Ouke University Libraries 
 
 General orders, 
 Conf Pam 12mo #743 no. 4 
 
f Head Qrs. Department North Carolina, 7 
 
 . ' January 22, 1864. , ) 
 
 GENERAL ORDERS, ^ 
 
 '^ No. 4. ) 
 
 I. At a General Court Martial convened at Weldon, North 
 Caroling,,, 'by virtue of Special Orders No. 7, Head Qrs. Dep't 
 N. C, wiBre arraigned and tried the following prisoners: The 
 specificcitions being lengthy and minute, are omitted in this 
 order. 
 
 12.— Private M. J. McSwain, Co. C, 35th Reg't N. C. T, 
 Charge 1st, - - Leaving his Regiment in face of the 
 
 enemy without permission. 
 Charge 2d, /- - - Positive disobedience of orders 
 
 i Finding. 
 
 Of tho specification of the 1st charge, - Guilty. 
 ^ Of the 1st charge, _ _ _ - Guilty. 
 
 »•} Sentence, 
 
 f And the court do tiierefore sentence the said M. J. McSwain, 
 a private com.pany 0, 35th N. C. Regiment, to be confined at 
 *hard labor for six (6) months in the penitentiary. 
 
 Finding, 
 Of the 1st specification of 2d charge, - Guilty 
 Of the 2d specification of 2d charge, - Guilty 
 Of the 3d specification of 2d charge, - Guiky ° 
 Of the 2d charge, _ - - - Guilty 
 
 ft • , ^ Sentence. 
 
 ^ And tl|e court do therefore, sentence the said M. J. McSwain, 
 private po. Q; 35th Reg't N. C. T., to carry a log weighing 
 fifty pounds, in the presence of his Reg't on parade, and to be 
 afterwards confined at hard labor in the penitentiary for six (6) 
 months, e?sclusive of ihe time specified in the foregoing sentence. 
 
 13. Private J. A. Poteet, Co. B, 35th Reg't N. C. Troop s 
 
 ^ Charge, ^ Desertion. 
 
 ^ ,. ^ Finding, 
 
 ^^ tke, specification, - - - ^ - Guilty 
 ' except as to the words until arrested 
 Orihe charge, \ - - - - - GuiUj ' 
 
Sentence: 
 
 And tiie court do therefore, sentence tliei said J. A. P'oteet, 
 Co. B, 35th Regt. N. C. Troops, to be confined for six nibnths at 
 hard labor in the Penitentiary. 
 
 14. — Private Josej^h H. Trafinstead, Co. H, 25th Regiment 
 N. C. Troops. 
 Charire, ----- Desertion. 
 
 Finding, 
 
 Of the specification, - - _ Guilty. 
 
 Of the charge, - - - - Guilty. 
 
 Sentence. 
 And the court do therefore, sentence the said Joseph H* 
 Trafinstead, private Co. H, 25th Pvegt. N. C. Troops, tw® thirds of 
 the members concurring therein, to be shot to death with 
 musketry. 
 
 15.— Private A. E. Cook, Co. K, 35th Regt. N. C. troops. 
 Charge, ___--_- Desertion. 
 
 Finding, 
 Of the specification, - - - - Guilty. 
 
 Of the charge, - - - - » Guilty. 
 
 Sentence. 
 And the court do therefore, sentence the said A. E. Cook, 
 private Co. K, 35th Regt. N. C. Troops, to be branded on the left 
 nip with the letter ^'D" two and a half inches in length, and to 
 be confined at hard labor for five months in the Penitentiary. 
 
 16.— Private Samuel Smith, Co. K, 35th Regt. N. C. Troops. 
 Charge, - - - - - - - Desertion. 
 
 Finding. 
 Of the specification, - - - Guilty. 
 
 Of the charge. - - - Guilty. 
 
