The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1863-04-22

investigation, lnciuulnS the CourG that
tried him, are satisfied Of his bravery and
gallantry a. an officer. Yours truly,
BARNA. POWELL.
HEAD Quarters: End DIVISION, sth
Army Corps, Winchester, Va. April
10Th, 1863. General Orders No. 4.
I..... At a General Court Martial,
held in Winchester, Va, pursuant to
General Order, No. II, issued from Head
Quarters, Milroy's Division, (now the 2d)
of which Lieut.. Col. II. B. Hunter, of the
123rd Reg't, o. v. Infantry, is President,
were arraigned and tried
| II. Capt. Mutheao Bro,oa, Of
the 116th Regiment 0. V. Infantry.
CHARGE FIRST:
Conduct predjudicial to good order and
| Military Discipline
SPECIFICATION FIRST:
"In this that, Capt. Mathew. Brown, of
the 116th Regt., O. V. Infantry, being
sent in command of a body of men to
guard forage train on the 10th day of
February, 1868, did wholly neglect and
fail to take any proper precaution to pre-
vent his command from being surprised
by the enemy; but that, on the contrary
the men of his command were permitted
to wander and struggle from the train
which they were designed to guard; were
allowed to fire their guns to shoot rabbits
and chickens; to get upon the hay with
which the train was loaded. instead of be-
ing kept vigilant and wateAful at their
| L. III L. l.
widely separated, and general gross and
inexcusable carelessness was allowed by
him, and was INDUCED in by him, contra
ry to express instructions and greatly to
the predjudice Of good order and military
discipline. This done at or near the
Junction near Romney, Va, on the 18th
day Of February, 1863
T CHARGE SECOND:
. Caarard!y conduct before the enemy and
shamefutly abandoning guard of schich
he ,oas IN Comuand."'r fsslsA
SPECIFICATION FIRST
"In this that, Capt Mathew Brown, of
the 116th Reg't, o. " Infantry, being
sent in command of body of infantry
t. guard forage train, on the 10th day
|
attacked by the enemy, did wholly fail
and neglect, or even attempt any resist
ance to such attack; and did shamefully
fee from before the enemy and entirely
abandon and desert the guard he was COM
manding. and by such eowardly abandon
ment did suffer said guard and train to be
captured by the enemy This done at or
near the Junction near Romney, Va. Feb
ruary 9th, 1863" -
To which charge and specification the
prisoner pleads as follows :ssi Htos EE
| Specification 1st. Not Gxilty
Charge LIST. Not Guilty 1851 2 y
Specification 1st. Not Gmilty.' sfii
Charge End Not Guilty %
| The Court having maturely weighed
and considered the evidence adduced, find
the accused, Capt Matthew Brown of the
116th Reg't o. " Infantry as follows
Specification lst .Guilty, except
wholly and any and gross and insxcusa-
BILE carelessness indulged in by him. and
contrary to express instructions and
train being permitted to be widely sep
arated. safzs 1
Charge 1st. Guilty
Specification 1st. ''Guilty, Except
wholly or ever attempting any and by
such cowardly abandonment and desertion
did suffer said guard and train'to be cap
tured by the enemy.
Charge End. Guilty
And the Court do, therefore, sentence
him, the said Capt. Mathew Brown of the
116th Reg't, o. v. Infantry, to be public
ly reprimanded by the commanding off
Ger of his Regiment and that he forfeit
one hundred dollars (s1O0) of the pay
now due him, OF may hereafter become
due him, from the United States, said sum
to be stopped from him on the 6rst pay
ment by the Government. s3
The Court are thus lenient because of
the former good character of the accused,
for bravery, and because they believe he
acted more from thoushtlessness than
from any intention to do wrong"
After maturely considering the pro-
ceedings in the above case, the General
commanding has come to the following
rconclusions The charges against Capt.
Brown define the most serious charges of
which an officer can be guilty. Careless
ness and neglect of duty and cowardice
in the presence OF the enemy incapacitate
an officer for command Such offenses
cannot be adequately punished by repri-
mand and ..paltry fines. Degradation to
the ranks, or dismissal from the service is
the mildcst form Of punishment that can
be visited upon such offences. The find
ing and sentence Of the Court are disap-
proved and Captain Matthew Brown is re-