Duke University Libraries 
 
 General orders, 
 Conf Pam 12mo #852 
 

 IIEIDOUARTERS DEPARTIIE^ OF WESTER^^ VIRGINIA. 
 
 GENERAL ORDERS, ) ' 
 
 No. 43. / DuBLm, Sept. 29, 1863. 
 
 Before a General Court Martial, convened in accordance with 
 special Orders No. 198, from these Headquarters, at Lewisburg, 
 Greenbrier county, Va., August 14th, 181^3, were arraigned and 
 tried : 
 
 I. Private Spencer Goad, Co. I, 45th Va. Regiment. 
 Charge. Disobedience of Ordoi's. 
 
 FINDING AND SEIfTENCE OF THE COURT. 
 
 After mature deliberation, the Court find the accused, private 
 Spencer Goad, co. I, 45th Va. Regiment, as follows ; ^ 
 
 Of the specification, _N'ot guilty. 
 
 Of the Charge, • ^ Not guilty. • 
 
 And the Court do therefore acquit the said Spencer Goad, pri- 
 vate CO. I, 45th Va. Regiment. 
 
 The above findings are on account of the discrepancy between the 
 date of the offense, a3 set forth in» the specification, and the date 
 stated in the evidence. 
 
 IL Lt. Chas. BaumgarbneRj co. B, 45th Va. Regiment. 
 Charge. Disobedience of orders. 
 
 FINDING AND SENTENCE OF THE COURT. 
 
 After mature deliberation, the Court find the accused Lt. Cha«; 
 Baumgardner, co. B, 45th Va. Regiment, as follows i 
 
 Of the specification, . Notguilty^ 
 
 Of the charger Not guilty* 
 
• And the Court do therefore honorably acquit Lt. Chas. Baum- 
 gardner, co. B, 45th Va.^Rcgiment. 
 
 III. Lt. James Buciiannan, co. B, 45th Va.* Regiment. 
 Charge 1st. Not using his utmost endeavors to suppress a mu- 
 tiny or sedition. 
 Charge 2nd. Not giving information of a mutiny or sedition to 
 
 .his commanding officer. 
 Charge 3rd. Conduct subversive of good order and military 
 discipline. 
 
 FINDING AND SENTENCE OF THE COURT. 
 
 xifter mature deliberation the Court find the accused Lt. James 
 Buchannaii, cu. B, 45th Va'. Regiment, as follows : 
 
 Of specification, 1st charge, Guilty. 
 
 Of 1st charge, . Guilty. 
 
 Of specification, 2nd charge, ' Guilty. 
 
 Of 2nd charge, .• . ' . Guilty. 
 
 Of specification, 3d charge, Guilty. 
 
 Of 3rd charge, . Guilty. 
 
 And the Court do therefore sentence him, the said Lt. James 
 Buchannan, co. B, 45th Va. Regiment, " to be publicly reprimand- 
 ed by his Commanding> officer at dress parade, and to be suspended 
 from command and confined to camp for the period of one month." 
 The Court was thus lenient, because of the fact that the prisoner 
 did make efforts to suppress the mutiny, though in not arresting the 
 persons engaged in -it, he did nbt do his utmost to suppress it. 
 
 IV. Private. H. H. Williams, co. E, 45th Va. Regiment. 
 Charge. Sleeping on post. 
 
 FINDIN(f AND SENTENCE OF THE COURT. 
 ATter mature deliberation the Court find the accused, private H. 
 H.- Williams, co. E, 45th Va. Regiment, as" follows: 
 
 of the specificatioD, Guilty, 
 
 Of Ijhe Charge, Guilty. 
 
And do therefore sentence the accused, H. H. Williams, private 
 CO. E, 4oth Regiment, " to hard labor, with ball and chain, for the 
 period of twelve months. 
 
 V. Private Lewis A. Lark, co. G, 23d Batt. Va. Vols. 
 Charge. Desertion. 
 
 FINDING AND SENTENCE OF THE COURT. 
 
 After mature deliberation, the Court fiifd the accused, private 
 Lewfs A. Lark, co. G, 20d Va. Battalion, as follows : • 
 
 Of the specification, Not guilty. 
 
 Of the Charge, - Not guilty. 
 
 But guilty of absence without leave. 
 
 And do therefore sentence tlie accused, private Lewis A. Lark, 
 CO. G, 23d Va. Battalion, " that he walk a beat, under guard, for 
 ten consecutive days, Sundays excepted,. from nine until twelve, and 
 from two until five each day. And during the time his Captain is 
 to read and explain to him the Articles of War. 
 
 The Court has been thus lenient to the prisoner on account of 
 his being a new recruit, and never having the Articles of War read 
 to him. , 
 
 VI. Private Freeling Siphers, co C, 23d Va. Battalion. • 
 Charge. Desertion. 
 
 FINDING AND SENTENCE OF THE COURT. 
 
 After mature deliberation, the. Court find the accused, private 
 Freeling Siphers, co. C, 23d Va. Battalion; as follows : 
 
 Of the specification. Not guilty. 
 
