 Twentieth Infantry, having been duly enlisted as a soldier in the 
 service of the United States, did d sert said service at Monroe, La., 
 on or about August 24, 1867, and did remain absent until appre- 
 hended at Yicksburg, Miss., ou or about September 5th, 1868. 
 Thirty dollars paid for his apprehension " 
 
 PLEA. To the Specification. " Guilty." 
 To the Cha-ge. "Guilty." 
 
 FINDING. Of the Specification. " Guilty. " 
 Of the Clung" "Guilty." 
 
 SENTENCE. " To huvt< his head shaved and to be dishonorably dis- 
 charged and drummed :>ut of the service of the United States; to 
 forfeit all pay and allowances now due or that may become due him; 
 to be indelibly marked on the left hip with the letter 'D,' three 
 inches long; and to be c >nfined at hard labor at such military prison 
 as the Commanding General may designate for three years." 
 
 6. Private HENEY MILLER, Company E, Twentieth Infantry. 
 CHARGE "Desertioi.." 
 
 Specification. " In this, that hu, the said Henry Miller, a duly en- 
 listed soldier in the service of the United Ftates, did desert the same 
 at Camp Grant, Va. , August 2d, 1 866, and did remain absent until 
 apprehended at Lynchburg, Va., on or about April 17th, 1868, 
 Thirty dollars reward paid for his apprehension. 
 
 PI.EA. To the Specification. "Guilty." 
 To the Charge. " G uilty . ' ' 
 
 FINDING. Of the Specification. "Guilty." 
 Of the CJiarge. ""Guilty." 
 
 SENTENCE. ' To have his head shaved and be dishonorably dis- 
 charged and drummed out of the service of the United States; to 
 forfeit all pay and allowances now due, or that may become due 
 him; to be indelibly marked on the left hip with the letter 'D,'
 
 three inches long; and to be confined at hard labor at such military 
 prison as the Commanding General may designate for three years." 
 
 II. The proceedings and findings in the foregoing cases are ap- 
 proved. The sentences are confirmed, and will be duly executed. 
 Ship Island, Miss., is designated as the place of confinement. 
 BY CoiiMANiJ OF BHUVET MAJOR GENERAL L. H. ROUSSEAU : 
 
 LOS. H. NEIKL, 
 
 3or, Twentieth Infantry. Brevet Brigadier General, U. S. A., 
 OFFICIAL i^ / Acting Assistant Adjutant General. 
 
 'Sec. Lieut., Thirty-s-venth Inf.,Bvt. i'rst Lieut 
 Acting Assistant Adjutant General.
 
 HEADQUARTERS, DEPARTMENT OF LOUISIANA, 
 
 ENEKAI. OR:EKS | New Orleans, La., Oct. 7, 1868. 
 
 I. The following extract from General Orders No. 78, Headquar- 
 ters of the Army, Adjutant General's office, of date September 21, 
 1868, is published from these Headquarters for the information and 
 action of officers of this command: 
 
 " Department Commanders will report to the Adjutant General of the Army 
 with a view to their being brought before a Retiring Board, the cases of all 
 officers in their Departments who are incapacitated for active service. 
 
 " Habitual intemperance, frequenting gambling houses, and other vicious 
 habits which disqualify an officer for the proper discharge of active military, 
 duties, or make him habitually neglectful ; and in general, any cause which in 
 the opinion of the Department Commander renders an officer palpably in- 
 efficient and unfit for the military service, will be regarded as proper subjects 
 for the consideration and report of the Retiring Board. 
 
 "The report of the Department Commander in each case should contain a 
 specific statement of facts and the names of witnesses to prove them." 
 
 II. All officers, belonging to regiments and detachments serving 
 in the Department of Louisiana, who may be affected by the above 
 order, will be reported to these Headquarters, through the Head- 
 quarters of Districts, by the commanding officers of such regi- 
 ments or detached companies; these reports t ) be accompanied by 
 a specific statement of facts, in each case, and the names of wit- 
 nesses in proof. 
 
 BY COMMAND OF BUEVF.T MAJOH GICNEKAL L. H. ROUSSEAU: 
 
 FHOS. H. NETLL, 
 
 Twentieth Infantry, BreWt Brigadier General, U,. S. A., 
 OFFICIAL:/ , ' Acting Assistant Adjutant General. 
 
 ;. Lieut., Thirty -seventh Inf., Bvt. First Lieut., U. S. A., 
 Acting Assistant Adjutant General.
 
 HEADQUARTERS, DEPARTMENT OP LOUISIANA, 
 
 Orleans, La., Oct. 7, 1868. 
 
 Before a Garrison Court Martial which convened at the post of 
 Fort Smith, Arkansas, of which Brevet Major Thomas Cummings, 
 Captain, Nineteenth Infantry, is President, was arraigned and tried 
 Quartermaster Sergeant Sidney W. Garratt, Company H, Nineteenth 
 Infantry. 
 
 The accused was sentenced "to be reduced to the ranks as a 
 private sentinel; and to forfeit to the United States five dollars of 
 his monthly pay for one month." The record was'forwurded by the 
 reviewing officer to the Department Commander for his supervision, 
 in compliance with Paragraph 898, Revised Regulations. 
 
 The absurdity of the first part of this sentence has-been hereto- 
 fore remarked upon in General Orders, and the Commanding Gen- 
 eral trusts that such an one will not again come before him for 
 confirmation. Re lucid to the <jra<ie of private, is the accurate expres- 
 sion of the will of the Court in such cases. But under the ruling 
 of the Judge Advocate General, (Digest, page 29, sedio'i <>,) a Gar- 
 rison or Regimental Court cannot sentence a non-commissioned 
 officer to be reduced where the effect of such sentence will be to 
 deprive him of more than one mouth's pay. The record in all such 
 cases, therefore, must be accompanied by evidence showing the date 
 of expiration of the soldier's enlistment. In the present case, if 
 the accused had longer than three months and three-quarters to serve, 
 the sentence would be illegal, since it would result in his forfeiture 
 of more than twenty dollars his pay per mouth at the date of his 
 reduction. So much of the sentence in the case of Quartermaster 
 Sergeant Garratt as provides that he be reduced to the ranks is, 
 for the foregoing reasons, disapproved, and will not be executed. 
 
 BY COMMAND OF BKKVKT MAJOK GEXEUAL L. H. ROUSSEAU: 
 
 H. NELLL, 
 
 )r, Twentieth InfantiA', Breve\ Brigadier General, U. S. A., 
 OFFICIAL:/' / Actiuir At 
 
 :c. Lieut., Thirty-seventh luf., Bvt. First Lieut., U. S. A., 
 Acting Assistant Adjutant Gem-nil.
 
 HEADQUAKTERS, DEPARTMENT OP LOUISIANA, 
 
 GENE No!"?9 KUEUS l New Orleans, La., Oct. 12, 1868. 
 
 1. Betore u General Court Martial which convened at the post of 
 Washington, Arkansas, by virtue of Paragraph 2, Special Orders 
 No. 7, current series, from these Headquarters, and of which Brevet 
 Colonel C. C. Gilbert, Lieutenant Colonel, Twenty-eighth Infantry, 
 is President, were arraigned and tried: 
 
 1. Musician JOHN G. HENDEK, Company K, Twenty-eighth In- 
 fantry. 
 
 CHARGE IST. " Absence without leave." 
 
 Specification. "In this, that he, Musician John G. Render, Com- 
 pany K, Twenty-eighth Infantry, did, without proper authority, 
 absent himself from his company and post at retreat roll-call, on 
 June 27th, 1868. This at or near Washington, Arkansas, on or 
 about June 27th, 18l>8.' : 
 
 CHARGE 2o. "Conduct to the prejudice of good order and military 
 discipline." 
 
 Specification Fird. "In this, that he, Musician John G. Heuder, 
 Company K, Twenty-eighth Infantry, did run along the streets of 
 Washington, Arkansas, \vith a club in his hand, and did knock down 
 what .freedmen he met, to-wit: Anthony, at E. K. Williamson's, 
 Frank llice and Isaac Nolen, without any just cause or provocation 
 whatever; and did use the most obscene language on the public 
 streets and in public houses, to-wit: He called one Mr. Williams, a 
 citizen clerk iu Max Parker's store, ' a damned lying ;' 
 
 this in presence of a great many' citizens. All this at or near Wash- 
 ington, Arkansas, on or about the Twenty-seventh day of June, 
 18(58." 
 
 Specification Second. -"In this, that he, Musician John G, llender, 
 Company K, Twenty-eighth Infantry, did go into the auction room 
 of Max Parker, and did interrupt the sale by bidding on articles; 
 and when they were knocked down to him, he would and did tell 
 
 the auctioneer to ' ,' and did behave himself in a most 
 
 drunken, disorderly and disgraceful manner. All this at or near 
 Washington, Arkansas, on or about the Twenty-seventh day of 
 June, 1868." 
 
 PLKA. To Hie Specification of First Charge" Guilty." 
 To the First Charge "Guilty." 
 
 To the First Specification of Second Churye -"Not Guilty." 
 To the Second Specification of Second C'harye "Not Guilty." 
 To the Second Charge "Not Guilty."
 
 . Of the Specification of First Charge "Guilty." 
 Of the First Charge "Guilty." 
 
 Of the First Specifica'ion of Second Charge' ' Not Guilty. " 
 
 Of the Second Specification of Second Charge "Guilty, 
 
 except the words, ' and when they were knocked down to him lie 
 
 would and did tell the auctioneer to .' " 
 
 Of the Second Charge " Guilty. 1 ' 
 
 SENTENCE. "To forfeit to the United States five dollars of 
 his monthly pay for five mouths." 
 
 2. Private PATRICK BCBNS, Company F, Twenty-eighth Infantry. 
 CHAEGE IST. "Absence without leave." 
 
 Specification. "In this, that he, Private Patrick Burns, Company 
 F, Twenty-eighth Infantry, being regularly detailed on duty with 
 the wood party, did, without proper authority, absent himself irorn 
 the same from the morning of the 24th of June, 1868, to the even- 
 ing of the 25th of June, 1868. All this at or near Washington, 
 Arkansas, on or about the Twenty- fifth clay of June, 1868.'' 
 
 CHABGE 2o. "Conduct to the prejudice of good order and mili- 
 tary discipline. ' ' 
 
 Specification First. "In this, that he, I'rivate Patrick Burns, Com- 
 pany F, Twenty-eighth Infantry, did go to the house of Elizabeth 
 Jones, a freedwoman, situated in the woods near the camp of a de- 
 tachment of the Twenty-eighth Infantry, and by force and violence 
 try to ravish the said Elizabeth Jones and Harriet Page, freedwomen. 
 All this at or near Washington, Arkansas, on or about June 24th, 
 1868." 
 
 Specification Second. "In this, that he, Private Patrick Burns, 
 Company F, Twtuty-eighth Infantry, did enter the house known as 
 the old freedmen's hospital, and did assault therein a certain freed- 
 woman named Mollie Nash, and did beat, kick and choke her in a 
 severe and brutal manner. All this at or near Washington, Arkan- 
 sas, on or about the Twenty-fourth day of June, 1868." 
 FLEA. To ihe Specification of First Charge " Noi, Guilty. " 
 To the First Charge "Not Guilty." 
 
 To (lie First Specification of Second C/iirge" Not Guilty. " 
 1o the Second Specification of Second Charge ' ' Not Guilty. ' ' 
 To the Second CJiurge "Not Guilty." 
 FINDING. Of the Specification of First C'hcrge "Guilty." 
 Of the First Charge "Guilty." 
 
 Of the First Specification of Second Chary "Guilty, 
 except the words, ' the said Elizabeth Jones and.' " 
 
 Of the Second Specification of Second Cfiarge " Guilty." 
 Of the Second Charge " Guilty." 
 SENTENCE. " To be confined at hard labor at sue- h place as the
 
 Commanding General may direct for the period of one month; and 
 forfeit to the United States ten dollars of his monthly pay for five 
 months." 
 
 3. Private GEOKGE WILLIS, Company F, Twenty-eighth Infantry. 
 CHARGE "Absent without proper authority." 
 
 Specification. "In this, that he, Private George Willis 1 , Company 
 F, Twenty-eighth Infantry, being duly detailed in the Quartermas- 
 ter's Department, did absent himself from work and from the garri- 
 son the greater part of the afternoon of the Fourteenth day of August, 
 1SG8, without proper authority. All this at or near Washington, 
 Arkansas, on or about the Fourteenth day of August, 1868." 
 
 PI.EA. To the Specification "Not Guilty." 
 To I heCharge "Not Guilty." 
 
 FINDING. Of the Specification " Guilty/' 
 Of the Charge' ' Guilty. " 
 
 SENTENCE. " To forfeit to the United States five dollars of his 
 monthly pay for one month." 
 
 4. Private JOHN A. CASE, Company F, Twenty-eighth Infantry. 
 CHARGE. "Conduct prejudicial to good order and military 
 
 discipline." 
 
 Specification. " In this, that he, Private John A. Case, Company 
 F, Twenty -eighth Infantry, having reported to Acting Assistant 
 Surgeon D. J. Evans, U. S. Army, and being ordered by said Act- 
 ing Assistant Surgeon Evans, to take a do-e of salts, he, Private 
 John A. Case, Company F, Twenty-eighth Infantry, did take said 
 dose of salts from the table or counter where it had been prepared 
 for him, walked to the door, threw the salts on the ground, returned 
 the glass to the counter and walked out of the door, at the same 
 time remarking 'you can't get any of your damned salts down me,' 
 or words to that effect. All this at the post hospital at Washington, 
 Arkansas, on or about the Fourteenth day of August, 1868." 
 PLEA. To Ike Specification" Guilt}'. " 
 To (lie Cl.arye "Guilty. 1 ' 
 
 FINDING. Of ihe Specification "Guilty, except the words 'from 
 the Garrison.' " 
 
 Of ihe Charge " Guilty. " 
 
 SENTENCE. " To forfeit five dollars per month of his monthly pay 
 for four months. " 
 
 5. Private LUUWIG KOHNE, Company F, Twenty-eighth Infantry. 
 CHARGE IST. " Conduct to the prejudice of good order and military 
 
 discipline. " 
 
 Specification. " In this, that he, Private Ludwig Kohne, Compa- 
 ny F, Twenty-eighth Infantry, being regularly detailed in the Quar- 
 termaster's Department as bricklayer, and being specially ordered
 
 by Lieutenant Thos. M. Wenie, Twenty-eighth Infantry, Acting 
 Assistant Quartermaster, to work on a chimney on the bake-house 
 at this post, did fail to do so, but went away and stayed until arrested 
 by the guard sent after him. All this at or near Washington, Ar- 
 kansas, on or about the Fourteenth day of August, 1868. " 
 CHARGE 2D. "Disobedience of orders." 
 
 ^l>ecification. "In this, that he, Private Ludwig Kohne, Com- 
 pany F, Twenty-eighth Infantry, being regularly detailed and put 
 on duty in the Quartermaster's Department as bricklayer, and hav- 
 ing been met loafing around the streets of Washington, Arkansas, 
 was specially ordered by Lieutenant Thos. M. Wenie, Twenty- 
 eighth Infantry, Acting Assistant Quartermaster he bt-iug in the 
 execution of his legitimate duty at the time to go to camp, and go 
 to work on a chimney of the bake-house at this post, that he was in 
 a very great hurry with, did fail to obey, but stayed away all day 
 until he was arrested by a guard sent after him. All this on or 
 about the Fourteenth day of August, 18G8." 
 
 PLKA. To the Specification of First Lltunje "Not Guilty." 
 To ike First Charye." Not Guilty." 
 To the Specification of the Second c'/iarye. "Not Guilty." 
 To the Second Charge. "Not Guilty." 
 
 FINDING. Of the t-'pecijicatiun of Firtt Chanje. "Guilty, except 
 the words 'did remain away until arrested by the guard.' " 
 Of the tir< Charge." Guilty." 
 Of the Specification of Second Ch'inje. " Not Guilty.'' 
 Of the Second Ch-ircje. " Not Guilty." 
 
 SENTENCE. "To forfeit to the United States five dollars per 
 mouth of his monthly pay for six months." 
 
 6. Private PETEII KE. \NEDY, Company F, Twenty-eighth Infantry. 
 CHARGE. "Disobedience of orders. " 
 
 Specification. "In this, that he, said Private Peter Kennedy, 
 Company F, Twenty-eighth Infantry, did after having been duly 
 cautioned in company orders, published, not to enter the company 
 kitchen enter the same without proper authority, and in violation 
 of the lawful commands of his company commander. This, at 
 Washington, Ark., on or about the Fifteenth day ot July, 1868." 
 