 Sentence. 
 And the court do therefore, sentence the said Samuel Smith, 
 private Co. K, 35thReg't N. C. T., two thirds of the members of 
 the court concurring therein, to be shot to death with musketry. 
 17. — Private Levi Boughman, Co. K, 35th Regt. N. C. Troops. 
 Charge, - - - " . - - " Desertion. 
 
 Finding. 
 Of the specification, - - - Guilty. 
 
 Of the charge, - - - - Guilty. 
 
 Sentence. 
 And the court do therefore, sentence the said Levi Boughman 
 private Co. K, 35th Regt. N. C. T. to ^e confined for five monthr 
 at hard labor in the Penitentiary. 
 
18.— Private L. H. Erwin, Co. K, 35th Regt. N. C. Troops. 
 Charge, _ - - _ . Desertion 
 
 Finding. 
 
 Of the specification, - - Guilty. 
 
 Of the charge, - _ - Guilty. 
 
 Sentence. 
 
 And the court do therefore, sentence the said L. H. Erwin, 
 
 private Co. K, 35th Regt. N. C. Troops, to be confined for five 
 
 months at hard labor in the penitentiary. 
 
 19.— Private James B. Ussery, Co. B, 35th Eegt. N.C. Troops. 
 Charge, ----- Desertion. 
 
 Finding. 
 Of the specification, - - Guilty, except the word 
 
 " 28th September.^' 
 Of the charge, - - - - Guilty. 
 
 Sentence. 
 And the court do therefore, sentence the said James B. Ussery 
 private Co. B, 35th Regt. N. C Troops, to be confined at hard 
 labor for ^Ye months in the Penitentiary. 
 
 20.— Private Gideon S. Robinson, Co. E, 35th Regt. N. C. 
 Troops. 
 Charge, ------- Desertion. 
 
 Finding. 
 Of the specification, _ - - - Guilty. 
 
 Of the charge, - - _ - - Guilty. 
 
 Se7}tence. 
 And the court do therefore, sentence the said Gideon S. Rob- 
 inson, private Co. E, 35th Regt. N. C. Troops, to be confined at 
 hard laboJ for five months in the Penitentiary. 
 
 21. — Private Joseph H. Vaughn, Co. D, 25th Regiment N. 
 C. Troops. 
 Chi-irge, ----- Desertion, 
 
 Finding. 
 Of the specilication, _ _ - Guilty. 
 
 Of the charge, - - - - Guilty. 
 
 Sentence. 
 And the court do therefore, sentence the said Jos. H. Vaughn, 
 private Co. D, 25th Reg't N. C. Troops, two thirds of the mem- 
 bers concuriing therein, to be shot to death with musketry. 
 
 22.— Private Arbott Blalock, Co. E, 35th Re^t N. C. Troops. 
 Charge, ---_._. Dp<^ertIon. 
 
Fi.nili:nrf. 
 
 Of Lhe spcciiicatioii; . . _ _ Guilty 
 
 Of the charge, ----- Guilty 
 
 Sentence. 
 
 And the court do therefore, sentence the said Arbott Blalock, 
 
 private Co. E, 35th Kegt. N. 0. T., to be confined at hard labor 
 
 for five months in the penitentiary. 
 
 23.— Private John Jones, Co. E, 35th Eegt. N. C. Troops- 
 Charge, - - - . _ Desertion* 
 
 Finding. 
 Of the specification, _ _ _ _ Guilty. 
 
 except 'until apprefiended and brought back.' 
 Of the charge, - - „ _ _ Guilty. 
 
 Sentence. 
 And tlie court do therefore, sentence the said John Jones, 
 private Co. E, 35th Eegt. N. C. Troops, to be Ijranded on the left 
 hip with the letter "D" two and a half inches iu length, and to be 
 confined at hard labor for twelve months in the penitentiary. 
 
 24.— Private Zimri Costnir, Co. H, 49th Reg't N. C. Troops, 
 Charge, - - _ _ _ Desertion. 
 
