Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1862-04-23


at that point, charges Of unSoIdIerly conduct
were preferred against Lieut. NJ. D. Grafton, bv Col
James Sinclair. This led to the call Of Cour, Of
Inquiry, which was held, with the result indicated
at the camp Of Brig. Gen. Ransom, March 3lst,
1862, by virtue of the following order:
HEADQUARTERS DEPT OF Y. c.,
March 81, 1862.
CENTRAL ORDER, No. 8.
At the request of Col. James Sinclair and 1t COL
NJ. d. Grafton. 35th regiment n e. Troops, Court
OF Inquiry will assemble Oh Monday, 3lSt March,
1862, at the camp Of Brig Gen. Ransom, to ex-
anime into the circumstances connected with the
conduct Of the above officers in the late battle below
Newbern, and report upon the merits of the same.
The court will sit without regard To hours.
Details for the Court.
Brig. Gen. Robert Ransom; Col. Clingman, 18th
Reg y. e. Troops; 1t. Col. Robert II. Cowan Sd
Reg n. G Troops; 1t j. 5. E. Miller, list Reg n.
e.. Troops Judge Advocate
BY command of
[Signcdl MAJ. GEN T. II. HOLMES
ARCHER ANDERSON, A. \. G..
By special order from Maj Gen. Holmes, dated
March 29th, 1862. Lieut.. Col. r. Ii. Cowan Sd reg
iment y. Z. Troops, was relieved from duty the
Court Of Inquiry, and Lieut.. Col. Mearrs, of the
18th regiment n. Z. Troops appointed to act in
his stead
The court met pursuant to the above order. and
heard the testimony of Gen. l., OBJ Branch; Capt
ThoS. B. Brem, 10th Reg. n. Z. Troops; Capt j.
II. Kelly, 35th Reg \. Z. Troops; LIST Lieutenant
Thomas j. Oates, Adjutant 35th n. c. Troops; Col.
r. Campbell, 9TH n. &. Troops Capt H. N. Dixon
S5th y. c. Troops Maj Petway, 35th n c. Troops,
and Col c. C.. Lee, 37th \. c. Troops and there
being no further evidence to introduce the Court
was closed and after mature deliberation on the evil
dence adduced find the facts as follows in regard to
Col Sinclair; That Col. Sinclair took his proper DO
sition during the engagement, was calm and cool
throughout, and remained there until the ri ght wing
al
by section Of artillery and an independent compa-
ny, gave way; that he went towards portion of
the Tetreatng men and ordered them back to their
entertainments and then took his original position;
that he afterwards received the order to retreat and
gave the order to his regiment thFt the retreat of
his regiment to the camp Of Col Vance
fused and not orderly that the regiment was form
ed there and conducted in toerabe order 10 the rail-
road where he give the order to his regiment to get
the cars, this without authority that after the
regiment ordered off the cars by Gen, Branch
and formed, the retreat was conducted in order,
til the report of pursuit by the enesy cavalry; that
he then consulted with his men to the surrender,
stating that Col Lee recommended surrender
whereas Col Lee advised no such course, but on the
contrary, urged them to make a stand that Col.
Sinclair afterwards assisted in the formation of
rear guard and offered to remain with Col. Lee and
the rear guard, and after the correction made by
Col Lee, encouraged the men to fight and not
render; that after the regiment was again formed
the retreat was orderly to the end.
From these facts the court forms the opinion las
it has not the right to approve dlsapprove Of the
conduct Of Col Sinclair on the occaSion) that under
the present emergencies OF the service no further
proceeding is necessary in the case.
R. RANSOM, Brig. General,
JOHN R. S. MILLER, LIST 1t and Adj't 1st n. c.
T., Judge Advocate.
The same court heard the testimony of Gen. L.
hoe I N,i ~ Dat
way, Cd Lieut.. W. Ii. P. LaIgston, 35th n c.
Troops; lst Lieut. j. r. Warwick, 36th N. C.
Troops; and there being no further evidence to in
troduce Lieut.. Col Grafton requested to have the
accompanying order, granting leave OF absence,
attached to the proceedings, thereby showing that
he was DESTROYS of being with his regiment on the
day of battle, although his leave had not expired
by two or three days.
The court was then closed and proceeded to de-
lberate After mature elaboration on the evidence
adduced the court finds the facts as follows: -
That Lieut.. Col Grafton on leave of absent
which had not expired, joined his regiment before
the battle commenced, was in his proper position
during the engagement, and rallied the militia at
one time and subsequently his own men, whsIs
giving way, afterwards Joined the main body Of his
regiment with portion of his command, continued
with it during his retreat, assisted in forming it at
different points, continued with it in his proper po-
sition until reaching the town Of Newbern, then
left it temporarily and reoined it in its further re-
treat until report came Of pursuit by the enemys
cavalry; consultation called, and proposal
made to surrender, and n majority of the officers
and men present favorng the proposal, Col Grafton
protested against the surrender and said they should
not surrender him, and left. The court is, there
fore of the opinion that no further proceedings are
necessary in the case. l
R RANSOM, Brig. Gen'l,
Presids nt
JOHN R. s. MILLER, LIST 1t and Adj't 1st N. G. I.
Judge Advocate.
L. :. 1919 .hnt the InniSulIn Ln,lrnnl has de-