 FINDING. Of the Specification. " Not Guilty." 
 Of the Charge. "Not Guilty." 
 
 "And does therefore acquit him." 
 
 7. Private PATRICK KOCHE, Company F, Twenty-eighth Infantry. 
 
 CHAEGE. "Conduct to the prejudice of good order and military 
 discipline." 
 
 Specification. In this, that he, Private Patrick Hot-he, Company 
 F, Twenty-eighth Infantry, being duly detailed and placed upon
 
 duty as cook's police in the kitchen of Company F, Twenty-eighth 
 Infantry, did become so drunk as to be totally unfit to perform his 
 duties as such. This, at the post of Washington, Ark., on or about 
 the Twenty-fourth day of August, 1868." 
 PLEA. To the Specification. " Guilty." 
 
 To the Charge. " Guilty." 
 FINDING. Of the Specification. " Guilty." 
 
 Of the Chat g?.' ' Guilty. " 
 SENTENCE. "To forfeit five dollars of his pay." 
 
 8. Private O. C. GUXDERSON, Company K, Twenty-eighth Infantry. 
 CHARGK. "Absence without proper authority." 
 Specification. In this, that he, Private O. C. Gundersoii, Company 
 
 K, Twenty-eighth Infantry, was absent from his quarters without 
 proper authority, between the hours of ten o'clock and twelve 
 o'clock, P. M., when the Officer of the Day made his rounds. All 
 this, at or near Washington, Ark., on the night of August 2oth, 18G8. 
 PLEA. To the Specification. "Guilty." 
 
 To the 0/iargs." Guilty.',' 
 FINDING. Lf the Specification. " Guilty. " 
 
 Of the Charge. "Guilty." 
 SENTENCE. "To forfeit five dollars of his pay." 
 
 9. Private JOHN HOLTON, Company F, Twenty-eighth Infantry. 
 CH.VHGE. "Conduct to the prejudice of good order and military 
 
 discipline." 
 
 Specification First. " In this, that he, Private John Holton, Com- 
 pany F, Twenty-eighth Infantry, did become drunk and disorderly 
 in the barracks of his company. ' 
 
 Specifi'Xdion Second. "In this, that he, Private John Holton, Com- 
 pany F, Twenty-eighth Infantry, did maliciously destroy the property 
 of Myran freedwornan. All this, in the barracks of Company F, 
 Twenty-eighth Infantry s at the post of Washington, Ark., on or 
 about the Twenty-ninth day of August, 18j8." 
 PLEA. To the First Specificjtion. "Guilty." 
 To the Second Specification. " guilty. " 
 To the Cha-ge. "Guilty." 
 FINHING. Of the Fir*t Specification. "Guilty." 
 
 Of the Second Specification. "Guilty." 
 . Of the Charge." Guilty. " 
 SENTENCK. "To forfeit five dollars of his pay for two months." 
 
 10. Artificer BERNARD LOCKHARD, Company F, Twenty-eighth 
 Infantry. 
 
 CHARGE. " Conduct to the prejudice of good order and military 
 discipline. " 
 
 Specification. 'In this, that he, Artificer Bernard Lockhard, Com-
 
 pany F, Twenty-eighth Infantry, having been turned over to Ser- 
 geant Jacob Steno, Company F, Twenty-eighth Infantry, by First 
 Sergeant Harry H. Goodrich, Company F, Twenty-eighth Infantry, 
 to police the ground around the officers' quarters and barracks 
 of his company, did fail to do so, and at'.er being told several 
 times by Sergeant Steno to come out of the company quarters, and 
 police around the quarters of his company officers, did say ' I am 
 going to stay here,' and ' I will rather go to the guard-house than 
 sweep,' or words to that effect. This, at the post of Washington, 
 Ark., at police call, on or about the Twenty-ninth day of August, 
 1868." 
 
 PLEA. To the Specification.- " Guilty.'* 
 'lothe Charge." Guilty." 
 
 FINDING. Of the Specification. " Guilty." 
 Of the. Charge." Guilty." 
 
 SENTENCE. "To forfeit five dollars of his monthly pay for three 
 months. " 
 
 11. Private WILLIAM SMITH, Company F, Twenty-eighth Infantry. 
 CHARGE IST. "Absence without leave." 
 
 Specification. " In this, that he, Private William Smith, Company 
 F, Twenty-eighth Infantry, did absent himself, without permission, 
 from the hospital, he being, at the time, convalescent from malarial 
 disease. This, at or near Washington, Ark., on or about the Four- 
 teenth day of August, 1868." 
 
 CHARGE 2d. " Disobedience of orders." 
 
 Specification. "In this, that he, Private William Smith, Company 
 F, Twenty-eighth Infantry, did become drunk, contrary to the written 
 rules and regulations for the government of the hospital. This, at 
 or near Washington, Ark., between the hours of eight, A. M., and 
 two, P. M., on or about the Fourteenth day of August, 1868." 
 PLEA. To the Specification to First Charge. "Guilty." 
 To the First Charge. " Guilty." 
 To the Specification lo Second Charge. " Guilty." 
 To the Stcond Charge. " Guilty." 
 
 FINDING. Of the Specification to First Charge. " Guilty." 
 'Of the First Charge. " Guilty." 
 Of the Specification to Second Charge. " Guilty." 
 Of the Sxotid Charge. " Guilty." 
 
 SENTENCE. " To forfeit five dollars of his monthly pay for five 
 months." 
 
 12. Private BAXTER JOHNSON, Company F, Twenty-eighth Infantry. 
 CHARGE IST. "Conduct to the prejudice of good order and mili- 
 tary discipline." 
 
 Specification. " In this, that he, Private Baxter Johnson, Company
 
 F, Twenty-eighth Infantry, did become drunk and disordely while 
 in the town of Washington, Ark., on or about the Twenty-fourth 
 day of June, 18'j8." 
 
 CHAR<;E 2D. " Disobedience of orders." 
 
 Specifi alion. " Jn this, that he, Private Baxter Jchnson, Com- 
 pany F, Twenty-eighth Infantry, did, after being ordered to camp by 
 Brevet Major H. E. Stausbury, Captain, Company F, Twenty-eighth 
 Infantry, refuse to obey said orders, and did remain in town. This, 
 at Washington, Ark., on or about the Twenty-fourth day of June, 
 1868." 
 
 PLEA. To the Spedfif/ition of First Chirge. "Not Guilty." 
 To the First Charge." Not Guilty." 
 To the Specification of Second Charge. " Not Guilt}'." 
 To the Sxond Ckarye. ' Not Guilty." 
 
 FINDING. Of the Specification io First Charge. " Guilty." 
 Of the tirsl Cliarge.' 1 Guilty." 
 Of the Specification to Second Charge. " Guilty." 
 Of the St ond Cliarqe. " Gu;lty." 
 
 SENTENCE. "To forfeit ten dollars of his monthly pay for six 
 months. '' 
 
 1IJ. Artificer JOHN TYSON, Company F, Twenty-eighth Infantry. 
 
 CHAUUE. "Violation of the Forty-second Article of War." 
 
 Specification. " In this, that he, the said Artificer John Tyson, 
 Company F, Twenty-eighth Infantry, did lie out of his quarters with- 
 out proper authority, between the hours of tattoo, on the Sixteenth, 
 and reveille, on the Seventeenth day of August, 1868. This, at the 
 post of Washington, Ark." 
 
 I'LEA. To the Specification. " Guilty." 
 To Hie Charge. " Guilty." 
 
 FINDING. Of the Specification. " Guilty." 
 Of the Charge. " Guilty." 
 
 SENTENCE. "To forfeit to the United States five dollars of his 
 pay." 
 
 14. Private JOHN AKMSTUONG, Company F, Twenty-eighth In- 
 fantry. 
 
 CHARGE. "Conduct to the prejudice of good order and military 
 disci;, line." 
 
 Specification. " In this, that he, the said Private John Armstrong, 
 Company F, Twenty-eighth Infantry, having been regularly detailed 
 for and placed on duty in the Quartermaster's Department, at Wash- 
 ington, Ark., did go away from his work, get very drunk, and stayed 
 away all day, and nr-til arrested aud brought back by a guard sent 
 after him. All this, at or near Washington, Ark. , on or about the 
 Fourteenth day of August, 1868."
 
 PLEA. To the dpeciftoalior. " Guilty." 
 To the Charge. " Guilty." 
 
 FINDING. Of ihe Specification " Guilty." 
 Of the Charge. "Guilty." 
 
 SENTENCE. "To forfeit to the United States live dollars of his pay. " 
 
 15. Private PATRICK McD. NNELL, Gompauy 11, Twenty-eighth 
 Infantry. 
 
 CHAEGE. "Conduct to the prejudice of good order and military 
 discipline. " 
 
 {specification First. " In this, that he, Private Patrick McDonnell, 
 Company H, Twenty-eighth Infantry, being a prisoner in the post 
 guard house, did, while in a state of intoxication when oidered by 
 the Corporal of the Guard, (Gustavus Grottjohann, company H, 
 Twenty-eighth Infantry,) to fall out with other prisoners for retreat 
 roll-call refuse to obey said order, uud did use disrespectlul and 
 violent language to said Corporal Grottjohanu, he being at the time 
 in the execution of his duty. This near Caiuden, Arkansas, on or 
 about the Fourteenth day of August, 18(58." 
 
 Specification Second. "In this, that he, Private Patrick McLounell, 
 Company H, Twenty-eighth Infantry, did forcibly resist Sergeant 
 Peter Jones, Company G, Twenty-eighth Infantry, and Corpora! 
 Gustavus Grottjohann, Company H, Twenty-eighth Infantry, when 
 in the execution of their duty as members of the guard, attempting 
 to execute the orders of Second Lieutenant G. H. lladetzki, Twenty- 
 eighth Infantry, Officer of the Day, ai.d did assault and strike with 
 a log of wood, the said Sergeant Jones and Corporal Grottjohann, 
 continuing to use very boisterous and disrespectful language to them, 
 and conducting himself in a most violent manner until restrained by 
 the guard. This near Camden, Arkansas, on or about the Four- 
 teenth day of August, 1868." 
 
 Specification Third. " In this, that he, Private Patrick McDonnell, 
 Company, H, Twenty-eighth Infantry, alter promoting the Sergeant 
 of the Guard, (Peter Jones, Company G, Twent) -eighth Infantry,) if 
 untied, to conduct himself quietly, did, on being untied, rush to the 
 gun-rack, seize a gun therefrom, and did attack the guard with said 
 gun. This at or near Camden, Arkansas, on or about the Fourteenth 
 day of August, 1868." 
 
 PLEA. To the First Specification. "Not Guilty." 
 To the Second Specification. " Not Guilty." 
 To tJie Third Specification. ''Not Guilty." 
 To the Ctiarye. "Not Guilty." 
 
 FINDING. Of the First Specification. "Guilty."' 
 
 Of the Second Specification. "Guilty, except the words 
 ' Sergeant Jones and. ' "
 
 Of the Third Specification. " Guilty, except the words 
 ' did attack the guard with said gun.'" 
 Of the Charge. "Guilty." 
 
 SENTENCE. " To forfeit ten dollars of his monthly pay for ten 
 months." 
 
 16. Private FRANCIS STEVENSON, Company H. Twenty-eighth In- 
 fantry. 
 
 CHARGE IST. "Violation of the Fiftieth Article of War." 
 
 Specification. "In this, that he, Private Francis Stevenson, Com- 
 pany H, Twenty-eighth Infantry, being regularly detailed and 
 mounted as a member of the post guard, at Camdeu, Arkansas, did 
 leave said guard without urgent necessity, or leave from his supe- 
 rior officer. All this, at camp near Camden, Arkansas, on or about 
 the Ninth day of August, 1868. " 
 
 CHABGE 2o. "Absence without leave." 
 
 Specification. "In this, that he, Private Francis Stevenson, Com- 
 pany H, Twenty-eighth Infantry, did, without permission from pro- 
 per authority, absent himself from his guard and camp, from 9 
 o'clock, A. M., until 12 o'clock, Noon, and from 1 o'clock, P. M., 
 until 3:30 P. M., of the Ninth day of August, 1868. All this at 
 camp, near Camdeu, Arkansas." 
 
 CHARGE 3o. "Worthlessness, to the prejudice of good order 
 and military discipline." 
 
 Specification. " In this, that he, Private Francis Stevenson, Com- 
 pany H, Twenty-eighth Infantry, has, by the use of intoxicating 
 drinks, become utterly worthless as a soldier in the Army of the 
 United States." 
 
 CHARGE 4iH. "Conduct to the prejudice of good orderaud mil- 
 itary discipline." 
 
 Specification. "In this, that he, Private Francis Stevenson, Com- 
 pany H, Twenty-eighth Infantry, has, by the excessive use of in- 
 toxicating drinks, at various times rendered himself unfit for the 
 performance 01 his duties as a soldier, and has rendered necessary 
 his confinement in the guard house at his company station, on the 
 following occasions, viz: From November 3 to November 22, 1867; 
 from March 19 to March 28, 1868; on May 17, 1868; from June 24 
 to June 28, 1868; from July 2 to July 16, 1868, and from August 9 
 to August 20, 1863, and is at present in confinement. This at post 
 of Little Rock, Arkansas, and post of Camden, Arkansas, on or 
 about the dates above specified." 
 
 PLEA. To the Specification to the Firt-.t Charge. "Not Guilty." 
 To the First Charge." Not Guilty." 
 To the SpecificatiO'i to Sacond Charge. ''Not Guilty." 
 Tc the Second Chnige. "Not Guilty." 
 Tu the Si^cification to Third Charge. "Not Guilty." 
 To the Third Charge. " Not Guilty."
 
 10 
 
 To the Specification of Fourth Charge. "Not Guilty." 
 To the Fourth Chirge. "Not Guilty." 
 FINDING. Of the Specification of First Charge. "Guilty." 
 Of the First Charge. "Guilty" 
 
 Of the Specification of Second Charge. "Guilty, except 
 the words ' ironi 9 o'clock, A. M., until 12 o'clock, Noon."' 
 Of the Second Cnarge. " Guilty." 
 Of the Spcc'fic ttion of Tuird Charge. "Not Guilty." 
 Of the Third Charge. ' Not Guilty." 
 Of the Specification of Fourth Charge. "Not Guilty." 
 Of the Fourth Charge "Not Guilty." 
 
 SENTENCE. " To forfeit twelve dollars of his monthly pay during 
 the balance of his term of bis enlistment." 
 
 17. Sergeant ROBERT L. TOLSON, Company K, Twenty-eighth In- 
 fantry. 
 
 CHARGE. " Conduct to the prejudice of good order and military 
 discipline." 
 
 Specification. "In this, that he, Sergeant Robert L. Tolson, Com- 
 pany K, Twenty-eighth Infantry, did falsely report to Lieutenant 
 John A. Payne, Twenty-eighth Infantry, Post Adjutant, that the de- 
 tail from Company F, Twenty-eighth Infantry, ordered to go with 
 him on detached service to Spoonville, Arkansas, was picked with 
 the intention of sending the poorest men of the company, or words 
 to that eifect. This, at the post of Washington, Arkansas, on or 
 about the Thirty-first day of August, 1868." 
 
 PI.EA. To the Specification. "Not Guilty." 
 To the Charge. "Not Guilty." 
 
 FINDING. Of the Specification. "Guilty." 
 Of the Charge. " Guilty." 
 
 SENTENCE. "To forfeit five dollars of his monthly pay per mouth 
 for four months." 
 
 18. Private JOSEPH WELLS, Company K, Twenty-eighth Infantry. 
 CHARGE. " Conduct t'o the prejudice of good order and military 
 
 discipline. " 
 
 Specification. "In this, that he, Private Joseph Wells, Company 
 K, Twenty-eighth Infantry, he being regularly detailed and placed oa 
 duty in the Quartermaster's Department as carpenter, and having 
 been ordered to go to work on the roof of the bake-house at this 
 post, failed to do so, but went away without leave, and stayed away 
 until arrested by a guard sent after him. This, at or near Washing- 
 ton, Arkansas, on or about the Fourteenth day of August, 18G8." 
 
 PLEA. To the Specification. "Not Guilty." 
 To Hit Chn-rye. " Xot Guilty." 
 
 FINDING. Of the Specification. "Guilty."' 
 Of the Charge. "Guilty."
 
 11 
 
 SENTENCE. " To forfeit ten dollars per niouth of his monthly 
 pay for two mouths." 
 