 Finding. 
 Of 1st s})ecification, - _ _ _ Guilty, 
 
 except the words 'brought back;' but the 
 specification being covered by the Pres- 
 ident's proclamation, the court award no 
 punishment. 
 
 Guilty, 
 except the words '28th Feb'y ;' but the 
 specification Vicing covered by the Pres- 
 ident's proclamation, the court award no 
 punishment. 
 Of 3d specification, - - _ - Guilty 
 
 Of the cliarge, . - . - - - Guilty 
 
 Scrdence. 
 And the court do therefore, sentence the said Zimri Costnir, 
 private Co. H, 49th Reg't K C. T., two thirds of the members 
 of the court concurring therein, to be sliot to death with, mus- 
 ketry. 
 
 25— Private Wm. A. Jarretl, Co. P>, 35th Reg't N. C. 
 Troops. 
 Charjre. - _ - Absence witliout leave. 
 
Finding, 
 Of the specification, . _ _ « Guilty. 
 Of the charge, ----- Guilty. 
 
 Sentence. 
 And the court do therefore, sentence the said William A. 
 Jarrett, private Co. B, 35th Eegt. N. T, to canjra log weigh- 
 ing fifty (50) pounds two liours each day, for six consecutive 
 days, and to be kept under guard during the time stated. — 
 And the court is thus lenient on account of the previous good 
 character of the prisoner. 
 
 26— Private W. P. Sharp, Co. E, 49th Keg't N. C. Troops. 
 Charge, - _ _ - _ Desertion. 
 
 Finding. 
 Of the specification, - _ - - Guilty. 
 
 Of the charge, Guilty, 
 
 Sentence. 
 And the court do therefore, sentence the said W. P. Sharp, 
 private Co. E, 49th Regt. N. C. T., to be confined for five (5) 
 months at hard labor in the penitentiary. 
 
 27.— 1st Lieut. Giles Bowers, Co. C, 49th Regt. N. C. Troops. 
 Charge, - - Violation of the 77th Article of War. 
 
 Finding. 
 Of the 1st specification, - - - Guilty 
 
 Of the 2d specification, - - - Guilty 
 
 Of the charge, Guilty 
 
 Sentence. 
 And the court do therefore, sentence the said Lieutenant Giles 
 Bowers, Co. C, 49th N. C. Regiment, to be cashiered. 
 
 28.— Private Saml Prewit, Co. K, 35th Regt., N. C. Troops. 
 Charge, ----- Desertion. 
 
 Finding. 
 Of the specification, - - - _ Guilty. 
 
 Of the charge, Guilty. 
 
 Sentence. 
 But the court award no punishment against Samuel Prewit, 
 private Co. K, 35th Regt. N. C. Troops, his case being covered 
 according to the testimony, by the President's proclamation. 
 
 29.— Private L. R. Alexander, Co. E, 10th Ga. Batt. Infty. 
 Charge, ----- Desertion. 
 
 Finding. 
 Of the specification, - - - - Guilty. 
 
 except the words ^until he was arrested 
 by the enrolling officer.' 
 
Of the charge, . - - _ Not Guilty, 
 
 but Guilty of Absence without Leave. 
 &ntence. 
 And the court do therefore, sentence the said L. E. Alexan- 
 der, private Co. E, lOth Ga. Battalion, to wear a ball weighing 
 twelve pounds attached to the left leg by a chain three feet in 
 length, for three months, and to be confined during the time at 
 hard labor. 
 
 30.— Private Daniel H. Holmes, Co. G, 10th Regt. (Art.) 
 N. C. Troops. 
 
 Charge, ----- Pesertion. 
 
 Finding. 
 Of the specification, - - r - Guilty. 
 Of the charge, - - - - - Guilty. 
 Sentence. 
 And the court do therefore, sentence the said D. H. Holmes, 
 private Co. G, 10th Regt. (Art.) N. C. Troops, two thirds of 
 the members concurring therein, to be shot to death with mus- 
 ketry. 
 
