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Before a general Court Martial, convened at Kinston. North Carolina, by virtue of General Order No. 9, Headquarters Department North Carolina, were arraigned and tried the following prisoners.
[The specifications being lengthy and minute, are omitted in this order.] Viz:
CHARGE.—Conduct highly prejudicial to good order and military discipline.
Of the specification, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the accused, private E. Franklin Cox, Co. “B,” 10th Regt. Artillery, North Carolina troops, to be confined at hard labor, with a twelve-pound ball attached to his left ankle, by a chain 3 feet long for 3 months.
CHARGE 1st.—Absence without leave.
[CHARGE] 2d.—Conduct unbecoming an officer and a gentleman.
The court do affirm the plea of 1st specification 1st charge— pleaded alike to both.
Of the second specification, Guilty.
Of the 2d charge, Guilty.
That the said 1st Lieut. James A. Waller, Co. “F,” 38th
Regt. Va. Infantry, be
CHARGE.—Absence without leave.
Of the specification, Guilty.
Of the charge, Guilty.
And the court do therefore, sentence the said Lieut. J. G. Younger, Co. “F,” 53d Va. Regiment to be reprimanded from Brigade Headquarters.
CHARGE.—Absence without leave.
Of the specification, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the said private, Jas. Bailey, Co. “I,” 57th Va. Regt., to forfeit 4 months pay, and to work on some fortification with a twelve-pound ball and three-foot chain attached to his left ankle for one month.
CHARGE—Conduct to the prejudice of good order and military discipline.
Of the specification, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the said private, Jas. J. Ragsdell, company “I,” 57th Va. Regiment, that he be made to dig two sets of sinks for his Regiment.
CHARGE.—Absence without leave.
Of the specification, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the said private, Joseph H. Jones, company “I,” 57th Va. Regiment, to forfeit four months pay, and to be made to work on fortifications for four months, with a 12-pound ball attached to his left ankle by a three-foot chain, and to be deprived of furlough for 12 months.
CHARGE.—Absence without leave.
Of the specification, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the said Private Wm.
T. Newton, Co. G, 14th Virginia Regiment, to be deprived of
CHARGE.—Absence without leave.
Of the specification, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the accused, private James Cox, Co. G, 14th Virginia Infantry, to be deprived of furloughs for six months, and be made to cut wood for the use of his company two hours each day—this not to interfere with his daily duties, and that he forfeit one months pay.
CHARGE.—Desertion.
Of the specification, Guilty.
Of the charge, Not Guilty of Desertion, but guilty of absence without leave
And the court do, therefore, sentence the said private Jas E. McGuire to forfeit four months pay, and to do camp police duty for four months, this not to interfere with his other duties, and to be deprived of the benefit of a furlough or leave of absence for twelve months.
CHARGE 1st.—Desertion.
" 2nd.—Breaking arrest and escaping.
Of the specification first, Guilty, except the word “desert.”
Of the charge first, Not Guilty of Desertion, but guilty of absence without leave.
Of the specification second, Guilty, except the words “break from the jail.”
Of the charge second, Guilty,
And the court do, therefore, sentence the accused, Thomas B. Coleman, Company G, 38th Virginia Infantry, to forfeit
CHARGE—Absence without leave.
Of the specification, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the said private Henry B. Johnson, Co. D, 14th Va. Regiment, to forfeit two months pay, and to be kept on detail to police his camp for two months—this not to interfere with his other daily duties.
CHARGE.—Desertion.
Of the specification, Guilty, except the word desert.
Of the charge, Not Guilty of desertion, but guilty of absence without leave.
And the court do, therefore, sentence the accused, private Wm. W. Lapraid, Co. G, 57th Va. Regiment, to forfeit six months pay, and to do six months hard labor, with a twelve-pound ball attached to his left ankle, by a chain three feet long, on some government fortification, and to be deprived of all furloughs during the war.
CHARGE.—Desertion.
Note.—The accused private Nathaniel T. Brooks Co. G, 57th Va. Regiment, pleading the President's proclamation of August, 1863, in bar of trial—the court affirmed the special plea of the accused—pleaded both to the charge and specification, and ordered the proceedings staid, and dismissed the case from the court.
CHARGE.—Absence without leave.
Of the specification, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the accused private J. T. Daniel, Co. G, 14th Regiment Va. Infantry, to do six months camp police duty and not to be exempt from other duties during the time, and to be deprived of his re-enlistment furlough and transportation therefor.
The condition of his family precludes the inflicting of the pecuniary penalty, as has been usual in similar cases by this court.
CHARGE.—Desertion.
Of the specification, Guilty, except the words “was returned under guard.”