 19. Private EPHEAIM B. MAPLES, Company F, Twenty-eighth 
 Infantry. 
 
 CHARGE. " Conduct to the prejudice of good order and military 
 discipline. " 
 
 Specific ition. "lu this, that he, Private Ephraim B. Maples, 
 Company F, Twenty-eighth Infantry, did, while he was a member 
 of the guard at this post, allow the following named prisoners, viz: 
 Musician Matthew McNamara, Company F, Twenty-eighth Infantry, 
 Private James Corcoran, Company F, Twenty-eighth Infantry, 
 and Private James Dunn, Company F, Twenty-eighth Infantry, 
 while they were to work under his charge, to get whiskey, and did 
 lay down his rifle and sit down and drink whiskey with them; and 
 did allow the said prisoners to get drunk, so that they got fighting; 
 and when spoken to about it by Private John Riley, Company F, 
 Twenty-eighth Infantry, did tell him ' to go to hell, and mind his 
 own business." All this at or near Washington, Ark., on or about 
 the Thirty-first day of August, 1868." 
 
 PLEA. -To the Specification. " Not Guilty." 
 To (he Charge. ' Not Guilty." 
 
 FINDING. Of the Specification. "Guilty." 
 Of the Charge. 'Guilty. " 
 
 SENTENCE. " To forfeit five dollars per month of his monthly 
 pay for the period of twelve months." 
 
 20. Sergeant CHARLES E. BCUT, Company F, Twenty-eighth In- 
 fantry. 
 
 CHARGE IST. "Conduct to the prejudice of good order and mili- 
 tary discipline." 
 
 Specification. "In this, that he, Sergeant Charles E. Burt, Com- 
 pany F, Twenty-eightn Infantry, did report at the quarters of his 
 company commander, Brevet Major Howard E. Stansbury, Captain, 
 Twenty-eighth Infantry, in a state of intoxication. Tuis at the post 
 of Washington, Ark., on or about the Fourth day of September, 1868. " 
 
 CHARGE 2o. "Neglect of duty." 
 
 Specification. "In this, that he, Sergeant Charles E. Burt, Com- 
 pany F, Twenty-eighth Infantry, being on duty as Quartermaster 
 Sergeant of his company, and required to make out the returns of 
 his department, did fail to make out the returns of clothing, camp 
 n.iid garrison equipage, for the month of August, 1868, in the time re- 
 quired by regulations. This at the post of Washington, Ark., on or 
 about the mouth of September, 1868." 
 
 PLEA. To ihe Specification to Fust Charge. "Not Guilty." 
 To ihe First Charge. "Not Guilty." 
 To the tipecificilion to Second Charge. - "Not Guilty." 
 To the Second Charge. "Not Guilty." 

 
 1-2 
 
 FINDING. Of the 8pec : ficalion of First Chary?. ' ' Guilty. " 
 Of the First Charge. " Guilty." 
 
 Of ike Specification of Secoi.d Oiarrje. "Guilty, except 
 tlae words, 'although several times cautioned to do so.' :> 
 
 Of the Sscond Cliarye. "Guilty." 
 
 SENTENCE. "To be reduced to the ranks, and to forfeit five 
 dollars per month of his monthly pay for five months." 
 
 '21. Private BKNJA.MIN F. FBAZEE, Company K, Twenty-eighth 
 Infantry. 
 
 CHABGE. "Conduct to the prejudice of good order and military 
 discipline." 
 
 Specific-ition. "In this, that he, Private Benjamin F. Frazee, 
 Company K, Twenty-eighth Infantry, did become drunk and dis- 
 orderly, and did disturb the public peace. This in the town of 
 Washington, Ark., on or about July 25th, 1868." 
 PLEA. To the Specification. "Not Guilty." 
 
 To the Ch'ir.je. "Not Guilty." 
 FINDING. Of the Specification. "Not Guilty." 
 
 Of the Charge. "Not Guilty." 
 "And does therefore acquit him." 
 
 II. The proceedings and findings in the cases of 
 Musician John G. Hender, Company K, Twenty-eighth Infantry, 
 
 Private Patrick Burns, " F, " " 
 
 " George Willis, " " " ' 
 
 " John A. Case, " " 
 
 " Ludwig Kohne, " " " " 
 
 " Patrick Roche, " " " " 
 
 " 0. C. Gunderson, " K, " 
 
 " JohnHolton, " F, " " 
 
 Artificer Bernard Lockhard, 
 
 Private William Smith, " " " " 
 
 " Baxter Johnson, " " " " 
 
 Artificer John Tyson, " li " " 
 
 Private John Armstrong', " " 
 
 " Patrick McDonnell, " H, " " 
 
 Sergeant Robert L. Tolson, " K, " " 
 
 Private Joseph Wells, " " " " 
 
 " Ephraim B. Maples, " F, " " 
 
 are approved. The sentences are confirmed and will be duly execu- 
 ted. Private Burns will be confined in charge of the guard at the 
 post where his company may be serving.
 
 13 
 
 The proceedings, findings and acquittal in the case of Private 
 Benjamin Frazee, Company K, Twenty-eighth Infantry, are approved. 
 He will be released from confinement and restored to duty. 
 
 The proceedings in the case of Private Peter Kennedy, Company 
 F, Twenty- eighth Infantry, are disapproved, for the reason that it 
 " does not appear that the accused was allowed to plead. The find- 
 ings and acquittal are approved. He will be released from confine- 
 ment and restored to duty. 
 
 The proceedings iu the case of Private Francis Stevenson, Com- 
 pany H, Twenty-eighth Infantry, are disapproved, on account of 
 variance in the name of the accused as appearing in the record. In 
 the specification it is Steve/tson, in the sentence Steveson. The 
 third charge in this case " worth lessness" does not strictly name 
 an offenoe under the Ninety-ninth or any other Article of War. A 
 soldier may properly be tried under the Ninety-ninth Article for a 
 course of conducl such as the specification to this charge describes 
 which results in rendering him utterly worthless ; and it is with 
 that only he should be charged. He will be released from confine- 
 ment and restored to duty. 
 
 The proceedings in the case of Sergeant Charles E. Burt, Com- 
 pany F, Twenty-eighth Iniantvy, are approved. The findings upon, 
 the first charge and its specifications are approved; upon the second 
 charge and its specifications they are disapproved. The accused 
 was charged with neglect of duty, in that he failed to make the 
 returns of clothing, camp and garrison equipage for the company 
 within the time required by Army Kegulations. The Commanding 
 General is greatly surprised that the Court viewed this charge in 
 the manner indicated by its finding. These returns are required of 
 the commissioned officer commanding the company, and no enlisted 
 man can properly be held responsible for them. The company 
 commander can unquestionably require any soldier of his company 
 to perform the clerical labor involved, and if disobeyed should insti- 
 tute proceedings against him under the Ninth Article of War; 
 but the attempt to hold him responsible for the performance of a 
 duty required solely of the company commander, displays a gross 
 misapprehension of the duties of such commander on the part of 
 both himself and the Court. The sentence is confirmed and will be 
 duly executed. 
 
 OMMAND OF EKEVET MAJOK GKXEUAL L. H. EOIJSSKAU: 
 
 NEILL, 
 
 twentieth Infantry, Bt-ovet Bridhlier General, U. S. 
 OFFICIAL : / / Acting Assistant AcTTSLiut General. 
 
 t. Lieut., Thirty-seventh Inf.,Bvt. First Lieut., U. S. A., 
 Acting Assistant Adjutant General.
 
 HEADQUARTERS, DEPARTMENT OF LOUISIANA, 
 
 GESK *-* DEK8 5 Neu > Orleans, La., Oct. 15, 1868. 
 
 I. Before a General Court Martial which convened at Fort Smith, 
 Arkansas, by virtue of Paragraph 3, Special Orders No. 17, current 
 series, from these Headquarters, and of which Lieutenant Colonel 
 Piiiekuey Lugenbeel, Nineteenth Infantry, is President, were ar- 
 raigned and tried: 
 
 1. Artificer CHARLLS W. MotriTT, Company K, Nineteenth In- 
 fantry. 
 
 CHAUGE. " Violation of the Forty -fifth Article of War drunken- 
 ness on duty." 
 
 Specification. "In this, that he, Artificer Charles W. Moffitt, 
 Company K, Nineteenth Infantry, did appear in an intoxicated con- 
 dition on dress parade, on the evening of September 8th, 186d, which 
 rendered him incapable to stand in the ranks. This at Fort ouuih, 
 Arkansas, on or about the date above specified." 
 
 PLEA. To the Specification. "Guilty." 
 To the Ukai ge. " G uilty. ' ' 
 
 FINDING. Of the Specification. ' Guilty." 
 Of the Charye. ' ' Guilty. " 
 
 SENTENCE. "To be confined at hard labor in charge of the guard 
 for the period of three months from September llth, 1868." 
 
 2. Private WILLIAM KAYSEK, Company G, Nineteenth Infantry. 
 
 CHAKGE. ' ' Desertion. " 
 
 Specification. "In this, that he, Private William Kayser, Com- 
 pany G, Nineteenth Infantry, did desert the service of the United 
 States from the post of Dover, Arkansas, on or about the Twenty- 
 third day of July, ] 867, and did remain absent until apprehended 
 near Lewisburg, Arkansas, on or about the Nineteenth day of July, 
 1868. All this at Dover, Arkansas, on or about the Twenty-third day 
 of July, 1867." 
 
 PLEA. To the Specification. " Guilty.'" 
 'lo the Charge. " Guilty." 
 
 FINDING. Of the Specification. "Guilty." 
 Of the Charge. "Guilty." 
 
 SENTENCE. "To be dishonorably discharged the military service 
 of the United States, with loss of all pay and allowances, now due or 
 to become due, except the just dues of the laundress; and to be 
 confined in such penitentiary as the Commanding General may des- 
 ignate, until May 1st, 1870." 
 
 3. Private PATRICK LYNCH, Company K, Nineteenth Infantry.
 
 CHABGB. "Violation of the Forty-sixth Article of War sleeping 
 on post. " 
 
 Specification. "In this, that he, Private Patrick Lynch, Company 
 K, Nineteenth Infantry, being a member of the guard mounted at 
 Fort Smith, Arkanf as, and having been duly posted as a sentinel on 
 post No. 7, on the Twenty-fifth of July, 1868, did wilfully neglect 
 his duty by sleeping on post, and was found so asleep by First Lieu- 
 tenant Oliver Wetmore, Jr. , Nineteenth Infantry, Officer of the Day, 
 between the hours of 4 and 5, A. M., on the Twenty-sixth of July, 
 1868. All this on or about the time and dates above specified at 
 Fort Smith, Arkansas." 
 
 PLEA. To the Specification. "Not Guilty." 
 To the Charge." Not Guilty." 
 
 FINDING. Of the Specification." Guilty." 
 Of the Charqe." Guilty." 
 
 SENTENCE. " To be confined at hard labor in charge of the < r uard 
 with an iron ball weighing twenty-four pounds attached to his left 
 leg by a chain three and one-half feet in length, for the period of 
 six months, from the Fourteenth day of September 1863; and to 
 forfeit to the United States ten dollars per month of his monthly 
 pay for the same time. " 
 
 4. Private CHARLES MATNEY, Company F, Nineteenth Infantry. 
 
 CHARGE. "Conduct to the prejudice ot good order and military 
 discipline." 
 
 Specification First. "In this, that he, Private Charles Matney, 
 Company F, Nineteenth Infantry, having been duly detailed fin- 
 guard, did absent himself from guard mounting on the morning of 
 the Twenty-seventh day of August, 1868." 
 
 Spedfiatiiftn Second. "In this, that he, Private Charles Matney, 
 Company F, Nineteenth Infantry, did absent himself without per- 
 mission from competent authority, from his company quarters and 
 the Gairison at Fort Smith, Ark , from about 6 o'clock, A. M., on 
 the Twenty-seventh day of August, until about 4 o'clock, A. M. of 
 the Thirtieth day of August, 1868, at which time he returned to camp 
 in such a state of intoxication as to be unfit for the performance of 
 any duty. " 
 
 Specification Third. "In this, that he, Private Charles M.itney, 
 Company F, Nineteenth Infantry, has, from the constant and excess- 
 ive use of intoxicating liquors, become an incorrigible ilrunkard, 
 necessitating his confinement in the post guard house during the 
 period of one year, from August 28th to August 30th," 1867, from 
 September 27th to September 30th, 1867, from May 8th to May 
 10th, 1868, from May tOth to May 22d, 1868, from August 19th to 
 August 22d, 1868, and Irom August 30th to September 1st, 1868. 
 All this at or near Fort Smith, Arkansas."
 
 3 
 
 PLEA. To the First Specification. " Guilty." 
 To the Second Specification. "Guilty." 
 To the Third Specification. " Guilty to all, excepting the 
 words ' become an incorrigible drunkard, necessitating' and sub- 
 stituting for the word 'necessitating,' the word 'necessitated.'" 
 
 To the Charge. "Guilty." 
 FINDING. Of the First Specification. " Guilty." 
 
 Of the Second Specification. " Guilty." 
 Of the Third Specification. "Guilty, except the words 
 'become an incorrigible drunkard, necessitating,' and substituting 
 tor the word ' necessitating ' the word 'necessitated.'" 
 
 Of (he Clwr.je. "Guilty." 
 
 SENTENCK. "To be confined at hard labor in charge ox the guard 
 for the period of three months, from September 14th, 1868, and to 
 forfeit to the United States ten dollars of his monthly pay per 
 month during the same time." 
 
 5. Private JOHN MUKPHY, Company E, Nineteenth Infantry. 
 CHAKGE. "Conduct to the prejudice of good order and military 
 
 discipline." 
 
 Specification. "In this, that he, Private John Murphy, Company 
 E, Nineteenth Infantry, did beat, strike and kick, his wife, Mrs. 
 John Murphy, a laundress of E, Company, Nineteenth Infajitry, iu 
 a shameful and outrageous manner, bruising and cutting her per- 
 son, BO as to render her unfit to perform her duties as laundress of 
 the company. This, at her quarters on the government reservation 
 at Fort Smith, Ark., on the morning of September 3d, 1868." 
 
 PLEA. To the Specification. "Not Guilty." 
 To the Wtarjjs. "Not Guilty." 
 
 FIMJINU. (// the Specification. " Guilty. " 
 Of the Charge. "Guilty." 
 
 SENTENCE. " To be confined at hard labor in charge of the uard 
 for three mouths from September loth, 1868." 
 
 6. Private Louis Doss, Company G, Nineteenth Infantry. 
 CHARGE. "Conduct to the prejudice of good order and military 
 
 discipline." 
 
 Sprcificat'on. "In this, that he, Private Louis Doss, Company G, 
 Niui-teenth Infantry, did take and steal from the office safe belong- 
 ing to Captain T. A. Baldwin, Nineteenth Infantry, monies to the 
 amount of fifty dollars belonging to Artificer Martin Brooks, Com- 
 pany G. Nineteenth Infantry, who had deposited said money with 
 Captain T. A. Baldwin, Nineteenth Infantry, tor s;ife keeping, and 
 did appropriate said money to his own private use. All this at Fort 
 Smith, Ark., on or about September 5th, 18b8."
 
 PLEA. To the Sp^iification. "Not Guilty." 
 To the Charge. "Not Guilty." 
 
 FINDING. Of the Specification. " Guilty." 
 Of the Charye. "Guilty." 
 
 SENTENCE. "To be confined at hard labor in charge of the guard 
 \vith a ball and chain attached to his left leg until the Fifteenth day 
 of September, 1869, and to forfeit ten dollars of his pay per month 
 for six months i'roru March loth, 1809." 
 
 7. Private LAWKENCE RICHAUIS, Company D, Nineteenth In- 
 fantry. 
 
 CHARGE. "Conduct to the prejudice of good order and mili- 
 tary discipline. " 
 
 ^p'ifii:<i'!(,ii Fhsl. " In this, that he, Private Lawrence Richards, 
 Company D, Nineteenth Infantry, did become so much intoxicated 
 as to be unable to attend to l.is duty. This at Fayetteville, Ark., on 
 or about the Sec. ml and Thirteenth days of March, 1868, the Third 
 day of April, 1863, the Fourteenth and Twentieth days of May, 
 18G8, and the Sixth day of June, 18G8." 
 
