garrison duty, or such other light duty as may be required of an Ir
mental Commanders shall, at once, make out, from information
Medical and Company Officers, and from their own knowledge, rolls
those enlisted men under their commands who fulfill the following c..
1. That they are unfit for active field service on account of age, or
contracted in the line of their duty-this fact being certified by a
a personal examination.

2. That they are fit for garrison duty-this fact being likewise cert Officer, as above, after a personal examination.

3. That they are, in the opinion of the Commanding Officers, meritor These rolls shall be certified by the examining Surgeon and Regiu and transmitted, through the regular military channels, to the Adjut Army.

Second. By taking those enlisted men still in service and borne on are absent from duty in hospitals, convalescent camps, or are otherwise of Medical Officers. In these cases the Medical Officer shall, as soon as rolls, and send them, properly certified by himself, to the Adjutant Gen The rolls of men for the Invalid Companies having been received, under orders from the Adjutant General of the Army, under charge o and with their descriptive lists and clothing accounts, to the Depo may belong, as follows:

1st Cavalry

. Carlisle Barracks, Pa.

eek, Virginia, on or

McCarty, Company

finds the accused,

WS:

WAR DEPT, ADJUTANT GENERAL'S OFFICE

Washington, Angual 1863
The following defects in the records of a General Court Martial, which convened
at the Belmartes 1st Brigade, 1st Division, 6th Corps, of which Lieu
Ciel E. L. Campbell, 15th New Jersey Volunteers, was President, before wilich
Primates John Miller, Charles Haskard, A. Dobson, J. Jolinson, and P
ser Jersey Volunteers, and T. McCluskey, A. Baldwin, and J. Mulgrove,
Jersey Volunters, and J. W. Priestly, 15th New Jersey Volunteers, are published
tion and guidance of all concerned ::

ods in each case fail to show that the Court was organized as the law re
at was organized at all. If a record does not show that the Court con
t to the order constituting it, and how many and what members were
the defects cannot be supplied by a reference to the records of another case tried
i bour on the same day in which this does appear.

-The proceedings, findings, and sentences in the cases of the following enlisted
ed before a General Court Martial, which convened at Fort Pulaski, Georgia,
Dudley W. Strickland, 48th New York Volunteers, was President, and pab
al Orders, No. 54, Headquarters Department of the South, are inopera
ord of the Court not showing that the Judge Advocate was sworn:
Charles Mills, Company "E, 48th New York Volunteers.
William Clarkson, Company "1" 48th New York Volunteers.
John Giles, Company "B" 48th New York Volunteers.
William H. Pense, Company "F" New York Volunteer Engineers.
Charles E. Brayton, Company "G," 3d Rhode Island Artillery.
John Fenner, Company "G" 48th New York Volunteers.
Par Calvin Havens, Company "P" 48th New York Volunteers.
Charles E. Jones, Company "E" 48th New York Volunteers.

-The following defects in the records of a General Court Martial, which convened
Cay Station, Virginia, July 28, 1863, of which Lieutenant Colonel E. Powell,
in Volunteers, is President, before which were tried Privates Patrick Heenan, Com-
Gch New York Volunteers, James Petrie, and Joshua Nixon, Company
Pylvania Volunteers, are published for the information and guidance of
Thin each case fail to show that the Court was organized according to law,
ratas organized at all; and in the case of Private Heenan, there is no averment
yan of the commission of the offence in either of the specifications under the
eta charges. These irregularities reader the sentences in the above cases in-
-The amence of a General Cont Martial, which convened at the Henry House,
May 2, 19, of which Captain W. Harvey Brown, 14th U. S. Infantry, is
ed a slowing that the Court or Judga ocate were duly sworn in
ed Private John Byring Company "B," 6th U. S. Infantry, is in-

pany "A. 1 :th Kenened at Minfordville, 7th Kenty

either Count of

Company B, 23d le Commanding

iry, Baltimore, Headquarters, uary 8, 1863, dent, was ar

pany D, 5th rvice of the e following represented he follownd James or about near Fort so, James 31st day esenting

D, 5th I knowO were names

) were hester

regngly Dany Marat

nt

ns

id

n

h

Henry G. Stratton, 19th Ohio Volunteers, is President, in the case of Private Bluford S. McCandless, Company "B," 21st Kentucky Volunteers, are fatally defective. The accused was tried for absence without leave, but there is no evidence whatever of an unauthorized absence, it not appearing but that he might have absented himself with full authority. Moreover, the findings of the Court are inconsistent with each other, the accused having been found guilty of the specification "but not improperly absent all the time specified, by reason of sickness ;" and of the charge, guilty. The proof and findings are so defective that the sentence is hereby remitted.