Of the charge, Guilty.
And the court do, therefore, sentence the accused private James Craine, 53rd Va. Regiment, to forfeit all pay and allowances now due, and to have one half of his head shaved, and to work on some government fortifications, with a twelve-pound ball attached to his left ankle for six months.
CHARGE, Absence without leave.
Of the 1st specification, Guilty.
Of the 2nd specification, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the accused Private Wm. A. Rice, Co. H, 53rd Va. Regiment, to perform six months hard labor on some government work, with a twelve-pound ball attached to his left ankle, by a chain three feet long, and to be deprived of all furloughs during the war.
CHARGE.—Desertion.
Of the specification, Guilty.
Of the charge, Not Guilty of desertion, but guilty of absence without leave.
And the court do, therefore, sentence the accused Private
CHARGE.—Desertion.
Of the specification, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the accused Private O. W. Gibson, Co. G, 53rd Va. Regiment, to forfeit all pay and allowances now due him—to be branded with the letter “ D,” on his left thigh, and to perform six months hard labor some government work, with a twelve-pound ball attached to his left ankle, by a chain three feet long, and to be deprived of all furlough during the war.
CHARGE.—Conduct prejudicial to good order and military discipline.
Of the specification, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence Private S. C. Marks, Co. G, 53rd Va. Regiment, to have the left side of his head shaved and to be made to walk before a sentinel four hours each day for thirty days, in front of the Brigade Guard House, with a board fastened to his back marked “Rogue,” and to be confined to the Guard House during the interval of the time above specified.
CHARGE 1st.—Desertion.
[CHARGE] 2nd.—Persuading and inducing others to desert.
Of first specification of 1st charge, Guilty.
Of first charge, Guilty.
Of the specification, 2d charge, Not Guilty.
Of second charge, Not Guilty.
And the court do, therefore, sentence the accused, private
CHARGE.—Absence without leave.
Of the specification, Not Guilty.
Of the charge, Not Guilty.
The Court do, therefore, acquit the said Captain R. S. Ransom, Co. I, 57th Virginia Regiment, and order him to be released from arrest and returned to duty.
CHARGE.—Absence without leave.
Of the third specification, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the accused, Second Lieut. M. Stamburger, Co. K, 14th Regiment Virginia Infantry, to be reprimanded from Brigade Headquarters.
CHARGE—Desertion.
Of the specification, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the accused, private Geo. W. Ham, Co. C, 14th Virginia Regiment, to have half his head shaved, and to be branded with the letter “D,” on his left hip, to work on government fortifications for four months, and forfeit all pay and allowances now due him.
CHARGE—Desertion.
Of the specification, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the accused, private Israel Laprad, Co. F, 53rd Virginia Infantry, that he be branded with the letter “ D ” one and a half inches in diameter,
CHARGE—Mutiny.
Of the first specification of the charge, Guilty.
Of the second
Of the charge, Not Guilty of mutinous conduct, but guilty of conduct highly prejudicial to good order and military discipline.
And the court do, therefore, sentence the accused, private Powhatan Norris, company “D,” 53d Virginia Regt. to forfeit four months pay, and to be confined in the Guard House of his Brigade, with a twelve-pound ball and three-foot chain attached to his left ankle for three months, and to do three hours police duty every day during the time aforesaid,
CHARGE, Aggravated absence without leave.
Of the specification, Guilty.
Of the charge, Guilty, except the word “aggravated.”
And the court do, therefore, sentence the accused, private Jno. T. Richardson, Co. E, 14th Va. Regiment, to sixty days forfeiture of pay, and to do sixty days police camp duty, this not to exempt him from his other duties during the time of his punishment, and to be deprived of all re-enlistment furloughs or transportation due for the same.
CHARGE—Absence without leave.
Of the specification, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the said Corporal S.
A. Montgomery, Co. F, 14th Va. Regiment, to be reduced to
the ranks, and to forfeit sixty days pay, and to do sixty days
CHARGE.—Absence without leave.
Of the specification, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the accused, private Williamson Jones, Co. “F,” 14th Regiment, to 60 days forfeiture of pay, to do sixty days police camp duty, this not to exempt him from other daily duties for the time, and to be deprived of all re-enlistment furloughs, or transportation therefor.
CHARGE 1st.—Desertion.
[CHARGE] 2nd.—Absence without leave.
Of the first specification first charge, Not Guilty.
Of the charge, Not Guilty.
Of the specification of 2nd charge, Guilty.
Of the 2nd charge, Guilty.