 Of the charge, • Not guilty. 
 
 But guilty of absence without leave for the time specified. 
 
 And the Court do tlierefore sentence the accused, Freeling Si- 
 phers, CO. C, 23d Va. Battalion, as follows : 
 
 Stoppage of pay for the length of time he was absent, and soli- 
 tary confinement in the dungeon of the "Lewisburg Jail, for four- 
 teen days, and to be fed on bread and water during that time. — 
 After which, he will return to his Company, be caused to be march- 
 
ed in front of the lines of dress parade, with the words " straggler," 
 in large letters on his back. 
 
 VII. Private Hiram Thompson, co. I, 45th Va. Regiment. 
 Charge. Desertion. , 
 
 FINDING AND SENTENCE OF THE COURT. 
 
 After mature deliberation the Court find the accused, private 
 H. Thompson, co. I, 45^11 Va. Regiment as follows: 
 
 Of the specification, Guilty. 
 
 Of the charge, * Guilty. 
 
 And the Court do therefore sentence the accused, Hiram Thomp- 
 son, private co. I, 45th Va. Regiment, 'Ho confinement at hard la- 
 bor, with ball and chain, for twelve^months." 
 
 VIII. Private Daniel Shrewsbury, co. G, 23d Va. Battalion. 
 Charge, Desertion. 
 
 FINDING AND SENTENCE OF THE COURT. 
 
 After mature deliberation, the Couvt find the accused, private 
 Daniel Shrewsbury, co G, 23d Battalion, Va. Vol's : 
 . Of the specification, Not guilty. * 
 
 Of the charge, • Not guilty. 
 
 . But guilty of absence without leave under the circumstances set 
 forth in the specification. 
 
 And the Court do therefore sentence the accused, private Dan- 
 iel Shrewsbury, co. G, 23d Va. Battalion, " to cut a cord of wood 
 every day for fourteen (14) successive days, (Sundays excepted,) 
 and that he be kept under guard during that period, and that he 
 afterwards be confined to the limits of Camp for three (3) months. 
 
 IX. Capt. C. B. Duncan, A. Q. M., Acting with 87th Batt. Va. 
 
 Cavalry. 
 Charge 1st. Disobedience of orders. 
 
 Charge 2nd. Conduct to the prejudice of good order and milita- 
 ry discipline. 
 After mature deliberation, the Court find the accused, Capt. C. 
 B. Duncan, A. Q. M., Acting with the 37th Batt. Va. Cavalry, as 
 follows: 
 
Of the 1st specification of 1st charge, Guilty. 
 
 Of the 1st charge, Guilty. 
 
 Of the specification of 2nd charge, Not guilty. 
 
 .Of the 2ikI charge, Not guilty. 
 
 Although the Court find the accused, Capt. C. B. Duncan, A. 
 Q. M., 37th Battalion Va. Cavalry, guilty of the first charge and 
 specification, it is nevertheless unanimously of the opinion that the 
 ' accused, not being duly certified to, ought to have*been ordered to 
 be paid, and that Capt. Duncan, A. Q. M., showed no disposition to 
 disobey any legal order of his Commanding Officer. 
 
 And the Court do therefore honorably acquit the said Capt. C. 
 B. Duncan, A. Q. M., of :37th Batt. Va. Cavalry. 
 
 X. Private Wade H. Duncan, co. H, 23d Batt. Va. Vols. 
 
 Charge 1st. Desertion. 
 
 Charge 2nd. Persuading another soldier to desert. 
 
 FINDING AND SENTENCE OF THE COURT. 
 
 After mature deliberation, the Court find the accused, private 
 W. H. Duncan, co. H, 23dBatt. Va, Vols.,' as follows: 
 
 Of the specification of the 1st charge, Guilty. 
 
 Of the 1st charge. Guilty. 
 
 Of the specification of the 2nd charge. Not guilty. 
 
 Of the 2nd charge, Not guilty. 
 
 And the Court jlo therefore sentence the said Private Wade H. 
 Duncan, co. H, 23d Va. Battallion, "to be confined to hard labor 
 for two months, -with ball and chain, and to forfeit two months pay." 
 
 The Court has been thu=? lenient in the case of private Duncan, 
 because of the imperfect understanding which his Company Com- 
 mander seems to have had of the circumstances and term of his en- 
 listment, and further, because the application which he made for a 
 discharge on the 1st of September, 1863, was not considered or 
 forwarded by either his Company or Battalion Commander. 
 
 XI. Private G. W. Meador, co. G. 23d Va. Batt. Infantry. 
 Charge. Desertion. 
 
6 
 
 FINDING AND SENTENCE OF THE COURT. 
 
 After mature deliberation, the Court find the accused, private 
 Gr. W; Meador, co. Q^ 23d Va. Batt. Infantry, as follows : 
 
 Of the specification of the charge, N(jt guilty. ^ 
 
 Of the charge, Not guilty. 
 
 But guilty of absence without leave, under the circumstances set 
 forth in the specification. 
 