VII. The following defects in the records of a General Court Martial, which convened at Fort Pickering, Tennessee, February 6, 1863, of which Captain J. P. Winters, 89th Indiana Volunteers, was President, before which was tried Private J. B. Curnes, Company D," 130th Illinois Volunteers, are published for the information and guidance of all concerned:

6.

The record fails to show that the Court was organized as the law requires. To state that "the Court being regularly in session, (as recorded in a former case,) proceeded to try," &c., is not in compliance with paragraph 891, Revised Army Regulations. The sentence in the above case is therefore inoperative.

VIII.--The proceedings, findings, and sentences in the cases of Private Israel Kerr, Company "I," 120th Illinois Volunteers, and Sergeant Frederick Mitz, Company “I," 89th Indiana Volunteers, tried before a General Court Martial, which convened at Fort Pickering, Tennessee, April 25, 1833, of which Lieutenant Colonel R. A. Peter, 131st Illinois Volunteers, was President, are inoperative. It appears from the record that but four members of the Court Martial were present at each trial.

IX.--The proceedings, findings, and sentence in the case of Private John Grayback, Company “D,” 3d Ohio Cavalry, tried before a General Court Martial which convened at the Headquarters, 2d Division, 21st Corps, June 23, 1863, of which Major Thomas M. McClure, 24th Ohio Volunteers, was President, are inoperative, the record not showing that the Court or Judge Advocate were sworn in the presence of the accused.

X. The proceedings, findings, and sentence in the case of Private Jacob Fredge, Company "E" 113th Ohio Volunteers, tried before a General Court Martial, which convened at Shelbyville, Tennessee, July 28, 1863, of which Lieutenant Colonel Carter Van Vleck, 78th Illinois Volunteers, was President, are inoperative, the record not showing that the Judge Advocate was sworn.

BY ORDER OF THE SECRETARY OF WAR:

E. D. TOWNSEND, Assistant Adjutant General.

General Orders,

No. 293.

WAR DEP'T, ADJUTANT GENERAL'S OFFICE,
Washington, August 12, 1863.

I. Before a General Court Martial which convened at Cumberland, Maryland, December 23, 1862, pursuant to Special Orders No. 84, dated Headquarters R. R. Divis ion, Cumberland, Maryland, November 26, 1862, and of which Lieutenant Colonel Frederic E. Embick, 106th New York Volunteers, is President, was arraigned and triedPrivate Dennis McCarty, Company B, 23d Illinois Volunteers. CHARGE I.-"Assault with intent to kill."

Specification" In this; that Dennis McCarty, Private, Company B, 23d Regiment Illinois Volunteer Infantry, did make an assault upon the person of James Noonan, a Private, Company B, 23d Regiment Illinois Volunteer Infantry, with a knife, held in the hand of him, the said Dennis McCarty, thereby inflicting dangerous wounds in the abdomen and breast of the said James Noonan. This at camp Jessie, New Creek, Virginia, on or about the 3d day of October, 1862."

. CHARGE II." Violation of the 9th Article of War."

Specification "In this; that Dennis McCarty, an enlisted soldier in the service of the United States, Private, Company B, 23d Regiment Illinois Volunteer Infantry, did offer violence against his superior, Martin Morrison, a Sergeant, Company B, 23d Regi ment Illinois Volunteer Infantry, while in the execution of his office, by lifting up a knife and attempting to stab said Martin Morrison, Sergeant, company B, 23d Regi

ment Illinois Volunteer Infantry. This at camp Jessie, New Creek, Virginia, on or about the 3d day of October, 1862."

To which charges and specifications the accused, Private Dennis McCarty, Company B, 23d Illinois Volunteers, pleaded “Not Guilty."

FINDING.

The Court, having maturely considered the evidence adduced, finds the accused, Private Dennis McCarty, Company B, 23d Illinois Volunteers, as follows:

And the Court does therefore sentence him, Private Dennis McCarty, Company B, 23d Illinois Volunteers, "To be shot to death, at such time and place as the Commanding General may designate; two-thirds of the same concurring."

II.-Before a General Court Martial, which convened at Fort McHenry, Baltimore, Maryland, January 26, 1863, pursuant to General Orders No. 4, dated Headquarters, Separate Brigade, Defences of Baltimore, Fort McHenry, Maryland, January 8, 1863, and of which Colonel P. A. Porter, 129th New York Volunteers, is President, was arraigned and tried

Captain Oliver Cotter, 5th New York Volunteer Artillery.

CHARGE I." Signing muster rolls containing false musters."

