The New York herald., 1862-03-05


ehairmanshp Of these committees, thsy being unwilling
he should rslinquish entirely his position.
THE PROCEEDINGS OF TIE ooURr MARTIAL IN THs
CASE OF COLONEL KERRIGAN.
The following orders contain Of tho proceed
ngs and finding Of the Court Martial In the Kerrigan
case and the approval Of the sentence by the Genera
Commanding.
GENERAL ORDERS NO. oS.
HEADQUARTERS ARMY OF THE PoroMAc,
Before o General Court Martial OF which Brigadier
General sas Casey, Volunteer SERVICE President
vened ut Washington city, D. c., by virtue Of Special
Orders No. 173 from these headquarters Of December
1851 arraigned tried Colonel James E Kerrigan
Twenty nth New York Volunteers, on the following
charges and specifications -
Charge Fsrst-Habitual neglect Of duty.
Specifcd0n-ln this that he the said James =. Kerri
gan, Colonel In command Of the Twenty fifth regiment
New York Volunteers from June 28 to October Is 1851
and during that period IN New York and Virginia whore,
neglected TO give 10 his officers and men, any Of them,
practical or theoretical instruction in the tactics Of the
school of the battalion and company either Of them
Charge Second-Conduct 10 the prejudice Of good order
| and military discipline.
Specification lin this that he, the said James F.
Kerrigan, Colonel command Of the Twenty NTH regi
ment New York Volunteers, did, at Halls Iil In vir
gnia at the camp Of the said regiment the l4h and
| init the privates Of the said regiment and
tho aoncommssioned officers thereof to engage in loud
and unscomy disputes and braws TO disordery lam
grage and to make noisy Disturbances without any at
tempt on tho part Of the said Kerrgan to repres tho
/ same
Specification Pin this that the said Kerrigan Colonel
in command aforesaid did the 18th day Of October
1851 at tho encampmcnt of the said regiment, at Halls
Hill, Virginia. upon an inspection and review then and
there held OF the regiment permitted many men OF said
regiment to appear on parade in state OF unseemy dis
array and filth. their pants unbutt0ned their under
clothes and persons exposed
Specification 3-m this that he, the said James Ker
rgan Colonel IN command as aforesaid did restore TO
camp Of said regiment, one Patrick Gofery deserer
from Company l. Twenty-lfth regiment New York vo
lunteers.
Specification 4-!n this, that he, the said James E.
Kerrgan, Colonel in command as aforesaid did the
18th Of October 1861 at the camp Of said regiment at
Halls Hill, Virginia, private Patrick Gofary Of
Company l. OF said regiment, who had deserted the
es OF tine unea STATES e, On ns the n q u and
when hc was restored to duty without trial, stated
in tho proceeding specification TO be paid for the whole
intervening period between the 25h Of July and the 18th
Of October, 1861 in the same manner If the said
private had been present and doing duty all that time
Charge 1hrd-voation Of the forty fourth article Of
Speccatom-Int this thathe the said JAS E. Kerrigan,
commanding aforesaid being commanded by Brgadier
General Martindale commanding the brigade of which
said Twenty fifth regiment New York Volunteers
part to assemble the commissioned officers Of said regi
at the quarters Of said Kerrgan for tho purpose
examination and Instructions by the said Brgadicr
General Martindale, did, after being assembled
absent himself thorefrom without permission with
out being dismissed or relieved. This at'the camp Of
Has H on sSe nssh Of osoe ISL
Charge FburM- -Disobedience of orders in violation Of
| the ninth article Of war.