 And do therefore sentence him, the said private G. W. Meador, 
 CO. G, 23d Ya. Batt. Infantry : " to suffer solitary confinement in 
 the dungeon of the Lewisburg Jail, for two periods of ten days each, 
 with an interval of ten days between tlie periods of co'nfincment, 
 during which interval -he" will be confined to the Jail of Lewisburg, 
 with his usual rations." 
 
 XII. Private N. M. Neeley, co. B, 23d Va. Battalion. 
 
 Charge. Desertion. 
 
 « 
 
 FINDING AND SENTENCE OF THE COURT. 
 
 After mature deliberation, the Court find the accused, Private 
 N. M. Neeley, co. B, 23d Va. Battalion, as follows : 
 
 Of the specification of the charge, Not guilty. 
 
 Of the charge, Not guilty. 
 
 But guilty of absence without leave, under the circumstances set 
 fortli in the specification. 
 
 And the Court do therefore sentence the accused, N. M. Neely, 
 CO. B 23d Va. Battalion Infantry :• "to cut a cord of woVl every 
 day for ten successive days, Sundays excepted, and that he be kept 
 under guard duri:ig that period." 
 
 XIII. Lt. Col. A. C. Dunn, 37th Battalion Va. Cavalry. 
 Charge. Disobedience of orders. 
 
 FINDING AND SENTENCE OF THE COURT. 
 After mature deliberation the Court find the accused, Lt. Col. 
 A. C. Dunn, 37th Batt. Va. Cavalry, as follows : 
 
 Of the 1st specification of the charge, Not guilty. 
 
 Of the 2nd specification of the charge, Not guilty. 
 
Of the cKarge, Not guiUy. 
 
 In rendering this verdict the Court expresses the opinion that in 
 as much as Lt. Goh Dunn, and his officers, supposed the first 
 artillery firing to be several miles distant from Beverly, and 
 not in the attack which it Avas proposed to make in fronr,'Lt. 
 Col. Dunn's failure at that time to make a vigorous attack in rear of 
 Beverly, is not considered by the Court a disobedience of orders. 
 Therefore, Lt. Col. A. C. Dunn, is hereby honorably acquitted of 
 the charge of disobedience of orders. ^ 
 
 XIV. Private JoEN S. Potter, co.-C, 22nd Ya. Regiment. 
 •• Charge. Desertion. 
 
 FINDING AND SENTENCE -OF THE COURT. 
 
 After mature deliberation, the Court find the accused, private 
 John S. Potter,. CO. C, 22nd Ya. Regiment, as' follows: 
 
 Of the specification of the charge. Guilty. 
 
 Of the charge, . Guilty. 
 
 And the Court do therefore sentence the said John S. Potter, 
 private co. C, 22d Ya. Regiment, ''to be shot to death by mus- 
 ketry." 
 
 II. The proceedings, findings and sentences in the cases of Lt. 
 Chas. Saumgai^lner, co B, 45th Ya. Regiment, Capt. C. B. Dun- 
 can, A. Q. M., 3Tth Ya. Battalion, and Lt. Coh A. C. Dunn, of 
 the same Battalion are confirmed and the above named officers are 
 released from arrest an'd will be retuAed to duty. 
 
 The proceedings, findings and sentences, in the cases of Lt. Jas. 
 Buchanan, co B, 45th Ya. Regiment, and. privates H. H. Williams," 
 Xjo. E, and Hiram Thompson, co. I, same Regiment and of privates, 
 L. H. Lark and JDaniel Shrewsbury and G. W- Meador, of co. G. 
 and Freeling Siphers, co. 0,, Wade H. Duncan, co. H, and N. M. 
 Neeley, co. B, 23d Ya. Battalion, are approved, and will be carried 
 into cfi'ect under the direction of their respective Regimental and 
 Battalion Commanders. 
 
 In the case of private Spen«er Goad, co. I, 45th" Ya. Regiment, 
 the charge is laid on the 13th of August, and the proof shows the 
 
offeiiee to have been committed the previous day. The substance 
 of the offense was the disobeying a positive order of a superior offi- 
 cer. The offense was proven and the variation of time was not suffi- 
 cient under the proof to justify an acquittaL The finding of the 
 Court is therefore disapproved. Private Goad will be released 
 from arrest and returned to duty. 
 
 Upon the recommendation of the Court, and in consideration of 
 the fact that he received assurances of immunity from punishment, 
 if he* returned to duty, from his Brigade Commander ; the proceed- 
 ings and findings of the Court are approved ; but the sentence is 
 remitted, and private Jno. S. Potter, co. C, 22nd Va. Regiment, is 
 released from arrest and wall be returnd to duty. 
 
 This case must not be regarded as a precedent for similar action 
 in the future. Brigade Commanders have no authority to give 
 such assurances, which hereafter will be totally disregarded. 
 
 The General Court Martial, whereof Col. Wm. H. Brown, is 
 President, is hereby dissolved. 
 
 By order of 
 
 MAJ: gen. SAM. JONES, 
 Chas. S. Stringpellow, 
 
 Ass't Adj't General. 
 
Hollinger Corp. 
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