Specification 1st-"In this; that the said Captain Oliver Cotter, Company D, 5th Regiment New York Volunteer Arillery, New York Volunteers, in the service of the United States, did knowingly sign muster rolls containing the names of the following men, viz.: John Purcell, James Franklin, Matthew Brooks, James Smith, represented in said muster rolls as present at muster, who were not present. This at the following times and places, viz.: John Purcell, James Franklin, Matthew Brooks, and James Smith, at or near Fort Schuyler, Westchester county, State of New York, on or about the 30th day of April, 1862, also James Franklin and Matthew Brooks, at or near Fort Marshall, near Baltimore, Maryland, on or about the 30th day of June, 1862; also, James Franklin, at or near Fort Marshall, near Baltimore, Maryland, on or about the 31st day of August, 1862; other men who were not mustered into his company representing the aforesaid men at muster, and drawing the pay from the Paymaster.

Specification 2d-"In this; that he, the said Captain Oliver Cotter, company D, 5th Regiment Artillery, New York Volunteers in the service of the United States, did knowingly allow the following men, viz.: James Ryan, James Duff, Hugh Sharp, who were not mustered into the company, to represent and be mustered in the place and names of the following men, viz.: James Franklin, Matthew Brooks, James Smith, who were deserters from the company and regiment. This at or near Fort Schuyler, Westchester county, State of New York, on or about the 30th day of April, 1862."

CHARGE II.--" Knowingly making false returns of the strength of his company." Specification" In this; that he, the said Captain Oliver Cotter, company D, 5th regment Artillery, New York Volunteers, in the service of the United States, did knowingly sign and send to the Regimental Adjutant morning reports representing the company as having more men present for duty than were actually present. This at Fort Marshall, near Baltimore, Maryland, on or about the 16th day of November, 1862, and at many other times."

CHARGE III." Knowingly drawing rations for men not present in the company." Specification "In this; that the said Captain Oliver Cotter, company D, 5th regiment Artillery, New York Volunteers, in the service of the United States, did draw rations for men represented in his morning reports as being present, knowing that the said morning reports represented the strength of his company present as being more than it actually was. This at Fort Marshall, near Baltimore, Maryland, on or about the 10th day of November, 1862, and at many other times."

CHARGE IV.--"Securing for his own use confiscated property."

Specification 1st-"In this; that he, the said Captain Oliver Cotter, company D, 5th regiment Artillery, New York Volunteers, in the service of the United States, did, when detached to confiscate and secure certain goods, retain certain articles of the abovementioned confiscated goods for his own use, to wit: about three or four pairs men's brown cotton half hose; about three or four pairs women's white cotton hose; about two or three pairs ladies' French kid gloves; one piece blue ribbon, edged, about two and a half inches wide, twelve yards; one piece ribbon, (believed to be black, edged with white,) about one and a quarter inches wide, twelve yards; three or four dozen black silk boot or dress laces, square and round; a few dozen white spool cotton; a short length of printed flannel; a short length of fine Irish linen; a bag containing a suit of citizen's clothes, (quite new.) This at or near Colgate Creek, near Baltimore, Maryland, on or about the 17th day of November, 1862."

Specification 2d-"In this; that the said Captain Oliver Cotter, company D, 5th regiment Artillery, New York Volunteers, in the service of the United States, did dispose of, as gifts or otherwise, certain articles, to wit: One handkerchief, presented to Captain Emmons, 5th New York Artillery; one handkerchief, presented to Lieutenant G. S. Nellis; one handkerchief each to Charles Longley and John L. Nellis, and two pairs French kid gloves, and black silk boot or dress laces, which he had retained from certain goods which he had been detailed to confiscate and secure. This at or near Colgate Creek, and at or near Fort Marshall, near Baltimore, Maryland, on or about the 17th day of November, 1862."

CHARGE V.-" Procuring substitutes to pass the Medical Examiner of the United States for others unfit to pass."

Specification-"In this; that he, the said Captain Oliver Cotter, company D, 5th regiment Artillery, New York Volunteers, in the service of the United States, did procure certain persons to represent the descriptions of others, and had them pass the Medical Examiner of the United States for persons unfit from disability to pass, these latter individuals joining the company and regiment afterwards, and drawing pay as soldiers. This at New York city, on or about the following dates, viz.: John Miller, passed for Daniel Cooper, on or about February 7th, 1862; Frederick Stoltz, passed for John Riley, on or about February 5th, 1862; Charles H. White, passed for John Thompson, on or about February 13th, 1862; William Cooper, passed for William Shaw, on or about February 17th, 1862."

To which charges and specifications the accused, Captain Oliver Cotter, 5th New York Volunteer Artillery, pleaded, "Not Guilty."

FINDING.

The Court, having maturely considered the evidence adduced, finds the accused, Captain Oliver Cotter, 5th New York Volunteer Artillery, as follows:

And the Court does therefore sentence him, Captain Oliver Cotter, 5th New York Volunteer Artillery, "To be cashiered."

III. The proceedings of the Court in the case of Private Dennis McCarty, of com pany B, 23d Illinois Volunteers, have been submitted for the action of the President of