Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1828-03-27

accused had IL his possession a bost; that the
commander 81 the boa; slsied that he was order.
ed at e. corn; that the boat was not restored
but an order was given by Capt. Roberts for
the soldiers Ego on board and proceed to Mo.
bile.
Lieut.. II Moore, witness in behalf Of the
prosecution, being sworn, states: That on the
9Th Dec. he received an order from Gen. Tay.
Tor to procure water transportation for the bag
gage of Col. Perkins regiment. Boats we're
accordingly provided; after which. boat be.
Longing to the Qusrtermaster Generals De-
partment, at Camp Boa, Yard, was pressed BY
order Of the accused, although an ORDER had
been issued by the General 10 the contrary !;
and that il would not be gwen up, even wers
he 10 appear in person. That. st Fort Stod.
dart, on the 18th December, he understood an
order had been given by the sccused TO bis
command, to collect all the boats 10 be furld.
After one was taken possession of, II was claim.
cd by citizen, and given up.
Sergeant Adam Poole, witness in behalf of
the defendant, being sworn, states: That a boat
in the possession OF Captain Roberts command,
at Fort Stoddsrd, between the 18th Sept. and
18th Dec, 1914, was claimed by a citizen, ard
tue accused said he would give him a receipt
or her at Mobile, or somewhere down the riv.
err; that an order came from Gen. Taylor, con.
corning boat at Camp Boat Yard, belonging
to the Quariermasier Generals Department,
when some person observed that the order was
incorrect. a. the boat had been taken before,
as he understood by some other person, and
not Capt. Roberts.
George Graham, a witness in behalf of the
defendant, being sworn, states: That he never
knew the accused guilty Of repeated intoxcs.
ton; that he once saw him in that state, and
believesl was the day he left the BOA, Yard;
that boat, OF whifh Everie was captain, was
take possession Of at the Boat Yard. either by
the order ofthe accused. or the Regimental
Quar;ermaster, and the baggage put on board
Of Der, while the owner. or commander, was
absent at Fort Montgomery; it was detained
there until an order was brought from the Ge-
neral, (wlthout any dste) directing the boat 10
be given up to the owner; when the Regimen
tai Quartermsster asked the accused what he in.
tended doing, when he ordered the men on
board to put Oft, and afterwards said he would
be pretty fool to obey order without any
date; and further states. that he believes the
accused had returned from Fort Montgomery
before the baggage was placed on board the
boat.
Isaac N. Selser, witness in behalf of the
defendant, being sworn, states: That he has
seen the accused, more than once, unusually
merry, which he believed to be the effect of
intoxication, some time between the 18th Sep
beard the accused ask the Regimsntal Quarter.
master TO press more boats to transport the
troops, as well rs baggage; to which the Quar-
termaster replied, that he had already pressed
q sufficient number for the transportation of the
baggage, and, il any more were taken, il would
be at his own risk and responsibility.
Question ny tue accused. Was il not TO press
boats to transport the troups 10 old Fort Stod-
dart. when this answer made me by the
Reginental Qusrtermsstcr'
Answer do not recoIect.
Captain Roberts states in his defence. that he
supposed drinking TO be merry was not amss;
but, being apprehensive it might be consider
ed so, discontinued the practice. That he took
boat, agreeablyt TO the verbal order of Gen
Taylor, from the Boat Yard, to transport the
troops to Fort Stoddart, as the cut off was then
considered impossible. and returned them q.
gam, of which the Quartermaster Generals
boat was not one. That Quartermsster Moore
ordered to furnish water transportation
for the baggage of Col Perkins regiment He
directed the Quartermsster, Moore to press.
legally. the Qnartermasier Generals boats, and
he informed him he had done so; from which
he was induced to believe no further difficulty
would arise As respects the little boat at Foyt
Stoddsrt, she woulG not have been taken. had
he not been informed that they we're drifted
boats, and belonged to no person in the vicinity
ofthat place. But, after 1t was claimed by
citizen, who said he was the proper owner, it
was given up to him
The Court, after due consideration, find the
accused guilty ofthe frs, and second charges,
first specification OF the first charge, first OF the
second charge, but not guilty of the second
specification of the first charge; and sentence
him to be dismissed the army Of the U. States
The Court, having been qualified in presence
OF the prisoner, who being previously asked if
ne had any objection to any of the Court and
having answered negatively, proceeded to the
trial of John Bourke, citizen; and no prose.
cutor. or charges, appearing against the pri'
soner, acquitted him
The Court adjourned until TO morrow, nine
O'clock.
The Court met, pursuant 10 adjournment
Present, the President and members; and, no
prisoners appearing before them for trial, ad.
Journed sine die.
P. PERKINS. Lieut.. Col
w. l.. Robson Ii. Sd Inf.
and acting Judge .9dpocdie.
ApJUTAST GESERAL's OprIcE Jan. 81, 1923.
True copy from the original proceedings on
sle in this Office.
h. JONES, .8djt. Gen. U. S. a..