The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1822-01-02
MILITARY.

A Division Court Martial, of which Col.
David Lathe, of the 9TH Regiment, 1st Brigade,
and 9th Division, was President, was begun
and holden at the house Of Jacob March. inn
holder, in Sutton, on Tuesday, the 9th day of
November last, for the trial OF ANDREW SMITH,
Captain cf a company of Cavalry in the Regi-
ment of Cavalry, LIST Brigade, upon complaint
preferred against him by Sylvanus Livennore,
and other officers in commission In the Compa-
ny commanded by the said Capt. Smith, g for
unmilitary conduct and neglect of daty,'' as
set forth in the several specifications of charges
contained in said Complaint.
Specification 1St--substantially sets forth.
that one John Adams, I'd, duly enlisted SOL
der and member of said Company, having
been duly notified and warned to meet with
the Company aforesaid, at Oxford, On the 9th
day of September last, and also at Millbury, on
the second day of October last, both within the
limits Of said Regiment of Cavalry, (the Com
pany having been called together on those
several days for Company discipline and duty.)
unnecessarily neglected to appear with said
Company assembled as aforesaid; and the said
Capt. Smith, well knowing the premises and
the several neglects Of the said Ohm Adams. I'd.
to appear with the Company aforesaid, unlaw-
fully and corruptly agreed with the said John
Adams, Cd, and accepted and received of him
the sum of one dollar, in communication and sat-
lslaction of the fines and forfeitures imposed by
law for the several neglects of the said Adams,
as aforesaid. and thereupon, in consideration
thereof, excused the said John Adams his neg
lect, and discharged him from the fines and
torfeitures Incurred justly thereby.
Specification 9d-alleges, in substance, that
The said Capt. Smith, on the first Tuesday of
May last past, at Oxford, Git being the day Of
the annual review and inspection of arms and
then and there being commanding officer of
said Company of Cavalry, and having at the
place, and on the day aforesaid, command of
said Company, did then and there, in the pres
ence and view Of the officers and soldiers under
his command, and of divers citizens, become
intoxicated with liquor, and did quarrel with,
strike and fight one Thorlo Simpson, men,
Der OF said Company, in violation of the publick
peace, sc.
Specification 3d--states, in substance, that
the said Capt. Smith, at Millbury, in the Reg
Iment aforesaid, on the seventeenth day of
September last, by bis own order assembled
the Company under his command for Company
training, parade, and discipline and Sylvanus
Livermore, one of the complainants, then was
in commission duly qualified as Lieutenant in
said Company, and at the time aforesaid, and
long before, had resided in the town of Wor-
cester, within the limits of said Regiment, and
was entitled to notice yet the said Capt.
Smith, well knowing the premises, but UNI
mindful Of his duty, wilfully neglected to give
any notice to the said Lieut.. Livermore of the
meeting Of the Company aforesaid, or in any
wise to notify him to attend the same.
Specification 4h.--For that the said Capt.
Andrew Smith, at the meeting of the Compa-
ny under his command, as hast aforementioned,
neglected to parade and train said Company,
but dismissed his Company without forming
any parade on said day.
Specification 5th--alleges that the said Capt.
Smith has been, Cor twelve months last past,
destitute Of horse, according to the require
ments Of law.
The Court, having heard the evidence both
for and against the Respondent, and his de-
fence to the charges exhibited against him,
thereupon found the said Capt. Andrew Smith
guilty of the Sd and lth specification Of cRarg-
es for neglect Of duty In relation to the Cd
specification, no evidence was admitted the