 Specification Second. "In this, that he, Private Lawrence Rich- 
 ards, Company D, Nineteenth Infantry, was, by reason of his drunk- 
 enness and bad conduct during the three months beginning March 
 Jd, ISliS, and ending June 2d, 1868, confined in the guard house for 
 the space of thirty days, to-wit: From March 2d to March 9th, from 
 March 13th to March 15th, from April 3d to April 13th, from May 2d 
 to May 23d, 1868, thus depriving the Government of his services 
 for that period. This at Fayetteville, Ark., from and between the 
 dates of March 2d, 1868, and June 2d, 1868," 
 
 Specification Third. "In this, that he, 1'rivate Lawrence Richards, 
 Company D, Nineteenth Infantry, has by reason of his constant 
 drunkenness, rendered himself unreliable as a soldier, a disgrace to 
 the service to which ho belongs, and a useless expense to the Gov- 
 ernment. This at Fayetteville, Afk., from and between the dates of 
 March 2d, 1868, and June 2d, 1868." 
 
 PLEA. -To the Ftrst Specification. "Guilty." 
 To the Second Specification. " Guilty." 
 To the Third Specification. ''Guilty. " 
 To the C'hartfc. " Guilty.'' 
 
 FINDING. Of Hi- Firttt X/tecifi<:atio>>. "Guilty." 
 Of the Sicond Specification. "Guilty." 
 Of the Third Sp-cificaHon. "Guilty." 
 Of the Chary e. " Guilty." 
 
 SENTENCE. "To forfeit to the United States all pay and allowances 
 now due or to become due, excepting the just dues of the laundress, 
 and to be dishonorably discharged the military service of the United 
 States."
 
 8. Private JOHN BOLINGEB, Company K, Nineteenth Infantry. 
 
 CHARGE. "Violation of the Forty-sixth Article of War sleeping 
 on post. " 
 
 Specification. "In this, that he, Private John Bolinger, K Compa- 
 ny, Nineteenth Infantry, having been regularly detailed and posted 
 as a member of the post guard on the Twenty-first instant, was 
 found sleeping on post by the Corporal of the guard. All this at 
 or near Fort Smith, Ark., on or about the Twenty -first day of Sep- 
 tember, 1868." 
 
 PLEA. To the Specification. " Not Guilty." 
 To the Charge." Not Guilty." 
 
 FINDING. Of the Specification " Guilty." 
 Of the C,'iai<je. ^Guilty." 
 
 SENTENCE. " To be confined at hard labor in charge of the guard 
 with an iron ball weighing twenty-four pounds attached to his left 
 leg by an iron cnain three and one-half feet in length, for the period 
 of six months, from the Twenty-third of September, 1868, and to 
 forfeit to the United States ten dollars of his pay per month for the 
 same time/' 
 
 II. The proceedings and findings in the foregoing cases are ap- 
 proved. 
 
 In the cases of Privates Louis Doss, Company G, and Lawrence 
 llichards, Company D, Nineteenth Infantry, the sentences are con- 
 firmed and will be duly executed. 
 
 lu the case of Private William Kayser, Company G, Nineteenth 
 Infantry, the sentence is approved, but in consideration of a recom- 
 mendation to clemency by the Court it is remitted. He will be re- 
 leased from confinement and restored to duty. 
 
 In the cases of 
 
 Private John Murphy, Company E, Nineteenth Infantry, 
 " Charles Matney, " F, ' " 
 
 " Patrick Lynch, " K, " " 
 
 " John Bolinger, " " '' " 
 
 Artificer Charles W. Moffitt, " " " " the sen- 
 
 tences are disapproved. 
 
 The Court greatly misconceived its duty in these cases in attempt- 
 ing to appoint the dates upon which the execution of the sentences 
 of imprisonment should commence. Sentences of Military Courts 
 have no legal effect until approved by the proper reviewing 
 officer. The term of imprisonment to which a soldier is sentenced 
 commences on the day he is delivered to the officer charged with 
 the execution of the order for his confinement. This delivery cer-
 
 tainly eaunot take place until after the promulgation of the action 
 of the reviewing officer and should take place at the earliest prac- 
 ticable date thereafter. In these casos the Court have provided that 
 the imprisonment shall commence upon the very day each case is 
 tried before the sentences have any force whatever. It is not be- 
 lieved that any officer in this Department, so misapprehends his 
 duty as to attempt to execute such sentences. 
 
 The prisoners will be released from confinement and restored to 
 duty. 
 BY COMMAND OF BUBVKT MAJOU GKNEUAL L. H. ROUSSEAU: 
 
 fEILL, 
 
 'Twentieth Infaiitry, lltevet Brigajfior General, U. S. 
 OFFICIAL:/ / Acting Assistant Adjutant General. 
 
 Li'- ii I., Thirty-Huveuth Inf., Bvt. First Lieut., U. b. A. 
 Actiug Assistant Adjutant General. 
 
 f 
 
 N
 
 HEADQUARTERS, DEPARTMENT OF LOUISIANA, 
 
 GENERAL OKDERSJ Ngw Q^^ ^ Ocfc> 19> 
 
 I. Before a General Gourt Martial which convened at Jackson 
 Barracks, La., by virtue of Paragraph 1, Special Orders No. 33, cur- 
 rent series, from these Headquarters, and of which Lieutenant Col- 
 onel William H. Wood, First Infantry, is President, were arraigned 
 and tried: 
 
 1. Private JOHN A. GALLAGHAN, Company B, First Infantry. 
 CHAKGE IST. " Violation of the Forty-fifth Article of War." 
 Specification. "In this, that he, Private John A. Gallaghan, Com- 
 pany B, First Infantry, having been duly detailed as a member of 
 the guard, was found drunk on his guard. This at New Orleans, 
 La , on or about September 12th, 1868." 
 
 CHABGE 2 a "Conduct to the prejudice of good order and military 
 discipline. " 
 
 Specification First. "In this, that he, Private John A Gallaghan, 
 - Company B, First Infantry, did, while under the influence of intox- 
 icating liquors, conduct himself in a very boisterous and disgraceful 
 manner. This at New Orleans, La., on the Twelfth day of Septem- 
 ber, 1868, between the hours of 10 and 11 o'clock, P. M." 
 
 Specification Second. "In this, that he, Private John A. G-allaghan, 
 Company B, First Infantry, after beicg taken in charge by the 
 guard for his disorderly conduct, and ordered by his company com^ 
 mander, Captain William H. Sterling, First Infantry, to be confined, 
 did resist the guard until overpowered by the same. This, at New 
 Orleans, La., on the Twelfth day of September. 1868, between the 
 hours of 10 and 11 o'clock, P. M." 
 
 PLEA. To the Specification of First Charge. " Guilty." 
 To the First Charge. "Guilty." 
 
 To the First Specification of Second C'hirge. " Guilty." 
 To the Second Specification of Second Charge. ' ' Guilty. " 
 To the Second Charge. "Guilty." 
 
 FiNDfNG. Of the Specification of First Charge. " Guilty. " 
 Of the Fiist Charge. "Guilty." 
 Of the First Specifica'ion of Second Charge. ' ' Guilty." 
 Of the Second Specification of Second Charge." Guilty. " 
 Of the Second Charge. " Guilty." 
 
 SENTENCE. "To be confined at hard labor in charge of the guard 
 for six mouths, and to forfeit to the United States ten dollars per 
 month of his monthly pay for the same period. "
 
 2. Wagoner JOHN J. TANDY, Company B, First Infantry. 
 
 CHARGE IST. " Violation of the Forty-fifth Article of War. " 
 
 Specification. "In this, that he, Wagoner John J. Tandy, Com- 
 pany B, First Infantry, was found drunk, while on duty with his 
 company, doing gnard duty at the T J. S. Mint, in the city of New 
 Orleans, La., during the night of the Twelfth and Thirteenth of 
 September, 1868. This at New Orleans, La." 
 
 CHARGE 2D. " Conduct to the prejudice of good order and mili- 
 tary discipline." 
 
 Specification First. " In this, that he, Wagoner John J. Tandy, 
 Company B, First Infantry, was drunk and disorderly, while with his 
 company on board of the steamer ' Ella Morse, ' en route from New 
 Orleans, to Jackson Barracks, La., between the hours of 1 and 2 
 o'clock, A. M., on the Thirteenth of September, 1868." 
 
 Specification Second. "In this, that he, AVagoner John J. Tandy, 
 Company B, First Infantry, after being ordered by the Sergeant of 
 the Guard Sergeant Frederick H. Green, Company B, First Infan- 
 try to give up his arms to Private Charles Quinu, Company B, First 
 Infantry, a member of the guard, did reply, ' I'll be it I give 
 my musket to any man as long as I have sixty rounds of ammu- 
 nition about me, ' or words to that effect. This on board of the steam- 
 er ' Ella Morse,' en route from New Orleans to Jackson Barracks, La. , 
 between the hours of 1 and 2 o'clock, A. M. , on the Thirteenth of 
 September, 1868." 
 
 Specificaton 77m d. "In this, that he, Wagoner John J. Tandy, 
 Company B, First Infantry, after being ordered by First Lieutenant 
 F. E. Pierce, First Infantry, to deliver his arms to the Sergeant of 
 the Guard Serseant Frederick H. Green, Company B, First In- 
 fantry did refuse to do so and did resist the guard until disarmed 
 by force. This on board the steamer 'Ella Morse,' en route from 
 New Orleans to Jackson Barracks, La., between the hours of 1 and 2 
 o'clock, A. M., on the Thirteenth of September, 1868." 
 
 PLKA. To the Specification of Firxl Cliarge " Guilty. " 
 To ike First Charge. " Guilty." 
 
 To the First Specification of Second Charge. " Guilty." 
 To the Second Specification of Second Charge. ' Not Guilty. " 
 To the Third Specification of Second Charge. " Guilty." 
 To theStcond Charge. " Guilty.'' 
 
 FINDING. Of the Spec fication of First Charg\ "Guilty." 
 Of the Urst Charge." Guilty." 
 
 Of the First Sptdfication <>f Second Charge. " Guilty." 
 Of the Second Specificatioji of Second Charge. "Guilty, 
 with the exception of the words ' the Sergeant of the Guard Ser- 
 geant Frederick H. Green, of Company B, First Infantry 'and sub- 

 
 stitutiug therefor, ' Private Charles Quiiin, Company B, First Infan- 
 try, member of the guard. ' " 
 
 Of the Tuird Specification of Seco <d Charge. " Guilty." 
 Of the Second Charye. "Guilty." 
 
 SENTENCE. " To be confined at hard labor in charge of the guard 
 at such place as the Commanding General may direct for the period 
 of six months, and to forfeit to the United States ten dollars per 
 month of his monthly pay for the same period." 
 
 3. Private WILLIAM LOTJN, Company F, First Infantry. 
 
 CHARGE. ' ' Desertion. " 
 
 Specification. "In this, that he, Private William Loton, Company 
 F, First Infantry, a duly enlisted soldier in the service of the United 
 States, did desert the bame at Jackson Barracks, New Orleans, La., 
 on the Third day of April, 1867, and did remain absent until appre- 
 hended at Miliken, Texas, on the Thirtieth day of July, 18G8. Re- 
 ward of thirty dollars due for apprehension. All this on the dates 
 and at the places above mentioned." 
 
 PLEA. To the Specification. ''Not Guilty." 
 To the Charge." Not Guilty." 
 
 FINDING. Of the Specific .Hon." Guilty. '' 
 Of the Charge." Guilty. " 
 
 SENTENCE. "To forfeit to the United States all pay and al- 
 lowances that are now due, or that may become due him ; to be in- 
 dellibly marked with the letter ' D,' one and a half inches in length on 
 his left hip; and three days thereafter to be, dishonorably discharged 
 and drummed out of the service in presence of the Command to 
 which he belongs; and afterwards to be confined at hard labor at 
 such place as the Commanding General may direct for the period of 
 three years, wearing a ball weighing twenty-four pounds, attached 
 to Iris left leg by a chain three feet in length." 
 
 t. Private HIRAM SPANGINBERG, Company E, First Infantry. 
 
 CHARGE IST. " Absence without leave." 
 
 Specification. " In this, that he, Private Hiram Spangiuberg, 
 Company E, First Infantry, did absent himself without permission 
 from proper authority, from his company and quarters, from after 
 tattoo roll-call on the evening of September 4th, 1868, until 12:30, P. 
 M., on the afternoon of September 5th, 1868, when he was arrested 
 and brought back by a file of the guard This at or near post at 
 Arnite, La., on or about the dates above specified." 
 
 CHARGE 2d. " Disobedience of orders." 
 
 Specification, First. '-In this, thnt he, Private Hiram Spangin- 
 berg, Company K, First Infantry, did visit the town of Amite, La., 
 without permission from proper authority, this in direct violation of 
 Special Orders No. 6, dated Headquarters, Amite, La., October 18th,
 
 1867. This at or near post at Amite, La., on or about the dates 
 above specified." 
 
 Specification Seconl "In this, that he, Private Hiram Spangin- 
 berg, Company E, First Infantry, being seen in the town of Ainite, 
 La., by his commanding officer, Brevet Major II. H. Offley, Captain, 
 First Infantry, on the morning of September 5th, 1868, and having 
 been ordered by his commanding officer, Brevet Major II. H. Offley, 
 Captain, First Infantry, to come to him, the said Brevet Major It. H. 
 Offley, did fail to comply with said order, but did continue to pro- 
 ceed on his way through the town of Amite, La, This at or near 
 post at Amite, La., on or about the dates above specified." 
 
 Specification Third. " In this, that he, Private Hiram Spangia- 
 berg, Company E, First Infantry, did, after the file of the guard had 
 been ordered by Brevet Major R. H. Offley, Captain, First Infantry, 
 to halt, did fail to comply with said order, but attempted to escape 
 from said file of the guard by running: and did continue to run 
 until caught by Sergeant Oriii A. Marvin, Company E, First Infantry, 
 in charge of said file of the guard, and brought back to his com- 
 pany quarters. All this at or near post of Amite, La,, on or about 
 the dates above specified." 
 
 PLEA. To the Specification of First Cliarye. " Guilty." 
 To the First Charge." Guilty." 
 
 To the First Specification of Second Charge." Guilty. " 
 To the Second Specification of Second Charge.--" Not Guilty/ 
 To the Third Specification of Second Charge." Not Guilty." 
 Td the Second Cliarye. "Guilty." 
 
 FINDING. Of the Specification of First Charge. " Guilty." 
 Of the First Charge." Guilty - v 
 
 Of the First Specification of Second Charge. "Guilty." 
 Of the Second Specification of Second Chary?.--" Guilty." 
 Of the Third Specification of Second Charge "Guilty."' 
 Of the Second Charge. " Guilty." 
 
 SENTENCE. '' To be confined at hard labor in charge of tlw guard 
 for the period of four months; and to forfeit to the United States 
 twelve dollars per month of his monthly pay for the same period. " 
 5. Private JOHN MOLONEY, Company E, First Infantry. 
 CHAKUE. "Conduct prejudicial to good order and military 
 discipline." 
 
 Specification First, "In this, that he, the said Private John Molo- 
 ney, Company E, First Infantry, did become drunk while on the 
 sick report of his company, and when ordered to his tent by First 
 Sergeant William Rowley, Company E, First Infantry, did fail to 
 obey said order by absenting himself from his company and post. 
 AU this at or near post of Amite, La. , ou or about the Ninth day of 
 August, 1868."
 
 Specification Second. "In this, that he, the said Private John 
 Moloney, Company E, First Infantry, while on the sick report of his 
 company, did, without permission from proper authority, absent 
 himself from his company and post by visiting the city of Arnite, 
 La., and remain so absent until apprehended and brought back 
 drunk by Corporal Michael Callahan and Privates John Sheehan 
 and Henry P. Milton, Company E, First Infantry, and members of 
 the guard. All this at or near post of Amite, La., on or about the 
 Ninth clay of August, 1868." 
 
 Specification Ihird. "In this, that he, the said Private John Mo- 
 louey, Company E , First Infantry, while in confinement and under- 
 charge of the guard, did call First Sergeant William Rowley, of 
 
 said company and regiment, a ' .' All this at or near post 
 
 of Ainite, La., on or about the Ninth day of August, 1868." 
 
 Specification, Fourth. "In this, that he, the said Private John 
 Moloney, Company E, First Infantry, while in confinement and 
 under charge of the guard, did call Corporal Michael Callahan, of 
 said company, and in charge of said guard, a ' ,' and did 
 
 throw at him, the said Corporal Michael Callahan, two bowls. All" 
 this at or near the post of Amite, La., on or about the Ninth day 
 of August, 18G8." 
 
 PLEA. To the First Specification. "Guilty." 
 To the Second Specification. " ciuilty. " 
 To the Third Specification. " Not Guilty. " 
 To the Fourth Specification. "Not Guilty." 
 To the Charge. "Guilty." 
 