Spefcaton-n this, that he the said James E. Kerri-
gan, commanding aforesaid being commanded by his
superior officer Brgadier General John H. Martindae,
he being in the execution Of his oce to return and
pair 10 the quarters Of the said Kerrga where the
missioncd officers OF the said Twenty fifth regiment New
York Volunteers assembled for instruction aud
minaon by the said Brgadier General Martndale and
whence the said Kerrgan had absented himself without
permission and without being dismissed relieved as
positively refuse to obey said command and order This
at Halls Hill Virginia, on the 10th Of October, 1861
Charge Efh-Iying out Of camp without leave Of his
Spccifcatio,-ln this that the said James E. Kerrgan
Colonel in command aforesaid, his regiment being
campcd ut Halls Hill, Va, did, on tho night Of October
a. 1861, absent himself from and lie out Of said camp
without the knowledge or permission Of bis commanding
Charce eSar.h-Drunkenness on duty
pecifcdion-ln this, that he the said James Kerri.
gan, Co.ons in command Of the Twenty fifth regiment
September 1S61 thercabouts while the said regiment
was moving from the camp at Moton's Farm to Upton's
Hill Va. This on the road or march between the said
two places.
| Caaroc Seventh Shameful abandonment OF his post
rran Colonel as aforesaid did, on the 9th day Of
August, 1851 snamefrly abandon his pest, which he
had been commanded to defend and hold at Munsons
| Hill, Fairfax county, Virginia
Charge EiehA-withdrawing the pickets without
orders.
Colonel command Of the Twcny fifth New York voun-
tecrs, aforesaid, did without orders, withdraw tho
picks's Of his regiment from their position on the out
was advancing thereon on the 27G day August 1861
| Charge Ninth-Communicatin with the enemy.
SpcciGcaion-In this that he, the said James Z.
| Kcrrgsn, Colonel IN command, m aforesaid, On
2n dn s S tho ana .sd Up as sgss .g other
July 1851 anpthc LIST day Of October 1861 did leave
the camp Of hs regiment In Fairfax county, Virginia.
:sSn,y Ga w. and communicate with 'A' enemy 10 said
To Which charges and specifications the accused pleaded
followsTo the specification Of first charge not gull
To fret
ton, second charge not guilty; to the second specca
ton second charge guilty. to the third specification
second charge not guilty the second charge gull
y To the specification third charge not guilty 70 the
third charge not guilty 10 sns speccaon @ fourth
the specification, nfih charge, guilty; to the
fifth charge, guilty. TO the specification, sixth
| 10 Specification, seventh charge. not guilty. to the
seventh charge not guilty To the specification, eighth
charge not guilty to the eighth charge, not guilty To
the specification, ninth charge, not guilty. to the ninth
After mature delsbera,ion on the evidence adduccd
the Court found the accused follows the specinca
ton first charge, guilty; Of the first charge guilty. or
specification nrst second charge, guilty. Of spccinca
OF sh h sars o
guilty. VI specihcaon fourth charge guilty except the
words "wifully and positively OF the fourth charge
guilty or specification, charge fifth, confirmed the plea
Of accused, and found him guilty. o. charge fth con-
frmed the plea OF accused and found him guilty or
charge SIXTH not guilty Of charge sixth,
guilty OF specification. charge seventh, not guilty. Of
charge seventh, not guilty. Of specification, charge
| eighth, not guilty Of eighth charge, not guilty. or
specification ninth charge not guilty. Of ninth charge,
not guilty And the Court dees therefore, sentence him.
the sad James f. Kerrigsn Colonel Of the Twenty fifth
New York Volunteers 70 DO dismissed the service Of the
| United States.
firms the proceedings Of the Court Martial in the OF
| Colonel James E. Kcrrigan, Twenty-afth New York
Volunteers Colonel Ksrrigan therefore ceases 10 be
ocer in the military service Of the United States from
| this date.
By command Of Major General MCCLELLAN.
| g. WuIiAxs Assistant Adjutant General
n. T. MCMAHON, Aid-ds-Camp .f
| .ls THE NAVY.
The following orders wero mado by the Navy Depart
| ment to day.
Acting Master Oper Y. Dennis. Assistant Paymastcr.
Horace s. Bradford, ordered 70 report 70 Commandani
| Paulding for duty
| Acting Master William z. Dennison, ordered TO the
| United States steamer Somerset