 31.— Private Edward Littleton, Co. G, 10th Eegt. (Art.) 
 K C. Troops. 
 
 Charge, - , _ _ - Desertion. 
 
 Finding. 
 
 Of the specification, - - - ^ Guilty. 
 
 Of the charge, - - ' - - - Guilty. 
 
 Sentence. 
 And the court do therefore, sentence the said Edward Little- 
 ton, private Co. G, 10th Regt. (Art.) N. C. Troops, two thirds 
 of the members concurring therein, to be shot to death with 
 musketry. 
 
 32.— Private William M. Willis, Co. G, 10th Regt. (Art.) 
 :N. C. Troops. 
 
 Charge, _ - - - - Desertion. 
 
 Finding 
 
 Of the specification, - _ - -. Guilty. 
 
 Of the charge, - - - - r Guilty. 
 
 Sentence. 
 
 And the court do therefore, sentence the said William M 
 
 Willis, private Co. G, 10th Reg't (Artillery) N C Troops, two 
 
 thirds of the members concurring therein, to be shot to death 
 
 with musketry. 
 
33.— Private James M Pipkins, Oo. G, 10th Reg't (Artillery) 
 N. C. Troops. 
 
 Charge, - _ _ _ _ Desertion 
 
 Finding. 
 Of the specification, _ _ _ _ G-uilty 
 Of the charge, ----- Guilty 
 Scntevce 
 And tlie court do therefore, sentence the said Jamef M. 
 Pipkins, private Co. G, 10th Beg't (Artillery), N. C. Troops, two 
 thirds of the members concurring therein, to be shot to death 
 with musketry. 
 
 34— Private Sileo Hollowav, Co. G, 10th Reg't (Artillery) 
 K. C. Troops. 
 
 Charge, ----- Desertion 
 
 Finding. 
 Of the specification, - - - - Guilty 
 Of the charge, ----- Guilty 
 
 Sentence. 
 And the court do therefore, sentence the said Siles Holloway, 
 private Co. G, 10th Rog't N. C. Troops, (Artillery), two thirds 
 of the members concurring therein, to be shot to death with 
 musketry. 
 
 35.— Private Joseph Hudson, Co. H, 10th Reg't (Artillery) 
 N. C. Troops. 
 
 Charge, - _ - - - Desertion 
 
 Finding 
 
 Of the specification, ^ _ - - Guilty 
 
 Of the charge, _ - - - - Guilty 
 
 Sentence 
 
 And the court do therefore, sentence che said Joseph Hudson, 
 
 private Co. H, 10th Reg't N. G. Troops, (Artillery), two thirds 
 
 of the members of the court concurring therein, to be shot to 
 
 death with musketry. 
 
 36.— Private John Dobbins, Co. H, 10th Reg't (Artillery) 
 N. C. Troops. 
 
 Charge, - - - - - • Desertion 
 
 Finding. ^ 
 
 Of the specification, - _ _ - Guilty 
 Of the charge, --..-- Guilty 
 Sentence. 
 And the court do therefore, sentence the said John Dobbins, 
 
8 
 
 private Co. IT, lOtli Pvcg't (Artillery) N. C. Troops, two thirds 
 of the members concurriDg therein, to be shot to death with 
 musketry. 
 
 37.__Private Wm. Long, Co. H, lOth Reg't (Artillery) N C. 
 Troops. 
 
 Charge, ----- Desertion. 
 
 m Finding. 
 
 Of the specification, . _ . - Guilty 
 
 Of the charge, Guilty 
 
 Sentence. 
 And the court do therefore, sentence the said Wra. Long, 
 private Co. H, 10th Reg't (Artillery) N. C. Troops, two thirds 
 of the members concurring therein, to be shot to death with 
 musketry. 
 
 38.— Private Joseph C. Doub, Co. H, 10th Reg't (Artillery) 
 N. Or Troops. 
 
 Charge, ----- Desertion. 
 