 FINDING. Of the First Specification. "Guilty." 
 Of the Seconl Specification.-" Guilty." 
 Of the Third Specification. "Guilty. ' 
 Of the Fourth Specification. " Guilty." 
 Of the Charge. " Guilty." 
 
 SENTENCE. "To be confined at hard labor in charge of the guard 
 for the period of three months ; and to forfeit to the United States 
 ten dollars per month of his monthly pay for a like period." 
 
 6. Private CHARLES G.TLIEB, Company E, First Infantry. 
 
 CHAKGE IST. " Absence without leave." 
 
 Specification. " In this, that he, Private Charles Gotlieb, Com- 
 pany E, First Infantry, did absent himself, without permission from 
 proper authority, from his company and quarters from after tattoo 
 roll-call, on the evening of September 4th, 18G8, until 12:30, P. M., 
 on the afternoon of September 5th, 1868, when he was arrested and 
 brought back by a file of the guard. This at or near post at Amite, 
 La., on or about the dates above specified.' 1 
 
 CHAKUE 2i>. " Disobedience of orders."
 
 Spscijica'ion First. "In this, that ho, Private Charles Gotlieb, 
 Company K, First Infantry, being seen ia the town of Amite, Lu., 
 by his commanding officer, Brevet Major 11. H. Offley, Captain, 
 First Infantry, on the morning of September 5th, 1868, and having 
 been ordered by his commanding officer. Brevet Major R. H. Offley, 
 Captain, First Infantry, to come to him, the said Brevet Major R. 
 H. Offlay, did fail to comply with said order, but continued to pro- 
 ceed on his way through the town of A mite, La. This nt or near 
 post ot Amite, La., on or about the dates above specified." 
 
 8 ^ecific-ilion Second. " In this, that he, Private Charles Gotlieb. 
 Company E, First Infantry, did, after a file of the guard had b.-.-n 
 ordered by Brevet -Major II. H. Offley, Captain, First Infantry, to 
 arrest him, and after being ordered by Brevet Major R. H. Offk-y. 
 Captain, First Infantry, to halt, did fail to comply with said order, 
 but attempted to escape from said file of the guard by running, and 
 did continue to run until caught by Sergeant Orin A. Marvin, 
 Company E, First Infantry, in charge of said file of the guard, and 
 brought back to his company quarters. All this at or near post of 
 Amite, La., on or about the dates above specified." 
 CHABGE 3D. " Violation of the Forty-fourth Article of War." 
 Specificition. "In this, that he, Private Charles Gotlieb, Com- 
 pany E, First Infantry, having bean regularly and properly detailed 
 on the evening of September 4th, 1868, as a member of the guard 
 to be mounted at the post of Amite, La., on the morning of Sep- 
 tember 5th, 1868, did fail to appear at the place fixed for parade <>i 
 said guard. This at or near post of Amite, La., on or about the 
 dates above specified. " 
 
 PLEA. To the Specification to First Chirge. "Guilty." 
 To thi First Cha'ge. "Guilty." 
 
 To the First Specification to Sicond Charge. " Not < ruilty. " 
 To the Sxond Spedfii- ttion to Sxond Charge. ' ' Not Guiit v. " 
 Tc the Second Charge. "Not Guilty." 
 To the Specification to Third Charge. " Guilty." 
 To the Third Clvirg'." Guilty.' 
 
 FINDING. Of the Specification of Fint Charge. "Guilty." 
 Of Vie First Charge." Guilty." 
 
 Of the First Specification to Second Charge. "Guilty." 
 Of' i he Second Specification to Second Charge. "Guilty." 
 Of the Sicond Charge. "Guilty." 
 Of the Specification to Third Chirge. " Guilty." 
 OftJie Third Charge. "Guilty." 
 
 SENTENCE. " To be confined at hard labor in charge of the guard 
 for the period of five months, and to forfeit to the United States 
 twelve dollars per mouth of his monthly pay for the saun- period."
 
 7. Private MICHAEL LEADTHAM, Company K, First Infantry. 
 CHARGE. " Violation of the Fiftieth Article of War." 
 Specification. "In this, that Private Michael Leadtham, Compa- 
 ny K, First Infantry, having been regularly detailed as a member of 
 the guard at Headquarters, Diparttnent of Louisiana, on duty from 
 7:30, P. M., on the Ninth of September, 1868, until 7:30, P. M., on 
 the Tenth of September, 18G8, did, without urgent necessity, or 
 leave from his superior offioar, quit said gu irdat 10:30 o'clock, P. M. , 
 ou the Ninth of September, 1808, and did remain absent until about 
 7 o'clock, P. M. , on the Tenth of September, 1868. This at New 
 Orleans, L:i , ou or about the above dates. " 
 
 PL.EA. To the Specification. "Guilty." 
 
 To thi Chary,'. " Guilty. " 
 FINDING. Of lite Specification. "Guilty. " 
 
 Of the Uiarijc. "Guilty." 
 
 SKNTENCK. " To be confined at hard labor in charge of the guard 
 for three months, and to forteit ten dollars per month of his mouth- 
 iy pay for the same period.'' 
 
 8. Musician DENIS UOWD, Company A, First Infantry. 
 CHA.IUJK. " Conduct prejudicial to good order and military dis- 
 cipline. " 
 
 Specified 1 , ion First. " lathis, that Musician DanisDowd, Company 
 A, First Infantry, did absent himself from dress parade and guard 
 mounting without permission Irotn proper authority. This at Sedg- 
 wick Barracks, Greenville, La., ou or about the Twenty -fourth day 
 of August, 1868." 
 
 Specification Second. "In this, that Musician Denis Dowd, Com- 
 pany A, First Infantry, having been ordered confined in the post 
 guard house by Second Lieutenant George W. Itoby, First Infantry, 
 Post Adjutant, did resist Sergeant Thomas Garviu, Company C, First 
 Infantry, (the said fcergeant Thomas Garvin being at the time in the 
 execution of his office, ) by striking and knocking him, the said Ser- 
 geant Thomas Garvin down. This at Sedgwick Barracks, Green- 
 vilie, La., on or about the Twenty-fourth day of August, 1868." 
 
 Specification Third. "In this, that Musician Denis Dowd, Compa- 
 ny A, First Infantry, having been ordered confined in the post 
 guard house by Second Lieutenant George W. Roby, First Infantry, 
 Post Adjutant, did resist Sergeant Thomas Garvin, Company C, First 
 Infantry, (the said Sergeant Thomas Garvin being at the time in the 
 
 execution of his office,) and did say in words or figures 'you , 
 
 I will get even with you.' This at Sedgwick Barracks, Greenville, 
 La., on or about the Twenty-fourth day of \ugust, 1868." 
 
 PLEA. To the First Specification.--" Guilty." 
 
 To the Second Specification. -"Not Gnilty."
 
 To the Third Specified' ion.'- Not Guilty." 
 To the Charge." Guilty." 
 FINDING. Of the First Specification. " Gnilty." 
 
 Of the Second Specific'ititm . " Not Guilt}'. " 
 
 Of the Third Specification " Guilty, excepting the words 
 
 Of the Cftanye "Guilty." 
 
 SENTENCE. "To be coufined at hard labor m charge of the guard 
 for the period of three mouths, and to forfeit to the United States 
 twelve dollars per month of his monthly pay for the same period." 
 
 9. Private CHARLES LINDER, Company F, First Infantry. 
 CHABGE. ''Desertion." 
 
 Specification. "In this, that he, Private Charles Liiuler, Company 
 F, First Infantry, having been duly enlisted in the service of the 
 United States, did desert the same at Jackson Barracks, La., on or 
 about the Sixth day of August, 18(57, and did remain absent until 
 apprehended at New Orleans, La , September loth, 1868. Thirty 
 dollars paid for his apprehension. All this on the dates and at tin; 
 places above mentioned." 
 
 PLEA. To the Specification." Guilty." 
 To Uie Charg . "Guilty." 
 
 FINDING. Of the Specification. "Guilty." 
 Of the Ck'irye. " Guilty." 
 
 SENTENCE. "To forfeit all pay and allowances that are now due 
 or that may become due him ; to be iudelhbly marked with a letter 
 'D' one and a half inches in length on his left hip, and three days 
 afterwards to be dishonorably discharged and drummed out of the 
 service in presence of the command to which he belongs; and then 
 to be confined ut hard labor for the period ot three years at such 
 place as the Commanding General may direct, wearing a baU'weigh- 
 ing twenty-four pounds attached to his left leg by a chain three feet 
 in length." 
 
 10. Musician EDWABD CONWAY, Company A, First Infantry. 
 CHARGE. "Conduct prejudicial to good order and military dis- 
 cipline." 
 
 SpecificaliO'i First. " In this, that Musician Edward Conway, 
 Company A, First Infantry, did absent himself from dress parade 
 and guard mounting without permission from proper authority. 
 This at Sedgwick Barracks, Greenville, La., on or about the Twen- 
 ty-fourth day of August, 1868." 
 
 Specification Second. " In this, that Musician Edward Conway, 
 Company A, First Infantry, having been ordered confined in the 
 post guard house by Second Lieutenant George W. lioby, First In- 
 fantry, Post Adjutant, did resist Sergeant Thomas Garviu, Company
 
 9 
 
 C, First Infantry, (tbe said Sergeant Thomas Gnrviti being at the 
 time in the execution of his office,) by striking ami knocking him, 
 the said Sergeant Thomas Garvin, down. This at Sedgwick Bar- 
 racks, Greenville, La., on or about the Twenty- fourth day of August , 
 1868." 
 
 Specification- Third. "In this that Musician Edward Conway, 
 Company A, First Infantry, having been ordered confined in the 
 post guard house by Second Lieutenant George W. Roby, First In- 
 fantry, Post Adjutant, did resist Sergeant Thomas Garvin, Company 
 C, First Infantry, (the said Sergeant Thomas Garvin being at the 
 time in the execution of his office,) and did say in words or figures 
 to-wit: 'You , I will get even with yon.' - This at Sedg- 
 wick Barracks, Greenvilie, La., on or about the Twenty- fourth day . 
 of August, 1868." 
 
 PLEA. 7b the First Specification." Guilt}-." 
 
 To the Second Specifi&tfion. "Not Guilty." 
 To the. Third Specification. "Sot Guilty." 
 To the Charge. "Guilty." 
 FINDING. Of the first Specifiottior. "Guilty." 
 
 Of the Second Specification. "Guilty, with the cxcqition 
 of the words ' and knocking ' and ' down.' " 
 
 Of the Third Specification. " Guilty, with the excep- 
 tion of the words ' , I will get even with you.' " 
 
 Of the Cliarge "Guilty." 
 
 SENTENCE. -'To be confined at hard labor in charge of the guard 
 for the period of five mouths." 
 
 11. Private JAMES DOLAN, Light Battery K, First Artillery. 
 CHABGE. " Drunkenness on duty, to the prejudice of good or- 
 der and military discipline." 
 
 Specification. "In this, that Private James Dolan, laght Battery 
 K, First Artillery, having been duly detailed for guard duty, did be- 
 come so drunk as to be unable to properly perform said duty. All 
 this at Sedgwick Barracks, Greenville, La., on or about the Twelfth 
 day of August, 1868." 
 
 PLEA. To the ftyecifieulion," Not Guilty." 
 To the Charge. " Not Guilty." 
 
 FINDING. Of the Specification. "Xot Guilty." 
 Of the Charge. "Not Guilty." 
 
 '' And the Court does therefore acquit him. ' 
 
 12. Private JOHN BOMAS, Company C, First Infantry. 
 CHARGE. "Neglect of duty, to the prejudice of good order and 
 
 military discipline." 
 
 Specification. " In this, that Private John Bomas, Company C, 
 First Infantry, being a member of the post guard, mounted at Sedg-
 
 10 
 
 wick Barracks, Greenville, La,. , on the morning of the Eighth Sep- 
 tember, 1868, and having been regularly assigned to post No. 6, a su- 
 pernumerary posi, did, while in charge of three prisoners, at or about 
 8, A. M., on the morning of the Ninth September, 18G8, allow them 
 to purchase or procure a bottle or bottles of whisky and convey the 
 same into the prison room of the guard house. This at Greenville, 
 La., on or about the Ninth day of September, 1868." 
 
 PLEA. To the Specification. " Not Guilty." 
 To the Ch-irge."Not Guilty." 
 
 FINDING. Of the Specification. "Not Guilty." 
 Of the Chartje. "Not Guilty." 
 
 "And the Court does therefore acquit him." 
 
 13. Private THOMAS JONES, Company C, First Infantry. 
 
 CHARGE." Violation of the Forty-fifth Article of War." 
 
 Specification. "In this, that he, Private Thoines Jones, Company 
 C, First Infantry, being a member of the guard stationed at Green- 
 ville, La. , did become drunk, so much so, as to be utterly incapable 
 of performing his duties as a member of said guard. This at 
 Greenville, La., on or about the Eleventh day of September, 1868." 
 
 PLEA. To ike Specification. ' ' Guilty. ' ' 
 To the Charge. "Guilty." 
 
 FINDING. Of the Specification. " Guilty." 
 Of the Charge." Guilty. " 
 
 SENTENCE. "To be confined at har.i labor in charge of the guard 
 for the period of four months." 
 
 II. The proceedings and findings in the foregoing cases are ap- 
 proved. The sentences in the cases of- 
 Musician Denis Dowd, Company A, First Infantry, 
 
 " Edward Conway, " " " " 
 
 Private John A. Gallaghan, Company B, First Infantry, 
 Wagoner John J. Tandy, " " " " 
 
 Private Thomas Jones, " C, " " 
 
 John Bornas, '' " " 
 
 " Charles Gotlieb, " E, " " 
 
 " John Moloney, " " " " 
 
 " Hiram Spanginberg, " " " " 
 
 " William Loton, " F, " " 
 
 ' ' Michael Leadtham, " K, " " 
 " James Bolan, Light Battery K, First Artillery, are con- 
 firmed and will be duly executed. 
 
 In the cases of Wagoner Tandy and Private Lotou, Ship Island, 
 Miss., is designated as the place of confinement.
 
 11 
 
 Upon the recommendation to clemency by the Court so much 
 of the sentence in the case of Private Linder as provides that he 
 "be indellibly marked with a letter ' D,' one and one-half inches 
 in length on his left hip, and that he be confined at hard labor for 
 the period of three years at such place as the Commanding General 
 may direct, wearing a ball weighing twenty-four pounds attached to 
 his left leg by a chain three feet in length," is remitted. The re- 
 mainder is confirmed and will be duly executed upon receipt of this 
 order at the post where he may be serving. 
 BY COMMAND OF BKEVET MAJOR GENERAL L. H. KOUSSBAU : 
 
 H. NEILL, 
 
 Ma^jdr, Twentieth Infantry/ Brevet BVigadier General, U. S. A., 
 OFFICIAL/ ,' / , - Acting Assistant Admtant General. 
 
 Se/ Lieut., Thirty-seventh Inf., Bvt. FirsFLieut., U. S. A., 
 Acting Assistant Adjutant General.

 
 HEADQUARTERS, DEPARTMENT OF LOUISIANA, 
 
 GENERAL ORDERS j New Orleans, La., Oct. 24, 1868. 
 
 I. Before a General Court Martial which convened at Fort Smith, 
 Arkansas, by virtue of Paragraph 3, Special Orders No. 17, current 
 series, from these Headquarters, of which Lieutenant Colonel Pinck- 
 iiey Lugenbeel, Nineteenth Infantry, is President, were arraigned 
 and tried: 
 
 1. Corporal SAMUEL B. HENDERSON, Company I, Nineteenth 
 Infantry. 
 
 CHARGE IST. " Conduct prejudicial to good order and military 
 discipline." 
 
 Specification. "In this, that he, Corporal Samuel B. Henderson, 
 Company I, Nineteenth Infantry, after being duly detailed and 
 mounted as non-commissioned officer in charge of the regular post 
 guard, mounted at the post of Dover, Ark. , on the morning of the 
 Twenty-third day of July, 1868, did allow the sentinels on post to 
 quit their post, lay aside their arms, and sit on a chair in the entry 
 of the guard house, while he, the said Corporal Samuel B. Hender- 
 son, sat in the said entry engaged in playing cards with the enlisted 
 men belonging to the guard. All this at Dover, Ark., on or about 
 the Twenty-third day of July, 1868." 
 
 CHARGE 2o. " Neglect of duty." 
 
