New-York daily tribune., 1861-11-11

police guard at thi, camp whom detailed by the let
Sergeant Of his company, eaying, al won't do It,
want to go on picket guard. Before mount police
guard, shall thunder strike you" is sentenced to
bard labor for six months, wearing 32-pound iror
ball attached TO his right leg by chain ak feet in
length, and to forfeit III, pay fJr the same time.
Pivaie Maurice Fitzgerald Of Light Company T.
Sd Artillery, convicted Of cndnc. prendcial to good
order and military pline, in stealing from Pri
vate HoXley, Of bis company, blanket, and mutt
lating 1t TO prevent recognition is sentenced tc
six mouths bard labor wearing 32pouud ball at
tached to bis night leg by chain Elk feet IA ltngth
and TO wear q boaid on his back with the word
Thief printed thereon for the time above stated,
and then TO have his head shaved, and be drunlned
out of the service OF the United States"
Privass Steven Miller, Company c, 18th Regiment
New York Volunteers convicted OF disobedience Of
orders, in refusing 10 carry water for the Kitchen
after having been ordered TO do 80 by the Orderly
! Sergeant, II. Loub, is sentenced "tO two months
bard labor with stoppage Of pay for the same time,
and to carry knapsaok filled with tand, and weigh
ing sixty pounds, four hours each day, from 70
a. m and from to p. M, and TO continue this Tor
thirty -one days"
private Frederick Stahel, Company G., flst De
Kalb Regiment. New-York Volunteers, convicted oil
deserion from the service Of the United States on the
25th day of August, 1861 il sentenced to be, IN we
presence of his regiment, marked on the ielt mp
with the letter ID, one inch and quarter IN length
with indelible ink and 10 hard labor, with thirty
two pound iron ball attached to bis right leg by
chain SIX feet in length, for the balance Of ms term
of enlistment
In the case Of Capt. John Il. league OF the
9th Massachusetts Volunteers, acquitted OF mu-
tinous conduct and Of the charge OF " conduct
unbecomipg an officer and gentleman" IN
using obscene, profane and mntinous language
TO or of superior officers, but convicted OF one
of the specifications and sentenced to be Tepri-
mandcd, the order says;
The Major. General Commanding is unable 10 ap.
proye either the udng Orthe sentence M the case oil
Cart John X. league, 9th Massachusetts, Nolun'
teeis. The fret charge, may, with all pfopilety, DC
dismissed as thero is nothing TO sustain TIC charge
Of nutinons conduct; but there J., unfortunately,
abundant evidence 10 both fpeclca.ions Of The rec,
oud charge. and the charge itsei may De sustained
by proof Of either specification. 1he testimony on
both these specifications was OF positive character
Ii was net and sought TO be iRyabdaled by
testimony OF "A NEGATIVE kind; and rs 10 The
second specification, the Court seems TO nave
considered the defence RatiriactOry. hhnOnt dls-
turlinR the finding Of the Court Oh the second specl-
fcation-for there are 60 many dfcumstancts con-
nected with the credbity OF Witnesses when tne
reviewing officer cannot see, that 70 disturb lnding
on account OF the conflict Of testimony must always
be Questionable stept is sufficient 10 say that the
finding OF the Court ar TO the hrst specinealOn amply
iustihes the further hnding ot guilty OF cOncuct un
becoming an officer and gent emani ana thal Us tLe
record now stands it 10 anomalous.
Ii is further irregular in this that the accused s
found not guilty Of each charge, and yet made the
subject Of a punitive sentence. II tie finding were
correct the sentence should be acquiltal: but The
necessary consequence Of being guilty of the first
specification Of the second charge s that the charge
itself is established, aud the appropriate sentence
must follow. The Court will correct lie finding and
sentence accordingly.
la the case OF Private Charles Odell, Company X,
18th New-iork Volunteers, convicted Of dsobedi-
ence Of orders, the proceedings are confirmed; but
because il ap}ears from the evidence that tie pris-
oner supposed himself exempted from the duty on
which lie was ordered, tue sentence l. RENTED
The pFisoner Is released from confinement aud VIII
return to duty remembering ths, neither he nor any
Of his comrades eau expect any slmllr Ind Ilg.nce
after the promulgarion OF this order Implicit obe-
dience 10 authority il the indispensable condition Of
efficiency ia an army. from tie high u TO the low
es il should be the pride Of every solder b recognize
and perform this duty. II M i1rroref order be
gwen, redress musl be sought in other modes than
by directly oontesiing II; and Tho Aalu.-6encial
commanding assures tie army thf lll Ca cs o! such
improper order. will be aniuladyerici upon in such
manner as eecually 10 yildicate he rgtts Of ihose
who, ef,or oboying thcun bring q ilcI Isy Of the
orders 10 the notice Of the proper oAcer.