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And the Court does therefore sentence him, the said Captain Joseph A. James, 91st Regiment Illinois Volunteers, to be disruissed the service of the United States."
VIII. The proceedings, findings and sentence, under the original charges, in the case of Colonel J. Van Zandt, 91st Regiment New York Volunteers, are approved, but the execution of the sentence is sus led until the pleasure of the President can be known; and, for the reasons stated in the recommendation of the Court, it is respectfully suggested that it be commuted to a suspension from rank, pay and emoluments, for six months.
The finding under the additional charges are disapproved. The accused having been arraigned and tried under one Article of War--the 831--the Court cannot convict bim under the 99th, of “ conduct to the prejudice of good order and military discipline
The sentence in the case of Captain Terence Sheridan, 9th Regiment Connecticut Volunteers, is approved, and will be carried into execution.
In the cases of Private Joseph P. Lovering; Company G, Sth Regiment New Hampshire Volunteers, and Private Thomas Sullivan, Company F, 14th Regiment Maine Volunteers, the proceedings are approved; but, on the recommendation of the Corps Commander in the former case, and in view of the mitigating circumstances in the latter, it is respectfully recommended that the sentences be commuted to forfeiture of all pay and allowances, dishonorable discharge from the service, branding with the letter “D"on the right hip, and confinement for five years at hard labor at a Government fortification. The execution of the sentences is suspended until the pleasure of the President can be known, and they will be sent under guard to New Orleans, and turned over to the Provost Marshal General, Department of the Gulf, to be kept in confinement to await the result.
The proceedings and findings in the case of Private Robert Pruit, Company B, 91st Regiment Illinois Volunteers, are confirmed, although the Court erred in bringing in a sentence of death, under the charge, as it stands. The 99th Article of War is intended to apply to such offenses, “ not capital," as are not embraced in the other Articles of War. A capital offense should not, therefore, be tried under this article, a violation of which cannot be met by the infliction of a capital punishment. All such offenses should be tried under the specific article applicable to the
In this instance the charge should have been laid under the 9th Article of War.
A circular issued from these Headquarters, October 12th, 1863, directs that in all cases of capital crimes, evidence shall be introduced notwithstanding the accused plead guilty. This was not done.
The execution of the sentence in the case of Private Robert Pruit is suspended
until the pleasure of the President can be known; and it is respectfully recome mended that it be commuted to forfeiture of all pay and allowances, and confinement at hard labor at Fort Jefferson, Florida, for the term of one year.
The sentence in the case of John L. Quinilty is approved. He will be sent under guard to New Orleans and turned orer to the Prorost Varshal General, who is charged with the execution of the sentence.
In the case of Captain Joseph J. Ladd, Sth Regiment New Hainpshire Volunteers, the evidence is not of so conclusire a nature as to warrant the finding of the Court, which is therefore disapproved ; but he is recommended to the President for dismissal from the service, for speaking disrespectfully of his commanding officer.
The proceedings, findings and sentences in the cases of Second Lieutenant Henry S. Selden, Ist Regiment of Cavalry, Corps d'Afrique, Second Lieutenant Amasa P. Viles, 49th Regiment Indiana Volunteers, and Captain Joseph A. James 91st Regiment Illinois Volunteers, are approved. They cease from this day to be officers in the military service of the United States.
IX. The General Court Vartial, of which Brigadier General WILLIAM H. EMORY is President, is dissolved.
BY COMMAND OF MAJOR GENERAL BANKS :
G. NORMAN LIEBER,
Acling Assistant Adjulant General.
Acting Assistant Adjutant Genera!.
New Orleans, December 29, 1863.
Paragraph 2, of General Orders No. 244, Adjutant General's Office, Washington, D. C., July 28th, 1863, is republished for the information and guidance all Officers in this Department, to whom the same may apply :
“All Officers of the Volunteer General Staff will report monthly, by letter, to the Adjutant General of the Army. Their reports will state, if on duty, what the duty may be, and by whose order they were so placed on duty. If not on duty, for what cause, and by whose authority they were absent. This requirement concerns all General Officers, as well as Quartermasters, Assistant Adjutant Generals, Commissaries of Subsistence, Aides-de-Camp, &c.”
BY COMMAND OF MAJOR GENERAL BANKS :
G. NORMAN LIEBER,
Acting Assistant Adjutant General.
HEADQUARTERS, DEPARTMENT OF THE GULF,
New Orleans, December 30, 1863.
I. Before a General Court Martial, convened at Fort Jackson, Louisiana, pursuant to Special Orders Nos. 315, 316 and 317, of December 17, 18 and 19, and reconvened pursuant to Special Orders No. of December 30, current series. from these Headquarters, and of which Colonel F. S. RUTHERFORD, 97th Regiment Illinois Volunteers, is President, were arraigned and tried :
1. Musician Edward B. Smith, Company B, 4th Infantry, Corps d'Afrique.
FixdiG--"Guilty." And the Court does therefore sentence him “to be imprisoned at hard labor for one year on such permanent fortification as the Commanding General may direct.”
2. Private Frank Williams, Company I, 4th Infantry, Corps d'Afrique.
FixdixG---"Guilty.' And the Court does therefore sentence him, Frank Williams, private Company I, 4th Infantry, Corps d'Afrique, “ to be shot to death with musketry, at such time and place as the Commanding General may direct”---it appearing, upon the reconvening of the Court, that two-thirds of the members concurred therein.
3. Corporal Lewis Cidy, Company K, 4th Infantry, Corps d'Afrique.
CHARGE—“ Mutiny." PLEA---- Not Guilty.”
FindixG---"Guilty." And the Court does therefore sentence bim, Corporal Lewis Cady, K Company, 4th Infantry, Corps d'Afriqne, " to be imprisoned for the term of two years, at hard labor, on such permanent Government fortification as the Commanding General may direct, and to forfeit all pay and allowances, except for prison food and cloth