 Specification "In this, that he, the said Corporal Samuel B. 
 Henderson, Compauy I, Nineteenth Infantry, after having been duly 
 detailed and mounted as non-commissioned officer in charge of the 
 regular post guard at the post of Dover, Ark , on the morning of the 
 Twenty-third day of July, 1868, and being the only non-commis- 
 sioned officer mounted with said guard, did fail, refuse and neglect 
 to accompany the relief when going round for the purpose of re- 
 lieving the sentinels, but did allow said relief to go round unaccom- 
 panied by any non-commissioned officer, and relieve themselves at 
 their own pleasure. This while he, the said Corporal Samuel B. 
 Henderson, Company I, Nineteenth Infantry, Corporal of the guard, 
 sat in the entry of the guard house, engaged in playing cards with 
 members of the guard. All this at Dover, Ark., on or about the 
 I' Twenty-third day of July, 1868." 
 
 PLEA. To the Specification to First Charge. "Guilty, except the 
 words, ' engaged in playing cards with members of the guard. ' " 
 To the First Charge." Guilty."
 
 To the Specification to Second Charge." Guilty, except the 
 words, ' engaged in playing cards with the enlisted men belonging 
 to the guard. ' " 
 
 'lo the Second Charge. " Guilty." 
 
 FINDING. Of tni Specification lo First Charge. " Guilty." 
 Of the First Charge.' 1 Guilty." 
 Of the Specification to Second Cliaige. "Guilty." 
 Of the Second Charge. "Guilty." 
 
 SENTENCE. "To be reduced to the ranks as a private sentinel; to 
 be confined at hard labor in charge of the guard for three mouths, 
 and to forfeit to the United Sta tes ten dollars of his pay per mouth 
 for the same period. " 
 
 2. Private DENIS CABROLL, Company E, Nineteenth Infantry. 
 CHARGE. "Disobedience of orders." 
 
 Specification. "In this, that he, Private Denis Carroll. Company 
 E, Nineteenth Infantry, after hearing the following order published 
 to the company, (E, Nineteenth Infantry,) viz: 
 
 ' HEADQUAHTEKS, FORT SMITH, AUK., 
 
 September 26th, 1868. 
 
 ' CIRCULAK. All officers and men of this command are hereby prohibited 
 from leaving the military reservation of this post from retreat this evening 
 until reveille to-morrow morning. 
 
 ' By order of Lieutenant Colonel P. Lugenbeel, Nineteenth Infantry: 
 (Signed,) -J.G. LEEFE, 
 
 First Lieutenant, Adjutant, Nineteenth Infantry, 
 
 Brevet Captain, U. S. Army, Post Adjutant. 
 
 did wilfully disobey said order, and did leave the military reserva- 
 tion of the post and remain absent until arrested by a patrol. All 
 this at or near Fort Smith, Ark. , on or about tiie Twenty-sixth day 
 of September, 1868. " 
 
 PLEA. To the Specification. " Guilty." 
 
 To the Charge." Guilty." 
 FINDING. Of the Specification. "Guilty." 
 
 Of the Charge. " Guilty." 
 
 SENTENCE. "To forfeit to the United States all pay and allow- 
 ances now due or to become due, except the just dues of the laun- 
 dress; to be confined at hard labor in charge of the guard until the 
 Twenty-fourth day of May, 1869, and at the expiration of that time 
 to be dishonorably discharged the military service of the United 
 States." 
 
 3. Private WILIJAM GOLDEN, Company A, Nineteenth Infantry. 
 CHARGE. "Disobedience of orders." 
 
 Specification. "In this, that he, Private William Golden, Com- 
 pany A, Nineteenth Infantry, did wilfully disobey a positive order 
 of his commanding officer. Lieutenant Colonel Piuckiiey Lugenbeel,
 
 3 
 
 Nineteenth Infantry, that no officer or enlisted man belonging to the 
 garrison of Fort Smith, should be absent after retreat on Saturday, 
 September 26th, 1868. All this at Fort Smith, Ark., on or about 
 September 26th, 1868." 
 
 Pi^Ei. To th? Specification. "Not Guilty." 
 To the Charge. "Not Guilty." 
 
 FINDING. Of the Specific iti >. "Guilty. " 
 Of the Charge. " Guilty." 
 
 SENTENCE. " To forfeit to the United States all pay and allow- 
 ances now due or to become due, except the just dues of the laun- 
 dress, and to be dishonorably discharged the military service of the 
 United States." 
 
 4. Private FREDERICK GEUST, Company E, Nineteenth Infantry. 
 
 CIIAUUE IST. " Disobedience of orders." 
 
 Specification, "la this, that he, Private Frederick Gerst, E Com- 
 pany, Nineteenth Infantry, al'ier hearing the following order pub- 
 lished to the company, (E, Nineteenth Infantry), viz: 
 
 'HlCADCJUAUTKKS, FoKT SMITH, AKK., 
 
 September, 26th, 18G8. 
 
 'CiiiCuLA.it. All officers and men of this command are hereby prohibited 
 from leaving the military reservation of this post from retreat this evening, 
 until reveille to-morrow morning. 
 
 ' By order of Lieutenant Colonel P. Lugenbeel, Nineteenth Infantry. 
 (Signed,) ' J. G. LEEFE, 
 
 First Lieutenant anil Adjutant, Nineteenth Infantry, 
 
 Brevet Captain, U. S. Army, Post Adjutant.' 
 
 did wilfully disobey said order, and did leave the military reserva- 
 tion of the post, and remain absent until arrested by a patrol. All 
 this at or near Fort Smith, Ark., on or about the Twenty-sixth day 
 day ol September, 1868. " 
 
 CHAKGE 2D. "Habitual drunkenness and general worthlessness 
 as a soldier." 
 
 Specification. " In this, that lu>, Private Frederick Gerst, E Com- 
 pany, Nineteenth Infantry, has, from the habitual use of intoxica- 
 ting liquors, rendered himself unreliable and worthless as a soldier, 
 and dangerous to the lives of men of his company. All this at or 
 near Fort Smith, Ark., from December 4th, 1867, until September 
 26th, 1868." 
 
 PL.EA. To the Specification to First Charge. "Not Guilty." 
 To the Fir.it Charge. "Not Guilty." 
 To the Specification to Second Charge. "Not Guilty." 
 To the Second Charge. "Not Guilty." 
 FINDING. Of the Specification 10 First Charge. " Guilty." 
 Of the First Charge. "Guilty." 
 
 Of the Specification to Second Charge. " Guilty, except 
 the words, 'and dangerous to the lives of men of his company.' " 
 Of the Second Charge. "Guilty."
 
 SENTENCE. "To forfeit to the United States all pay and allow- 
 ances now due or to become due, except the just dues of the laun- 
 dress, and to be dishonorably discharged the military service of the 
 United States." 
 
 5. Private JEROME B. GBEOTT, Company E, Nineteenth Infantry. 
 
 CHARGE IST. " Drunkenness on duty, in violation of the Forty- 
 fifth Article of War." 
 
 Specification. "In this, that he, Private Jerome B. GreoU, Com- 
 pany E, Nineteenth Infantrj-, being on police duty, did become so 
 drunk as to unfit him for the performance of his duties. All this at 
 or near Fort Smith, Ark., on or about the Twenty -third day of Ssp- 
 tember,1868." 
 
 CHARGE 2o. "Conduct to the prejudice of good order and mili- 
 tary discipline." 
 
 Specification. "In this, that he, Private Jerome B. Gre;-tt, Com- 
 pany E, Nineteenth Infantry, having been ordered by Sergeant 
 George Edwards, Company E, Nineteenth Infantry, to go away from 
 the guard hon.se, did refuse to do so, and did reply ' I guess you will 
 not hurt anybody,' or words to that effect. All this at or near Fort 
 Smith, Ark., on or about the Twenty-third day of September, 18G8." 
 
 PLEA. To the, Specification to First Clvirge. "Not Guilty." 
 To tin First Cliargs. "Not Guilty." 
 To the Specification to Second Churqe. '' Guilty." 
 To the Si and Charye. " Guilty." 
 
 FINDING. Of the Specification to First Ch.rge. "Not Guilty." 
 Of the First Charge. "Not Guilty." 
 Of the Specification to Second Clinrje. "Guilty." 
 Of the Stcond Charqe. "Guilty." 
 
 SENTENCE. " To be confined at hard labor in charge of the < uard 
 for the period of two mouths lr.>rn the Second day of October, 18G8, 
 and to forfeit to the United States ten dollars ol his pay per mouth 
 for the same time." 
 
 II. The proceeediugs and findings in the cases of 
 
 Corporal Samuel B. Henderson, Company I, Nineteenth Infantry. 
 
 Private Denis Carroll, . " E, " " 
 
 " Jerome B. Greott, " " " " 
 
 " William Golden, " A, " " 
 
 are approved. The sentence in the case of Private William Golden, 
 Company A, Nineteenth Infantry, is confirmed and will be duly ex- 
 ecuted. 
 
 In the case of Corporal Henderson, so much of the sentence as 
 provides that he be " reduced to the ranks as a private sentinel," is 
 disapproved. The remainder is confirmed and will be duly executed.
 
 la accordance with the recommendation of the Court, the sen- 
 tence in the case of Private Carroll is mitigated to " confinement at 
 hard labor in charge of the guard until the Thirty- first day of De- 
 cember, 1868, and forfeiture of ten dollars per month of his pay for 
 the period of three months." 
 
 In the case of Private Jerome B. Greott, Company E, Nineteenth 
 Infantry, the sentence is disapproved for the reason that the Court 
 has improperly attempted to fix the date at which the confinement 
 shall commeuce before force and effect had been given to the sen- 
 tence by the approval of the reviewing officer. He will be released 
 from confinement and restored to duty. 
 
 The proceedings and findings in the case of Private Frederick 
 Gerst, Company E, Nineteenth Infantry, upou the first charge and 
 its specification, are approved. Upon the second charge and its speci- 
 fication they are disapproved, for the reason that no offence is 
 named by the charge. The specification to the second charge 
 would properly have supported a charge under the Ninety -ninth Ar- 
 ticle. The sentence is confirmed and will be duly executed. 
 BY COMMAND OF BUBVRT MAJOR GICNEUAL L. H. ROUSSEAU: 
 
 NEILL, 
 
 Twentieth Infantry 
 Acting Ass 
 
 ygadier General, U. S. A., 
 tant General. 
 
 c. Lieut., Thirty-wreath Inf., Bvt. First Lieut., U. S. A., 
 Acting Assistant Adjutant General.
 
 HEADQUARTERS, DEPARTMENT OF LOUISIANA, 
 
 GENERAI, ORDERS | New Orleans, La., Oct. 26, 1868. 
 
 I. Before a General C'juvi Martial which convened at Jackson 
 Barracks, La., by virtue of Paragraph 1, Special Orders No. 33, cr~- 
 rent series, from thes3 Hea"" juirters, of which Lieutenant Col- 
 onel. William H. Wood, First Infantry, is President, were arraigned 
 and tried: 
 
 1. Sergeant JOHN KING, Company I, First Infantry. 
 
 ^IIARGK. "Conduct prejudicial to good order and military <3 ; s- 
 cipliue." 
 
 Specification First. "In this, that S3rgeant John King, Company 
 I, First Infantry, having bsen duly and regularly detailed as Ser- 
 geant of the guard, stationed over the magazine at Jackson Barracks, 
 La., for the purpose of protecting and preserving the same, d : d 
 \i Ithdraw, or cause, or permit to be withdrawn, without proper 
 authority, the sentinel posted immediately over the entrance to the 
 said magazine, without replacing him by another sentinel, and 
 without taking any measures to do so, thus exposing the stores cor- 
 tained within the said magazine, to the possibility of destruction or 
 theft, to th3 prejudice of good ordsr and military discipline. Th's 
 on or about the night of October 1st, 1868, between the hours of 
 twelve and two o'clock. " 
 
 Specificotiian Second. " In this, that Sergeant John King, Com- 
 pany I, First Infantry, having withdrawn, or caused or permitted to 
 be withdrawn, the sentinel stationed over the entrance to the magf - 
 zine at Jackson Barracks, La., did permit the said sentinel, to- 
 gether with all the other members of the guard, to retire to the 
 guard house, a distance of one hundred and fifty yards, more or less, 
 from the said magazine, and lie down, with the evident purpose of go- 
 ing to sleep, to the prejudice of good order and military discipline. 
 This OH or about the night of October 1st, 1868, between the hours 
 of twelve and two o'clock." 
 
 Specification Third. "la. this, that Sergeant John King, Com- 
 pany I, First Infantry, having been regularly detailed and placed on 
 duty as Sergeant of the magazine guard at Jackson Barracks, La. , 
 and having permitted the said guard all to lie down within the guard 
 house, with the apparent purpose of sleeping, did, when the said 
 gaard was visited by the Officer of the Day, First Lieutenant Wil- 
 liam E. Dougherty, First Infantry, present himself before the guard 
 house, to the Officer of the Day, without his shoes, and when ordered
 
 by the Officer of the Day to proceed to the main guard house, within 
 the garrison, did say, 'wait for the other sentinel who is on post, 
 or words of similar import, with the evident intention of deceiving 
 the Officer of the Day, he, the said Sergeant John King, well know- 
 ing that no sentinel was on post from his guard. This on or about 
 the night of October 1st, 1868, between twelve and two o'clock." 
 . PLEA. To the First Specification. " Not Guilty." 
 To IheSte.nd Specification. "Not Guilty." 
 To the Third Specification. ''Guilty, except the words, 
 ' having permitted the said guard to lie down,' and the words, ' he, the 
 said Sergeant John King, well knowing that no sentinel was on post 
 from his guard.' " 
 
 To the Cft-irje. "Not Guilty." 
 FINDING. Of the First bpecifiaation. " Guilty." 
 Of the Second Specification . " Guilty. '' 
 Of the Third Specification. " Guilty." 
 Of the Uiarqf. ' ' Guilty. " 
 
 SENTENCE. ' To be reduced to theguvde of a private. The Court 
 is thus lenient in consideration of the previous good conduct of the 
 accused, as shown by the testimony in his case." 
 
 2. Private JOSEPH GUANT, Company A, First Infantry. 
 CHAUGE. "Violation of the Forty-fifth Article of War." 
 Specification. "In this, that Private Joseph Grant, Company A, 
 
 First Infantry, having been duly and regularly detailed a member 
 of the guard, and mounted at Headquarters, Department of Louis- 
 iana, did become so drunk as to render him unfit to perform the du- 
 ties of a sentinel. This at New Orleans, La., on or about the Tenth 
 day of September, 1868." 
 
 PLEA. To the Specification. "Not Guilty." 
 To the Charge. "Not Guilty." 
 
 FIND. NO. Of the Specification. " Guilty." 
 Of the Chanje. "Guilty." 
 
 SKNTENCK. " To be confined at bald labor in charge of the guard 
 for the period of three months. " 
 
 3. Private HENRY STEVENS, Company C, First Infantry. 
 CHARGE. " Violation of the Forty-sixth Article of War." 
 Specification. "In this, that Private Henry Stevens, Company C, 
 
 First Infantry, being a member of the guard, mounted at Sedgwick, 
 Barracks, Greenville, La., on the evening of August 21st, 1888, and 
 being duly posted as a sentinel at, or about half-past two o'clock, A, 
 &!., on the following day, did fall asleep on his post, in which con- 
 dition he was found at or about four o'clock, A. M., August 2'2d, 
 1868. Ail this at Sedgwick Barracks, Greenville, La., en or about 
 the above given dates."
 
 PLEA. To the Specification. "Not Guilty." 
 
 To the Charge, " Not Guilty." 
 FINDING. Of the Spenificalion. " Not Guilty. " 
 
 Of the Charge. "Not Guilty." 
 "And the Court does therefore acquit him." 
 4. Private HENKY MOLHMAN, Company C, First lufaiitry. 
 CHAEGE. "Violation of the Forty-sixth Article of War." 
 Specification. " In this, that Private Henry Molhmau, Company C, 
 First Infantry, being a member of the guard mounted at Sedgwick 
 Barracks, Greenville, La., on the evening of August <JIst, 1868, and 
 being duly posted as a sentinel, at or about half-past two o'clock, A. 
 M. , on the following day, did fall asleep on his post, in which con- 
 dition he was found, at or about four o'clock, A. M., August 22d, 
 1H(J8. All this at Sedgwick Barracks, Greenville, La., on or about 
 tlie above given dates." 
 PLEA. To the Specification. ' Not Guilty." 
 
 To the CVicm?.. "Not Guilty." 
 FINDING. Of the Specification. " Guilty. " 
 
 Of the Uh'tnje. "Guilty." 
 
