Louisiana capitolian. (Baton Rouge, La.) 1879-1881, 1881-02-05
[oRIGINAI.l
SENTENCED TO BE SHOT.
Rutsayed on n Technically by Gen.
eraI Robert f. Lee.

General Nichols, was IN It's winter
quarters, at Camp Seymour, which
was located near the Rappahannock.
The winter had been spent in drilling
and disciplining the troops, who had
just gone through the memorable cam
paigns of 1862. The General Court
Martial of Stonewall Jackson?s corps
had been in almost daily session dur
ing that period Of inactivity which
followed the thrilling dramas en-
acted in the valley of the Shenandoah,
around Richmond. at Manassas, in
Maryland and on Marye's heights.
Among those brought to trial was q
private soldier, Patrick -, OF the
Shepard Guards, Co. A, Of the 10th
Regiment of Louisiana Infantry, who
had deserted his command to enlist
as 3 substitute in another.
The evidence against the accused
was overwhelming, land offered no nit
igating circumstances. Accordingly,
the members of the Court unanimous
ly declared him guilty of the charge
and of the specifications. Patrick
was therefore duly sentenced "tO be
shot to death with musS>tgy at such
time and place as the Commanding
General might designate"
We well remember the evening of
that cloudy, wintry day, when the
10th Infantry, numbering about three
hundred and fifty muskets, stood
aligned for dress parade on the drill
ground. A squad, commanded by
the Lieutenant of the guard, had
brought the condemned soldier, in front
and facing the left of the line. The
men, in thoughtful silence, were lis
tening to the reading of the orders of
the day, by Adiutant Henry Piussan,
of New Orleans. At last that officer
drew forth the one which spoke of the
trial of private Patrick -----, of Co.
A, 10th Regiment of Louisiana Infant
ry, charged and found guilty, and
sentenced to be shot to death with
musketry." "The whoIe Court con-
curing in the sentence"
At this solemn moment q thrill of
commiseration went through every
one of those stout hearts who had I'M
Hinchingly faced death at the can
mons mouth. Every eye was turned
toward the condemned, who was
CHASTITY pale. Just then, the Adju-
tant, after pause, began to read an
other paper. Soon his words drew
the attention of the men upon him.
The paper, emanating from General
Lee, said, in substance, that the find
ing of the Court was approved, but
the Judge Advocate, in framing his
report had violated the formula in
the articles of war, which specifies
that when more than two-t thirds of q
Court Martial have pronounced an
accused to be guilty, in order not
to expose the members who have
thus voted, he shall merely state
that tWO-thirdS cOncurred in the sen
tence. In this case, by stating that
the chole Court had voted for the
death penalty, every member was
known to have thus decided. The
sentence was accordingly invalidated,
and inasmuch as no accused could be
tried twice for the same offense, pri-
yate Patrick - was DISCHARGED
and ordered to report for duty to the
Captain of his Company.
The last words had scarcely fallen
from the lips Of the Adiutant. that
cheer after cheer for General Lee
went up from the Regiment, many of
whose members, after the dismissal
OF theparade, surrounded their erring
comrade, to congratulate him and bid
him be true, hereafter, to his duty
and to the cause.
1t was some time before Patrick
could speak when he did so he said !:
elbow lucky it was that all the mem
bers Of the Court fou, d me guilty. If
a single one of them had voted other
wise, my days would have been num-
bered.'
We have cited this incident, one
that probably has never had paral-
lei, to show the high sense of Justice