And the court do, therefore, sentence the accused, private Spicer Howell, Company “B,” 14th Va. Regt., to forfeit four months pay, to perform four months hard labor, two hours each day, this not to interfere with his daily duties, and be deprived of all leave of absence for twelve months.
CHARGE 1st.—Desertion.
[CHARGE] 2nd.—Absence without leave.
Of the specification of first charge, Not Guilty.
Of the first charge, Not Guilty.
Of the specification of second charge, Guilty.
Of the second charge, Guilty.
And the court do, therefore, sentence the accused, private
Jno Burnett, Co. B, 14th Virginia Regiment, to forfeit six
months pay, to perform six months hard labor on some government
CHARGE 1st—Desertion.
[CHARGE] 2nd—Absence without leave.
Of specification of 1st charge, Guilty.
Of first charge, Guilty.
Of specification, 2d charge, Guilty.
Of second charge, Guilty.
And the court do, therefore, sentence the accused, private Wm. Burnett, Co. B, 14th Va. Regiment, to forfeit all pay and allowances that is now or may become due, and be confined at hard labor with a twelve-pound ball attached to his left, ankle by a chain three feet long, during the war.
CHARGE.—Desertion.
Of the specification, Guilty,
Of the charge, Guilty.
And the court do, therefore, sentence the accused, private Geo. W. Meaks, Co. K, 38th Va. Regiment, that he forfeit all pay now due, and to work on fortifications with a twenty-pound ball attached to the left ankle, by a chain three feet long, for the balance of the war.
CHARGE.—Desertion.
Of the specification, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the accused, private Thoms L. Peak, Co. F, 38th Va. Regiment, to forfeit all pay and allowances now due him, to perform six months hard labor, with a twelve-pound ball attached to his left ankle, by a chain three feet long, on some fortification.
The court is thus lenient on account of a certificate exhibited which leaves some doubt as to his health.
CHARGE.—Desertion.
Of the specification, Not Guilty of Desertion, but guilty of absence without leave.
Of the charge, Not Guilty of Desertion, but guilty of absence without leave.
And the court do, therefore, sentence the accused, private James D. Hall, Co. F, 38th Va. Regiment, to two months forfeiture of pay, to two months camp police duty, this not to exempt him from other duties while undergoing punishment, and to be deprived of all leaves for twelve months.
The court is thus lenient on account of good character, as proved.
CHARGE 1st—Aggravated case of absence without leave.
[CHARGE] 2nd—Absence without leave.
Of the specification, 1st charge, Guilty.
Of the 1st charge, Guilty.
Of the specification, 2nd charge, Guilty.
Of the 2nd charge, Guilty.
And the court do, therefore, sentence the accused, private Joseph G. Clayton, Co. I, 14th Va. Regiment, to two months forfeiture of pay, to do two months extra police duty, this not to interfere with his daily duties, and to be deprived of any furlough for twelve months.
CHARGE 1st—Aggravated case of absence without leave.
[CHARGE] 2nd—Absence without leave.
Of the specification, 1st charge, Guilty.
Of the 1st charge, Guilty.
Of the specification, 2nd charge, Guilty.
Of the 2nd charge, Guilty.
And the court do, therefore, sentence the accused, private J. L. Condrey, Co. I, 14th Va. Regiment, to two months forfeiture of pay, to two months police duty, this not to interfere
CHARGE 1st.—Aggravated case of absence without leave.
[CHARGE] 2nd—Absence without leave.
Of the specification, 1st charge, Guilty.
Of the 1st charge, Guilty.
Of the specification, 2nd charge, Guilty.
Of the 2nd charge, Guilty.
And the court do, therefore, sentence the accused, private B. A. Woodridge, Co. I, 14th Va. Regiment, to two months forfeiture of pay, to do
CHARGE 1st.—Desertion.
[CHARGE] 2nd—Absence without leave.
Of the specification, 1st charge, Not Guilty.
Of the 1st charge, Not Guilty.
Of the specification, 2nd charge, Guilty.
Of the 2nd charge, Guilty.
And the court do, therefore, sentence the accused, private Nick. L. Howell, Co, B, 14th Va. Regiment, to forfeit four months pay and to perform four months hard labor, this not to interfere with his daily duties, and be deprived of all leaves for twelve months.
CHARGE 1st.—Desertion.
[CHARGE] 2nd.—Absence without leave.
Of the specification, 1st charge, Guilty.
Of the 1st charge, Guilty.
And the court do, therefore, sentence the accused, private Thomas Woraford, Co. B, 14th Va. Regiment, to forfeiture of all pay and allowances now due, and to be branded with the
CHARGE 1st.—Desertion.
[CHARGE] 2nd.—Absence without leave.