 SENTENCE. " To be confined at hard labor for the period of three 
 mouths, and to forfeit ten dollars per month of his monthly pay for 
 the same period." 
 
 II. Before a General Court Martial which convened at Baton 
 Rouge, La., by virtue of Paragraph 3, Special Orders No. 115, 
 dated Headquarters, Fifth Military District, New Orleans, La., May 
 'JGtb, 1868, of which Brevet Major General George Sykes, Colo- 
 nel, Twentieth Infantry, is President, were arraigned and tried. 
 1. Private ROBEKT D. DAVIDSON, Company E, Fourth Cavalry. 
 CHARGE Isr. "Violation ol the Fiftieth Article of War." 
 Specification. " In this, that Private Robert D. Davidson, Com- 
 pany K, Fourth Cavalry, being at the time a member of a guard, duly 
 mounted, did, without authority, absent himself from the guard 
 tent, between the hours of ten and eleven o'clock, P. M. This at 
 camp of Company E, Fourth Cavalry, near Monroe, La., on or about 
 the Twenty-sixth day of July, 18^8, at the hours above mentioned." 
 CHAKGE 2o. "Violation of the Thirty-eighth Article of War." 
 Specification. "In this, that Private Robert D. Davidson, Com- 
 pany E, Fourth Cavalry, being at the time a member of the 
 camp guard, did, without authority, take away from the guard tent 
 his Spencer carbine, and did dispose of or lose the same. This at the 
 camp of Company E, Fourth Cavalry, near Monroe, La., on or about 
 the Twenty-sixth day of July, 1868.''
 
 3o. "Conduct prejudicial to good order niid military 
 discipline." 
 
 Specification. "In this, that Private Robert D. Davidson, Com- 
 pany E, Fourth Cavalry, being at the time a member of the camp 
 guard, did, without authority, absent himself from the guard tent, 
 and did proceed to the stables of Company E, Fourth Cavalry, ami 
 did break the lock on the stable door, aud was discovered by Ser- 
 geant Knippeuberger (who was at the time Sergeant of the guard) 
 moving about inside the stable in a suspicious manner, evidently 
 trying to steal a horse. This at camp of Company E, Fourth Cav- 
 alry, near Monroe, La., oil or about the Twenty-sixth day of July, 
 1868." 
 
 PLEA. To the Specification to Fiisl Charge. "Not Guilty." 
 To the First Charge. " Not Guilty." 
 To ihe Specification to Second Charge. " Not Guilty." 
 To 'he Second Charge. "Not Guilty." 
 To the. Specification to Third Ch'irqe. "Not Guilty." 
 To the Th<rd Chargr."Not Guilty." 
 FINDING. Of ihe Specification to First Charge. "Guilty." 
 Of the First Charge. "Guilty." 
 Of the Specification to Second Charge. "Guilty." 
 Of the Second Cnarye. " Guilty." 
 
 Of the Specification to Third Charge "Guilty, except the 
 words, ' and did break the lock on the stable door.'" 
 
 Of Ihe Third Charge." Guilty." 
 
 SENTENCE. "To forfeit all pay and allowances that are now or 
 may become due him; to be dishonorably discharged the service of 
 the United States; and to be confined at hard labor at such military 
 prison as the Commanding General may designate lor the period of 
 two years." 
 
 2. Private MICHAEL MANGEM, Company E, Fourth Cavalry. 
 CHARGE. " Sleeping on post." 
 
 Specification. "In this, that he, Private Michael Maugeiii, Com- 
 pany E, Fourth Cavalry, being at the time a member of a guard, duly 
 mounted, and posted as a sentinel over the commanding officer's 
 quarters, did lie down on his beat and go to sleep, and did remain 
 asleep until awakened by Corporal Guthridge when posting the 
 relief. This at Monroe, La., between the hours of ten, P. M., and 
 twelve, M., midnight, on the Twenty-second September, 1868." 
 PLEA. To the Specification. "Not Guilty." 
 
 To the Charge. "Hot Guilty." 
 FINDING. Of the Specification. "Guilty." 
 
 Of the Charge. "Guilty." 
 SENTENCE. "To forfeit to the United States twelve dollars of hi.s
 
 monthly pay per mouth for six months; and to be confined at hard 
 labor in charge of the guard, with a ball and chain on his left leg, 
 for the same period." 
 
 3. Private Fr.irz HABER, Company G, Twentieth Infantry. 
 CHARGE IST. "Desertion." 
 
 Specification. " In this, that he, Private Fritz Haber, Company 
 G, Twentieth Infantry, having been duly enlisted as a soldier in the 
 service of the United States, did desert said service at New Orleans, 
 La., on or about the Sixth day of April, 1837, and did remain absent 
 until apprehended on or about the Fourteenth day of August, 1863, 
 at Jackson Barracks, New Orleans, La. A reward of Thirty dollars 
 paid for his apprehension. " 
 
 CHARGE 2o. " Violation of the Twenty-second Article of War." 
 Specification. "In this, that Le, Private Fritz Haber, Company G, 
 Twentieth Infantry, did, without being regularly discharged from 
 said company and regiment, enlist in Company I, First In tun try, at 
 New Orleans, La., on the Tenth day of December, 1867." 
 PI.FA. To the Specification to Firxt Cliarge. "Not Guilty." 
 To the Fir.it Charge. " Not Guilty." 
 To the Specification to Second Charge. "Guilty." 
 To the titcond Charge. "Guilty.'' 
 
 F.'N,> .\o. Of the Specificatioftto First Chary. "Guilty." 
 Of the Zirst Qiarge." Guilty." 
 Of the Specification to Second Charge. " Guilty." 
 Of the Second Charge. "Guilty." 
 
 SENTENCE. " To forfeit all pay and allowances now due or that 
 may become due him; to be dishonorably discharged and drummed 
 out of the service of the United States; to be indelibly marked on 
 the left hip with the letter ' D,' three laches long, and to be con- 
 fined at hard labor at such military prison us the Commanding Gen- 
 eral may designate for the period of tares years." 
 
 4. Private SAMUEL KCLM, Company B, Twentieth Infantry. 
 CHAEGE. "Conduct to the prejudice of good order and military 
 
 divjipliue. " 
 
 Specification Find. " In this, that he, Private Samuel Kelm, B 
 Company, Twentieth Infantry, was drunk and disorderly in the 
 camp of his company, 13, Twentieth Infantry, near Alexandria, La., 
 on or about the Fourteenth day of September, 1868." 
 
 Specification Second "In this, that he, Private Samuel Kelm, B 
 Company, Twentieth Infantry, while in a state of iui:ox.' cation, did 
 strike with his fist Corporal Henry C. Owen, B Company, Twentieth 
 Infantry, on or abont the Fourteenth day of September, 1868, at the 
 camp of B Company, Twentieth Infantry, near Alexandria, La., he, 
 the said Coi-poiv.l Henry C. Owen, B Company, Twentieth Infantry, 
 being at the time in the execution of his office." 

 
 PLEA. To the First Specification. " Guilty." 
 
 To the Second Specification. "Not Guilty." 
 To the Cha'ge. "Guilty." 
 ' FINDING. Of the first Specification." Guilty." 
 
 Of the Second Specification. " Guilty, except the word 
 'fist,' substituting therefor the word 'hand.'" 
 Of the Charge "Guilty." 
 
 SENTENCE. "To forfeit to the United States twelve dollars of 
 his monthly pay per month for three months; and to'carry a knap- 
 sack weighing twenty-five pounds from eight o'clock, A. M., to five 
 o'clock, P. M. , daily, with an interval of half an hour for each meal, 
 for the same period. " 
 
 5. Private M) CHAEL HcLA TJGHLIN, Company E, Twentieth Infantry. 
 
 CHABGE. " Sleeping on post in violation of the Forty-sixth Ar- 
 ticle of War." 
 
 Specification. " In this, that he, Private Michael McLaughlin, 
 Company E, Twentieth Infantry, being a member of the guard, and 
 duly posted as a sentinel, did sleep on post. This at the United 
 States Barracks, at or near Baton Rouge, La., at or about ten o'clock, 
 A. M., September 15th, 1868." 
 
 PLEA. To ihe Sptcification. "Not Guilty." 
 To the Charge. "Not Guilty." 
 
 FINDING. Of the Specification. "Guilty." 
 Of the Gliarge. "Guilty." 
 
 SENTENCE. "To forfeit twelve dollais of his pay per month for 
 six months; and to be confined at hard labor in charge of the guard, 
 with a ball and chain on his left leg, for the same period. " 
 
 G. Private JOHN LEABY, Company E, Fourth Cavalry. 
 
 CHARGE. ' ' Desertion. " 
 
 Specification. "In this, that he, Private John Leary, Company E, 
 Fourth Cavalry, having been duly enlisted into the service of the 
 United States, by Captain Mix, November 21st, ^1865, did desert the 
 same on or about the Eighteenth day of May, 1866, at or uear Vic- 
 toria, Texas, and remain absent until arrested in New Orleans, La., 
 May2d, 1868." 
 
 PLEA. To the Specification." Guilty." 
 To (he Charge. "Guilty." 
 
 FINDING. Of the Specification. " Guilty." 
 Of ihe Chirge. "Guilty." 
 
 SENTENCE. " To have his head shaved and be dishonorably dis- 
 charged and drummed out of the service of the United Stales; to 
 forfeit all pay and allowances that are now or may become due 
 him ; to be indelibly marked on the leit hip with the letter ' D, ' 
 three inches long; and to be confined at hard labor at such military 
 prison as the Commanding General may designate for three years. "
 
 7. Private JOHN O'DONNELL, Company H, Twentieth Infantry. 
 GHAKGE. "Desertion." 
 
 Specification. " In this, that he, Private John O'Donnell, Company 
 H, Twentieth Infantry, a duly enlisted soldier in the service of the 
 United States, did desert said service at Shreveport, La., on or about 
 the Twenty-ninth day of July, 1868, and did remain absent until 
 the First day of August, 1868, when he was returned under guard, 
 having surrendered himself to the military authorities at Marshall, 
 Texas. " 
 
 I'LEA. Toike Specification. '-Not Guilty." 
 To the Charge. "Not Guilty." 
 
 FINDING. Of ike Specification. " Guilty." 
 Of the Charge. "Guilty." 
 
 SENTENCE. "To be dishonorably discharged and drummed out 
 of the service of the United States; to forfeit all pay and al- 
 lowances that are now or may become due him; to be indel- 
 ibly marked on the left hip with the letter 'D,' three inches long; 
 and to be confined at hard labor at such military prison as the Com- 
 manding General may designate for three years." 
 
 8. Private JACOB UI.SHE, Company D, Twentieth Infantry. 
 CHAUGE. " Desertion." 
 
 Spec-flea' ion. "Iiithis, that he Private Jacob Ulshe, Company D, 
 Twentieth Infantry, a duly enlisted soldier in the service of the 
 United States, did desert his company and post at Shreveport, La., 
 on the Tenth day of August, 1868, and did remain absent until the 
 Fourteenth day of August, 1868, when he was returned under guard 
 of the city police, having been apprehended by the city police, in or 
 near Shreveport, La. Vouchers issued for payment of reward for 
 apprehension." 
 
 PI.E*. To the Specification. "Not Guilty." 
 To the Charge. "Not Guilty." 
 
 FINDING. Of the Specification.. ' Guilty, except the word ' desert,' 
 substituting therefor the word ' leave." 
 
 Of the Chary e. "Not Guilty, but guilty of absence 
 without leave. " 
 
 SENTENCE. " To refund the expenses incurred by his apprehen- 
 sion, and to forfeit fifteen dollars of his monthly pay for one month." 
 
 9. Private GEOKGE THOMPSON, Company D, Twentieth Infantry. 
 CHARGE. " Desertion. " 
 
 Specification. "In this, that he, Private George Thompson, Com- 
 pany D, Twentieth Infantry, a duly enlisted soldier in the service of 
 the United States, did desert his company and post at Shreveport, 
 La., on the* Tenth day of August, 1868, and did remain absent until 
 the Fourteenth day of August, 1868, when he was returned ucder
 
 guard of the city police, having beeii apprehended by the city po- 
 lice, in or near Shreveport, La. Vouchers issued for payment of 
 reward for apprehension." 
 
 PLEA. Toihe Specification. "Not Guilty." 
 To the Charge." Not Guilty." 
 
 FINDING. Of the Specification. "Guilty, except the word ' desert,' 
 substituting therefor the word ' leave.' " 
 
 Of the Charge. "Not Guilty, but guilty of absence 
 without leave." 
 
 SENTENCE. " To refund the expenses incurred by his apprehen- 
 sion, and to forfe.it fifteen dollars of his monthly pay lor one mouth.'' 
 
 III. The proceedings and findings in the foregoing cases are ap- 
 proved. The sentences in the cases of 
 
 Sergeant John King, Company I, First Infantry, 
 
 Private Joseph Grant, " A, 
 
 -i- " Henry Mohlman, " C, " 
 
 " Samuel Kelin, " B, Twentieth Infantry, 
 " Fritz Haber, " G, " 
 
 " Michael Mangem, " E, Fourth Cavalry, 
 " John Leary, " E, 
 
 " Robt. D. Davidson, " " " are confirmed 
 
 and will-be duly executed. In the cases of Privates Fritz Haber, Com- 
 pany G, Twentieth Infantry, John Leary and Robert D. Davidson, 
 Company E, Fourth Cavalry, Ship Island, Miss., is designated as the 
 place of confinement. 
 
 Private Henry Stevens, Company C, First Infantry, having been 
 acquitted, will be released and restored to duty. 
 
 Upon the recommendation to clemency by the Court, so much of 
 the sentence in the case of Private John O'Douneli, Company H, 
 Twentieth Infantry, as provides that he be confined, is remitted. 
 The remainder is confirmed and will be duly executed. 
 
 Upon a similar recommendation in the case of Private Michael 
 McLaughlin, Company E, Twentieth Infantry, the sentence is miti- 
 gated to a forfeiture of six dollars per month of his pay for six 
 months. He will be released and restored to duty. 
 
 In the cases of Privates Jacob Ulshe, Company D, Twentieth In- 
 fantry, and George Thompson, Company D, Twentieth Infantry, so 
 much of the sentences as provides that they refund the expenses 
 incurred for their apprehension as deserters, is remitted . The re- 
 mainder is confirmed and will be duly executed. 
 
 "Where certain men, returned to their regiments as deserters, 
 were thereupon tried by court martial, acquitted of desertion, and
 
 9 
 
 found guilty o( absence without leave only held, that a stoppage against 
 their pay for the amount of certain charges, incurred in apprehend- 
 ing them as being deserters, would be without legal sanction; they 
 being, upon such acquittal, liable to none of the consequences 
 resulting by operation of law from the commission or conviction of 
 the specific crime of desertion. That the government, upon imper- 
 fect evidence of the facts, may have allowed and paid these expenses 
 to the officer making the arrest, constitutes no reason for requiring 
 their payment of the soldier after he has been judicially pronounced 
 not guilty of the charge upon which he was apprehended." (See 
 Digest of the opinions of the Judge Advocate Central, page 3* ! 3, sec. 4. ) 
 
 IV. The General Court Martial instituted by Paragraph 3, Special 
 Orders No. 115, dated Headquarters, Fifth Military District, New 
 Orleans, La., May 26th, 18C8, of which Brevet Major General George 
 Sykes, Colonel, Twentieth Infantry, is President, is dissolved. 
 BY COMMAND OF BUBVET MAJOK GKXEIUI, L. II. ROUSSEAU: 
 
 3. H. NEILL, 
 
 jj6r, Twentieth Infantfy, Brevct/Brigadier General, TT/Y5. A., 
 Acting A^sistaiTTftiTjrttaiit General. 
 
 6. Lieut., Thirty-seventh Inf.,Bvt. First Lieut., U. S. A., 
 Acting Assistant Adjutant General.
 
 HEADQUARTERS, DEPARTMENT OF LOUISIANA, 
 
 New Or te<* n *> L "-, Oct. 30, 1868. 
 
 1. Before u General Court Martial which couveiied at Ship Islaiid, 
 Miss. , by virtue of Paragraph 3, Special Orders No . 46, current se- 
 ries, from these Headquarters, of which Brevet Major General Joseph 
 A. Mower, Colonel, Thirty-ninth Infantry, is President, were ar- 
 raigned and tried: 
 
 1 Private JOHN HARLING, Company B, Thirty-ninth Infantry. 
 
 CHARGE. " Sleeping on post." 
 