 Finding, 
 
 Of the specification, - - - - Guilty 
 
 Of the charge, ----- Guilty 
 
 Sentence. 
 
 And the court do therefore, sentence the said Joseph C. 
 
 Doub, private Co. H, 10th RegH (Artillery) N. C. Troops,two 
 
 thirds of the members concurring therein, to be shot to death 
 
 with musketry. 
 
 39.— Private Anderson Shores, Co. H, 10th Reg't (Artillery) 
 N. C. Troops. 
 
 Charge, ----- D|sertion. 
 
 * Finding, 
 
 Of the specification, . - - - Guilty 
 
 Of the charge, - - - - - Guihy 
 
 Sentence. 
 And the court do therefore, sentence the Said Anderson 
 Shores, private Co. H, 10th Reg't (Artillery) N. C. Troops, 
 two thirds of the members concurring therein, to be shot to 
 death with musketry. 
 
 40.— Private Samuel Hammond, Co. H, 10th Reg't (Art.) 
 N. a Troops. 
 
 Charge, ----- Desertion. 
 
 Finding. 
 Of the specification, - - - - Guilty. 
 Of the charge, ----- Guilty. 
 
Sentence. 
 And the court do tht^refore, seatence the said Samuel Ham- 
 Ttiond, private Co. H, 10th Reg't (Artillery) N. 0. Troops, two 
 thirds of the members concurring therein, to be shot to death 
 with musketry. 
 
 41.— Private Arthur Dennis, Co. E, 10th Reg't (Artillery,) 
 N. C. Troops. 
 
 Charge, ..... Desertion 
 
 and subsequent connection with the IT. S. Army. 
 
 Finding, 
 Of the specification, .... Guilty 
 
 Of the charge, - - - - - Guilty 
 
 Sentence. 
 And the court do therefore, sentence the said Arthur Dennis, 
 private Co. E, 10th Rcg't (Artillery,) N. C. Troops, to be con- 
 fined at hard labor for three months in the Government work 
 ahop at Salisbury, N. C, with a ball weighing twelve pounds 
 attached by a chain three feet in length to the left ankle. And 
 the court is thus lenient in consideration of the fact of the 
 prisoner's voluntarily returning to re-enter the Confederate ser- 
 vice, and dissolving his connection with the army of the United 
 States. 
 
 42. — Private Duncan Mclnnis, Co. D, 49th Regiment N. Cl 
 Troops. 
 Charge, - ... - Desertion 
 
 Finding, 
 Of the specification, - . - - Guilty 
 Of the charge, - - - - Not Guilty,. 
 
 but guilty of absence without leave. 
 
 Sentence. 
 And the court do therefore, sentence the said Duncan Mclnnis, 
 private Co. D, 49th Reg't N.C. Troops, to be confined for three 
 months at hard labor in the Government work shop at Salisbury, 
 N. C, with a ball weighing twelve pounds attached by Or chain 
 three feet in length to the left ankle. 
 
 48.— Private W. L. Reese, Co. F, 25th Reg't N. C. TroopB. 
 Charge 1st, - - - - - Desertion 
 
 Charge 2d, -^ - Gonduct prejudicial to good order 
 
 and military discipline* 
 Charge Sd, - - - - - Murder. 
 
10 
 
 'binding. 
 
 Of Ist specification 1st charge, - - Guilty 
 
 Of 2d specificatioD 1st charge, - - Guilty 
 
 Of 1st charge, Guilty 
 
 Of 1st specification 2d charge, - - Guilty 
 
 Of 2d charge, Guilty 
 
 Of specification 3d charge, - - - Guilty 
 Of 3d charge, ----- Guilty 
 
 Sentence. 
 And the court do therefore, sentence the said "W. L. Reese, 
 private Go. F, 25th Keg't N.C. Troops, two thirds of the members 
 concurring therein, to be shot to death with musketry. And 
 the court in awarding this punishment is not influenced by the 
 1st and 2d specifications of charge Ist, except so far as they are 
 evidence of character, that charge being covered by the Presi- 
 dent's proclamation. 
 