Of the specification, 1st charge, Guilty.
Of the 1st charge, Guilty.
And the court do, therefore, sentence the accused, private John Woraford, Co. B, 14th Virginia Regiment, to forfeiture of all pay and allowances now due, and to be branded with the letter “D,” one and a half inches in diameter, on his left hip, and to perform six months labor on some fortification, with a twelve-pound attached to his left ankle, by a chain three feet long.
CHARGE 1st.—Desertion.
[CHARGE] 2nd.—Absence without leave.
Of the specification, 1st charge, Not Guilty of Desertion, but guilty of absence without leave.
Of the 1st charge, Not Guilty of desertion, but guilty of absence without leave.
Of the specification, 2nd charge, Guilty.
Of the 2nd charge, Guilty,
And the court do therefore, sentence the accused, private Lynch A. Leftwich, Co. B, 14th Virginia Regiment, to four months forfeiture of pay, to perform four months extra police duty—this not to interfere with his other duties.
CHARGE 1st—Desertion.
[CHARGE] 2nd—Desertion.
Of the specification, 1st charge, Guilty.
Of the 1st charge, Guilty.
Of the specification, 2nd charge, Guilty.
Of the 2nd charge, Guilty.
Note.—The accused not being a conscript, and entitled to an honorable discharge, the court refuse to inflict any punishment.
CHARGE—Absence without leave.
Of the specification, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the accused, private F. M. Collins, Company F, 53rd Va. Regiment, that he forfeit six months' pay, and to perform six months work on fortifications, with a twenty-pound ball attached to his left ankle, by a chain three feet long, and be deprived of all furloughs during the war.
CHARGE—Absence without leave.
Of the specification, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the accused, private Thomas H. Taylor, Co. F, 53rd Virginia Regiment, to forfeit six months pay and be made to work on government fortifications, with a twenty-pound ball attached to his left ankle, by a chain three feet long, and be deprived of all furloughs during the war.
CHARGE.—Conduct prejudicial to good order and military discipline.
Of the 1st specification, Guilty.
Of the 2nd specification, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the accused, private James R. Smith, Co. G, 53rd Virginia Regiment, that he forfeit four months pay and work on government fortifications four months, with a twelve-pound ball attached to his left ankle, by a chain three feet long, and the letter “R” branded on his left hip.
CHARGE.—Conduct prejudicial to good order and military discipline.
Of the first specification of charge, Not Guilty.
Of the 2nd specification of charge, Not Guilty.
Of the charge, Not Guilty.
The court do, therefore acquit the accused, private W. D. Gibbs, Co. G., 53rd Virginia Regiment.
CHARGE.—Conduct to the prejudice of good order and military discipline.
Of the first specification of charge, Guilty.
Of the second specification of charge, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the accused, private J. H. Westmoreland, Co. G, 53rd Virginia Regiment, that he forfeit four months pay, and that he be made to work on government fortifications four months, with a twelve-pound ball attached to his left ankle, by a chain three feet long, and have the letter “R,” branded on his left hip.
CHARGE.—Conduct to the prejudice of good order and military discipline.
Of the first specification of charge, Guilty.
Of the second specification of charge, Guilty.
Of the charge, Guilty.
And the court do, therefore, sentence the accused, private J. A. C. Brooks, Company G, 53rd Virginia Regiment, that he forfeit four months pay and be made to work on government fortifications four months, with a twelve-pound ball attached to his left ankle, by a chain 3 feet long, and have the letter “R” branded on his left hip.
II. The proceedings, findings and sentences, in the foregoing
cases, are approved, and will be carried into execution. In the case of private Thos. R. Quime, Co. D, 38th Va. Regt., the sentence of death is confirmed, and will be carried into
III. Wherever the court has declined to inflict any punishment, or has acquitted the accused, the men and officers will be released at once and returned to duty.
IV. In cases where the court sentences the men to work on government works, they will be sent on to Brigadier-General Winder at Richmond, with a copy of their sentence, for execution. Where their punishment is under the direction of their Commanding Officers, it will be strictly carried out.
V. Lieut. James A. Waller, Co. F, 38th Va. Regiment, being cashiered by sentence of the court, ceases from this day to be an officer in the Confederate service, and his Commanding officer will take proper steps to secure his conscription. 1st Lieut. J. G. Younger, Co. F, 53rd Va. Regiment, and 2nd Lieut. M Stronburgher, Co. K, 14th Va. Regiment, will, according to their sentence, receive a reprimand from Brigade Headquarters.
VI. Capt. R. S. Ransom, Co. I, 57th Va. Regiment, being acquitted by the court, will be released from arrest and resume his sword.