 8picif. cation. "In this, that Private John Harling, Company B, 
 Thirty-ninth Infantry, having been duly posted as a sentinel, was 
 found sleeping on his post, when visited by the Officer of the Day, 
 Brevet Major M. L. Courtney, First Lieutenant, Thirty- ninth Infan- 
 try. Tins at Ship Island, Miss. , on or about the Twenty-third day 
 of August, 1868, between the hours cf four and six o'clock, A. M." 
 
 I'LEA. Tut lie Specific,' ition. " Not Guilty." 
 To tlft Charge. "Not Guilty." 
 
 FiN.'ixcj. Of the Specified ion. "Guilty.'' 
 Of Ike Chirge. "Guilty.'' 
 
 SENTENCE. '' To be confined at hard labor at the post where his 
 c.uiipany is serving, for the period of two mouths, and to forfeit to 
 the United States, ten dollars per month of his monthly pay for the 
 .same period.'' 
 
 2. Private WESLEY JACKSON, Company H, Thirty-ninth Infantry. 
 CH.UHJE. "Sleeping on post." 
 
 Specification. "In this, that Private Wesley Jackson, Company 
 II, Thirty-ninth Infautry, having been duly posted as a sentinel, was 
 found sleeping on his post, when visited by the Officer of the Day, 
 Brevet Major M L. Courtney, First Lieutenant, Thirty-ninth Infan- 
 try. This at Ship Island, Miss., on or about the Twenty-third day 
 of August, 1868, between the hours of four and six o'clock, A. M." 
 
 PLEA. To the Specification. " Not Guilty. !: 
 To the Charge. "Not Guilty." 
 
 FINDING. Of the Specification. "Guilty." 
 Of the Charge. " Guilty/' 
 
 SENTENCE. " To be confined at hard labor at the post where his 
 company may be serving for the period of two months, and to for- 
 feit to the United States ten dollars per month of his monthly pay 
 for the same period."
 
 II. Before n General Court Martial which convened at Jackson 
 Barracks, La., by virtue of Paragraph 1, Special Orders No. 33, cur- 
 rent series, from these Headquarters, of which Lieutenant Colonel 
 William H. Wood, First Infantry, is President, were arraigned and 
 tried: 
 
 1. Sergeant GEORGE W. WHITE, Company K, First Infantry. 
 CHARGE. " Neglect of duty, to the prejudice of good order and 
 
 military discipline." 
 
 Specification. "In this, that Sergeant George W. White, Company 
 K, First Infantry, having been duly detailed as such, and at the 
 time being Sergeant of the guard mounted at Sedgwick Barracks, 
 Greenville, La., did allow Privates Noiris, of the Second Infantry, 
 and Bodell, of the Fifteenth Infantry general prisoners to escap- 
 from the guard house at Sedgwick Barracks. This at Sedgwick 
 Barracks, Greenville, La., on or about the Twenty-sixth day of 
 August, 18C8." 
 
 PLEA. To the Specification. "Not Guilty." 
 To the Charge. " Not Guilty." 
 
 FINDING. Of the Specification. "Not Guilty. " 
 
 Of the Ch'inje. "Not Guilty, and the Court does there- 
 fore acquit him." 
 
 2. Private RODY Cox, Company C, First Infantry. 
 
 CHANGE " Neglect of duty, to the prejudice of good order and 
 militiry discipline " 
 
 Sp'C'fi-fition. "In this, that Private Rody Cox, Company C, 
 First Infantry, hiving been duly detailed and mounted as a memlR'i 
 of the guard, on the evening of the Twenty -sixth of August, IStlS, 
 and while on post as a sentinel of such guard at post No. 1. did 
 allow Privates Norris, of the Second Infantry, and Bodell. of the 
 Fifteenth Infantry general prisoners to escape from the guard 
 house under his charge. This at Sedgwick Barracks, Greenville, 
 La., on the Twenty-sixth of August, 1868." 
 
 PLEA.. To the Specification. " Not Guilty." 
 To the Charge. "Not Guilty." 
 
 FINDING. OftheSpecific'ititn. " Not Guilty." 
 
 Oj the Chargr. " Not Guilty, and the Court does there- 
 fore acquit him." 
 
 3. Private CARL GERLACH, Company G, First Infantry. 
 CHARGE. " Violation of the Forty-sixth Article of War." 
 Specification. "In this, that Private Carl Gerlach, Company 
 
 G, First Infantry, having been regularly detailed for guard, and 
 posted as a sentinel on post No. 5, in charge of a general prisoner 
 under sentence, and sick in the post hospital, was found by the 
 Officer of the Day, between the hours of 12:30 and 1:30, A. M., on
 
 3 
 
 the Eleventh of October, 18(58, asleep on his post. This at Seclg- 
 wick Barracks, Greenville, La., on or about the elate above stated." 
 PLEA. To ike Specification. "Guilty." 
 
 Toih: Cha-g?. "Guilty." 
 FINDING. Of the Specification. "Guilty." 
 
 Of the Charge. "Guilty." 
 
 SENTENCE. "To be confined ut h;ird labor in charge of the guard 
 for the period of three months, and to forfeit ten dollars of his 
 month y pay per mouth for the sains period." 
 
 4. Private JOHN KISE, Company G, Sixth Cavalry. 
 CHARGE IST. "Absence without leave." 
 
 Sp cificat ion First. " In this, that Private John Kise, Company G, 
 Sixth Cavalry, did, without proper authority, absent himself from 
 the quarters ol his company on the Twenty first day of September, 
 1808, and did remain absent till the Twenty-second day of Septem- 
 ber, 18(58, when he returned. This at New Orleans, La/' 
 
 Spvcificillon Second. "In r,his, that Private John Kise, Company 
 G, Sixth Cavalry, did, without proper authority, absent himself from 
 the quarters of his company on the First day of October, 1808, and 
 remained absent until the Third day oi October, 18G8, when he was 
 arrested by a non-cominissioiied officer detailed for the purpose. 
 Tliis at New Orleans, La.' 1 
 
 CHARGE 2i>. "Conduct to the prejudice of good order and military 
 discipline.'' 
 
 SpedjvMtlfm. "In this, that Private John Kise, Company G, 
 Sixth Cavalry, while under charge of a guard awaiting trial, did 
 escape and absent himself from said guard ou the Fifth day of Oc- 
 tober, 18G8, and did remain absent till the Eighth day of October, 
 IStiS, when he was arrested by First Lieutenant Henry B. Melleu, 
 Sixth Cavalry, and brought into camp. This at New Orleans, La." 
 FLEA. To ike First SpscMaition to First Chary?. "Guilty." 
 To the Second Specifi :al ion 10 First Churt/e. "Guilty." 
 T<> she First Clvirge. '-Guilty." 
 To the Specification to Second Charge. ''Guilty." 
 To the /S; ond Charge. " Guilty." 
 
 FINDING. Of the Fint Sp^cficnli -n to First Charge. "Guilty." 
 Of i he Second Specification to First Charge. "Guilty." 
 Of the First Cka>fjf." Guilty." 
 Of the Specific'ition to Second Cliarye. "Guilty." 
 Of the Second Gltarije. "Guilty. " 
 
 SENTENCE. " To forfeit ten dollars of his monthly pay per month 
 for the period of three months, and to be confined at hard labor in 
 charge of the guard for the same period. " 
 
 5. Private SAMUEL NOKUIS, Light Battery K, First Artillery.
 
 CHARGE " Neglect of duty, to the prejudice of good order and 
 military discipline." 
 
 Specification. " In this, that Private Samuel Norris, Light Bat- 
 tery K, First Artillery, having been placed upon extra duty as an 
 Assistant Engineer in the Quartermaster's Department, at Seilgwick 
 Barracks, Greenville, La., and having been ordered by Fiist Lieu- 
 tenant George Asbury, First Artillery, Acting Assistant Quarter- 
 master, post of New Orleans, La., to occupy at night the engineer's 
 office, (a frame building contiguous to the government dock and the 
 government steam engine house, at Greenville, La.,) and to act as a 
 watchman there at night over all public property for which he, the 
 said First Lieutenant George Asbury, First Artillery, was responsi- 
 ble as Post Quartermaster, in that immediate vicinity, in shape of 
 the steam engine, the government dock and the fixtures thereto 
 belonging, did neglect the said duty, and did allow a certain quantity 
 of the copper supply pipe sixty feet, more or less attached to the* 
 government dock, and valued at live hundred dollars more or less 
 to be stolen therefrom. This at or near Sedgwick Barracks, Givim- 
 ville, La., on or about the Seventeenth and Eighteenth of July, 18CX, 
 between the hours of retreat and reveille ." 
 
 PI-EA. To tue Specification. "Nut Guilty." 
 TV tite Charge. "Not Guilty.'" 
 
 FINDING. Of the Specification. "Not Guilty." 
 
 Of the Charye. ' ' Not Guilty, and the Court does there- 
 lore acquit him. '' 
 
 6. Private THE >DORE VA.V CfcASBOBU, Company A, First Infantry. 
 
 CHARGE. "Conduct to the prejudice of good order and military 
 discipline. " 
 
 Specification First. ''In this, thnt Private Theodore Van Clas- 
 burg, Company A, First Infantry, in conjunction with Private Peter 
 Hesse, Light Battery K, First Artillery, did feloniously enter the 
 United States Bakery of the post of New Orleans, La., and did steal, 
 take and carry away therefrom one barrel of Hour, the property of 
 the United States, for which he, Private Theodore Van Clasburg, 
 Company A, First Infantry, in conjunction with Private Peter Hesse, 
 Light Battery K, First Artillery, did receive a certain amount of 
 money, which he appropriated to his or their own use. This at 
 New Orleans, La., on or about the. Twenty-sixth dny of June, 1868." 
 
 Specification Second. " In this, that Private Theodore Van Clas- 
 burg, Company A, First Infantry, in conjunction with Private Peter 
 Hesse, Light Battery K, First Artillery, did feloniously enter the 
 United States Bakery of the post of New Orleans, La., and steal, 
 take and carry away therefrom one barrel of flour, the property of 
 the United States, for which he, Private Theodore Van Clasburg,
 
 Company A, First Infantry, in conjunction with Private Peter Hesse, 
 Light Battery K, First Artillery, did receive a certain amount of 
 money which he wrongfully appropriated to his or their own use. 
 This at New Orleans, La., on or about the First day of May, 1868." 
 
 Specification 2 hird. "In this, that Private Theodore Van Clas- 
 burg, Company A, First Infantry, while on duty at the United 
 .States Bakery of the post of Xew Orleans, Lu., did feloniously steal, 
 take and cause to be carried away two wagon loads of wood, the 
 property of the United States, which he wrongfully appropriated to 
 his own use. This at New Orleans, La., on or about the Twenty- 
 eighth day of May, 1868." 
 
 Specified! to i F.iurlk. "In this, that Private Theodore Van Clas- 
 burg. Company A, First Infantry, while in charge of the Post Ba- 
 kery at New Orleans, I. a., did without proper authority, sell to one 
 Mr. Wiutship, two wagon loads of wood, he Private Theodore Van 
 Clasburg, knowing the same to U^the property of the United States, 
 and did deceive in payment therefor, a sum of money, which he 
 Private Theodore Van Clasburg, Company A, First Infantry, appro- 
 printed to his own use. 'Ibis at New Orleans, La., on or about the 
 Twt-nt;. -fifth day of May, 1808." 
 
 Sp&iijiettiio-t Fif-h. ''In this, that Private Theodore Van Clas- 
 burg, Company A, First Infantry, while in charge of the Post Ba- 
 kery of New Orleans, La., did, in conjunction with Private Peter 
 Hesse, Liglit Battery K, First Artillery, and without proper author- 
 ity, sell to one Henry Wentzel, one barrel of flour, he, Private 
 Tlu'odor<3 Van Clasburg, knowing the same to be the property of 
 the United States, and did receive in payment therefor a sum of 
 money, which he, Private Theo'.l.jre Van Olasburg, ( Company A, 
 First Infantry, in conjunction with Private Peter Hesse, Light Bat- 
 tery K, First Artillery, did appropriate to his or their own use. This 
 at New Orleans, La., on or about the Twenty-sixth day of June, 
 1868.'' 
 
 Specified/ ion Wxih. "In this, that Private Theodore Van Clas- 
 burg, Company A, First Infantry, while in charge of the Post Ba- 
 kery of New Orleans, La., did in conjunction with Private Peter 
 Hesse. Light Battery K, First Artillery, sell to one Weudelin Heider, 
 one.barrel of flour, he, Private Theodore Van Clasburg, knowing 
 the same to be the property of the United States, and did receive 
 in payment therefor a sum of money, which he, Private Theodore 
 Van Clasburg, in conjunction with Private Peter Hesse, Light Bat- 
 tery K, First Artillery, appropriated to his or their own use. This 
 at New Orleans, La., on or about the First day of May, 1868." 
 . To the First Specification. " Not Guilty." 
 To tlie Second Specification. " Not Guilty."
 
 To the Third Specification. " Not Guilty.'' 
 To the. Fourth Specification. "Not Guilty." 
 To the Fifth Specification. " Not Guilty." 
 To the Sixth Specification. " Not Guilty.'' 
 To Hi". Char<je."Not Guilty." 
 FtNDiNG. Of the First "Specification. " Not Guilty." 
 
 Of the Second Specificatio". "Not Guilty." 
 Of the Third Spccificaiio'<. "Not Guilty." 
 Of the Fourth Specification. "Not Guilty." 
 Of the Fifth Specification. " Not Guilty." 
 Of the Sixth Specification. "Not Guilty." 
 Of the Lharye. "Not Guilty, mid the Court does there- 
 fore acquit him." 
 
 III. The proceedings, findings and sentences in the cases of- 
 
 Privates John Hailing, Company 15, and Wesley Jackson, Company 
 H, Thirty-ninth Infiintry, are approved. In accordance with the 
 recommendation of the Court, based upon the fact that the pris- 
 oners have already been confined for two months, awaiting trial, so 
 much of the sentences as provides that they be confined is remitted. 
 The remainder is confirmed and will be duly execute, I. They will 
 be released and restored to duty. 
 
 The proceedings, findings and acquittals in the cases of 
 
 Sergeant George W. White, Company K, First lutantry, 
 
 Private llody Cox, Company C, First Infantry, 
 
 " Theodore Van Clasbarg, Coiupuiy A, First Infantry, 
 " Samuel Norris, Light Battery K, First Artillery, are ap- 
 proved. They will be released and restored to dutj. 
 
 The proceedings and findings in th-5 case of 
 
 Private John Kise, Company G, Sixth Cavalry, ar.^ approved. The 
 sentence is confirmed and will be duly executed. 
 
 The proceedings, findings and sentence in the case of Private 
 Carl- Gerlach, Company G, First Infantry, are approved, but in 
 accordance with a recommendation to clemency by the Court, based 
 upon " tha mitigating circumstances of the case and his previous 
 good character," so much of the sentence as provides that he be 
 confined is remitted. The remainder is confirmed and will be duly 
 executed. He will be released and restored to duty. 
 BY COMMAND OF BKEVET MAJOK GENERAL L. H. ROUSSEAU : 
 
 )S. H. NEILI,,
 
 HEADQUARTERS, DEPARTMENT OP LOUISIANA, 
 
 GENE L ORDERS j N < Orleans, La., Nov. 5, 1868. 
 
 Upon the recommendation of Brevet Major General R. C. Bu- 
 chanan, U. S. Army, and upon the receipt of a communication from 
 the Secretary of War enclosing opinion from the Judge Advocate Gen- 
 eral, General Orders No. 7, current series, from these Headquarters, is 
 revoked, except that portion which requires that the order appoint- 
 ing a Regimental or Garrison Court Martial, shall state that it was 
 impracticable to convene a Field Officer's Court; and the sentences 
 in the cases of Privates Daniel Gorman, Company G, James Farley, 
 Company K, and Frederick Browning, Company K, all of the First 
 Infantry, are remitted. 
 
 Under instructions from the Secretary of War, hereafter, only the 
 oath as member will be administered to the Recorder of a Regi- 
 mental or Garrison Court Martial. 
 
 BY COMMAND OF BUKVET MAJOR GENERAL L. H. 
 
 or, Twentieth Infantry, Brevet Brigadier General, U. S. A., f 
 Acting As-ist;u\t AJjut^nt'ljeneral. 
 
 /Sec. Lieut., Thirty-seventh Inf., Bvt. First Lieut., U. S. A., 
 Acting Assistant Adjutant General.
 
 UNIVERSITY OF CALIFORNIA LIBRARY 
 
 Los Angeles 
 This book is DUE on the last date stamped below. 
 
 NOV 7 1960 
 
 NOV 7 
 
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 1868