 II. With the exceptions hereinafter indicated, the proceed- 
 ings, findings and sentences in the foregoing cases are approved 
 and will be duly carried into execution. 
 
 In the case of private Samuel Prewit, Co K, 35th Regiment 
 N C Troops, it clearly comiug under the proclamation of the 
 President, and the court therefore awarding no punishment, he 
 will be returned to duty with his company. 
 
 In the cases of privates Joseph U Trafinstead, Co H, 25th 
 Reg't N C Troops, Joseph H Vaughn, Co D, 25th Regiment 
 N G Troops, William L Reese, Co F, 25th Reg^t N C Troops, 
 Samuel Smith, Co K, 35th Reg't N C Troops, Zimri Costner, 
 Co H, 49th Reg't N C Troops, Daniel H Holmes, William M 
 Willis and James M Pipkins, of Co G, 10th Reg't (Artillery) 
 N C Troops, Joseph Hudson, John Dobbins, William Long, 
 Joseph C Doub and Anderson Shores, of Co H, 10th Reg't 
 (Artillery) N C Troops, the sentence of death is approved and 
 will be duly executed in the presence of their Brigade, (or Reg- 
 iment, if the Regiment is at the time on detached duty), and by 
 direction of their Brigade Commander in ^ve (5) days after thy 
 publication of their sentences to their Regiments. 
 
 In the cases of privates Edward Littleton, Co G, 10th Reg't 
 (Artillery) N. Troops, Silas Holloway, Co G, 10th Regiment 
 (^ Artillery j N C Troops, and Samuel Hammond, Co H, 10th 
 Reg't {^Artilleryj N C Troops, in consequence of the unani- 
 mous recommendation ot the court their sentences are remitted 
 
11 
 
 and they will be returned to duty at once with their Regiments, 
 
 In the cases of privates M J McSwain, Co 0, 37th Regiment 
 N C Troops, J A Poteetand James B ^ssery, Co B, 35ih Reg't 
 N C Troops, A E Cook, Levi Boughman, and L H Erwin, Co 
 K, 35th RegHN'C Troops, Gideon J Robinson, Arbott Blalock 
 diid John Jones, Co E, 35th Reg't N C Troops, and W P 
 'Bbarp, Co E, 49lh Beg't N C Troops, their Brigade Command- 
 er will at once make the proper arrangements for having them 
 received at the Penitentiary and send them there. In the cases 
 of privates A E Cook, Co K, 35th Reg't N C Troops, and 
 John Jones, Co E, 35th Reg't N C Troops, that part of the 
 sentence which requires them to be branded will be executed in 
 the presence of their Regiment before they are sent to the Peni- 
 tentiary. 
 
 In the cases of privates Arthur Dennis, Co E, 10th Reg't 
 ("Artilleryj N C Troops, and Duncan Mclnnis, Co D, 49th 
 Reg't N C Troops, as soon as the balls and chains can be pro- 
 cured they will be sent to the commanding officer, at Salisbury, 
 for the further execution of their sentences. 
 
 In the case of Lieut. Giles Bowers, in consideration of the 
 recommendation of the court his sentence is remitted and he 
 will resume his sword. 
 
 In the cases of privates J A Poteet and James B Ussery, of 
 Co B, 35th Reg't JST C Troops, Levi Boughman and L H Er- 
 win, of Co K, 35th Reg't N C Troops, Gideon J Robinson, and 
 Arbott Blalock, of Co E, 35th Reg't N C Troop?, and W P 
 Sharp, ot Co E, 49th Reg't N C Troops, although the senten* 
 ces have been approved, the General commanding does not think 
 the punishment awarded is adequate to the offence. 
 By order 
 
 Maj. Gen. PICKETT. 
 
 W. Stuart jSymingtox, 
 A. I). G. 
 
L 
 
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Hollinger Corp. 
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