New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-12-12
Col w. W. II. Davis, 10Th Pa Volunteers.
Col John Beardsley. 9sb N. Y. Cavalry.
Col. J. Is. Howell, S5th Pa. Volunteers.

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slry who is one Of the officers Of the C0drt, was not
present during the session.
Lieut. j. Addison McCool Of the Sd Regiment
United States Infantry is acting as Judge-Advocate
The members Of the Court were sworn by the usual
oath to fairly try the prisoner vt the bar according TO
the evidence submitted, and not to reveal the vefdlct
in his case until so called upon to do.
Judge.Adyocste McCool then read the following
charges and specifcations-Col Kerrigan standing
during the reading, and answering in clear voice to
the question of whether lie guilty Of the charges
made:
CHARGE 1sT-Habitual neglect Of duty.
Specification. In Ills that fad james l.. kerri-
ean Colonel in command Of the 18th Regiment New
York Volunteers. from June % to Oct. Is, 1861 did
during that period, in New-York and Virgins,
wherever the regiment has been, repeatedly fall
and neglect TO give 70 his officers and men, or any
of them practical or theoretical Instruction in the
taccs of the school OF tue battalion, and company,
| or either OF them.
CHARGE 2D-Conduct to the prejudice Of good
order aud military discipline.
Specification Isl: In this, that the said james f..
Keriigan. Colonel in command of the 18th Regiment
New-York Volunteers, did, ut Halls Hill, IN Vir.
gnia ut the camp OF the said Regiment on t1e lam
and 18th days Of October, 1861, sniier ana permit
privstes of the eaid regiment end the non-commls-
slOfe1 O1lcelo Thereon 10 III hbbcou
ly disputes and brawls, and to use oisorderly lan-
guage and to make noisy demonstrations, without
any attempt the part OF the said herrgan TO re-
press the same.
Specification 81: In this, that the said james f.
Kerrigan colonel in command ar aforefaid did, on
the 18Th of Ociober 1861, at the encampmept OF the
said re, linen, at Halls Hill, Virginia, upon nspec-
ton and review, then and there held OF SAID reel-
ment, permit many private men OF SAID regiment TO
appear on parade In state OF unseehiiy aiSarray
and hth-their panteloons unbut.oned and Their NJ
derclcthes aud persons exposed.
Specification 3D.: In this that the said James r.
KerrigGn, colonel in command as Aforesaid, did re-
store duty without tri, on the 4,h OF Septem err
le6, at tue camp OF the said regiment in Virginia,
one Patrick iohney, deserier from Company oil
the 18th Regiment of New-York Volunteers.
SPECIFICATION Ar In this. that the said James +.
Kerrgan, Colonel 10 command aforesaid, did, on
the 18th of October 1861. at the camp OF the raid
.iment at Hall Hill, Virginia, cause Private Pat
rick GofFney, Of Company l, of aid regiment, who
had desc ted the service Of tie United States the
18th OF July, lc6l, and Rad remained absent until
the 18th OF September, 1861 to be restored TO dnty
without trial az stated in the preceding specification,
being paid for the whole Intervening period between
July - and October IL, 1861, in the came manner as
If the .ald private had been present and doug duty
at that tine.
CHARoE 3D.-violation Of the 44,h Article of
War.
Specification. In that the said james +. Ker-
Iigsn, commando x, ms aforesaid, being commanded
by BrigaGies- Geuersl MartinGsle commanding the
brigade of the said regiment of New-York Voun-
tecTs, 70 assemble tue commissioned officers OF the
said regiment tie quarters of the said kerrigiD,
for tie purpose OF examination and lnspecilOn 10y
the sad Brgadier- General Matindale, did, after e.
assembling theui, ard after ilmse being present ~
the rencezyous, absent himself therefrom wi hont
permission ana without icing dismissed or relieved.
mir AT the camp of the SAID 18th Regiment New
York Volunteers 1t Halls Hill, Virginia, ON the ltth
October, 1861. >.
CH,RoE iTH.-Disobedienc Of orders, in viola
ton of the ninth article Of war.
Specification. IL this, that the said james T..
KerIigRn, Color FL as Aforesaid beirg commanded ny
his superior officer, Bigadier-Geperal Mgriindaie,
then in the execution Of bis office, To return and re
pair 10 the quarters Of the raid kerri,an, where
the commissioned officers OF the said 18th Regiment
Of New-lork Volunteers were assembled for insrnc-
ton aud exam instion by the said In adierGenerl
Martindale and whence the sAd kerrgan had alb
ssned liiu.ef without permission, and without be-
my disuiss.d relieved, ~ stated 10 the prececng
steci6caiion did willfully and positively refuse TO
obey said command, and ordef-ths at Hall Hill, |
virginia, ON the I6th Of October, 1861.
CnaRGE 5TH.-Lying out Of camp without leave
OF his superior Oileer
SpeeiGrafi5n i: In this that the said James L. Ker-
rigsn, Colonel n command aforesaid, his regiment
being encamIed ut Hall Hill, Ni'ginin did, OF THE
night OF October H. 1861, absent himself by lying
out OF raid camp, without the knowledge or permits
sion Of tie commanding officer.
CHARGE 6TH.-Drunkennes on duty.
SPECIFICATION In tbis, that the said james T.. |
Kerrig,n, Colonel in command Of the 18th Regiment
oi y. \. Volunteers, WIS drunk on duty on the 9Th
Of September lsOl, tbereabOuts, while the said
re ins nt was removing from the camp at Motions
Farm, on Upton's Till, Virginia This on tue road
or march between tho said two places.
TIi0S. T. CAN'T, Col. and A. ID. G. |
WITNESSES
As TO the first charge and specification OF the s5th
liant
A. w. Ferguson, Lieut. Abbott, Lieut. Shaw, Lieut..
Plat, Brig sdier-Gen. Mgrtintale, Major h. III. Ly-
man, Brigade Surgeon, Capt. +. j. Locke, Lieut.
Col. Charles, Lieut.. Moore, Sergeant-Major Charles
Halpin.
The question of Guilty, or Not GUILTY." wa
propounded to tue prisoner by the Judge-Adyocate
each charge WAS announced, 10 all Of which, with
a single exception, Col. Kerngan replied mot
Guilty." The charge 10 which plea of guilt was
rendered was that Of Lying out of camp without
leave of his superior officer"
To specification fret of charge 9th, the Colonel
answered. 81 was never drunk in my life"
AL this stage of the proceedings Judge Edmund
l.. Hearne, of New.York, entered the room, and an
application was made by the prisoner that he be al
lowed TO act az his counsel.
The request was granted after consultation by the
Court, there being but one dissenting vote cast.
request was made by the Counsel of Kerigsn
that the case be continued until Wednesday morning.
for the purpose OF allowing the prisoner an oppor
tunity to prepare his defense.
Lieut.. McCool remarked that the Colonel bad
suffered close incarceration since October and that
he presumed no opportunity had been allowed him
to consult counsel. He himself had been obliged to
obtain permit from the royost-Manbal to visit
the prisoner.
The Court was then ordered to be cleared to con.
slider the application.
On opening the doorsit was announced that further