Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1889-07-30
THE BOARDS REPORT
On the Charges Preferred Against Col,
J. J. Lynch by Brig Gen. II. L. Mitch
ell.


To Erwin G.. BuRLEIGH. Commander in
Chief of the Maine Militia.
Sir: Agreeably TO Special Order No. 33
Of the Commander in Chief, the undersigned
Board Of Officers convened at Headquarters
on Monday. July sth, 1889, at O'Clock 7.
NJ ta examine into the conduct of Colonel
John j. Lynch, commanding First Regiment
Infantry, Maine Volunteer Militia, as re-
ported to these Headquarters by Brigaaier
General Henry l.. Mitchell. commanding
First Brigade VI. V. NJ. under date of June
9th. 1889. General John Harper acted as
chairman and Colonel Edwin J, Cram was
chosen as recorder. The complainant. Gen
eral Henry L. Mitchell and the respondent,
Col mel John J. Lynch, both being present;
the Board proceeded to hear the testimony,
and other evidence produced, bearing upon
the charges filed in the case; and having
fully considered all the evidence, respect
fully report as follows. viz:
As to the first charge, to wit: That the
respondent failed to carry out the orders of
the Brigade Commander relative to the pre-
paration of sink for his command-we
find upon all the testimony that the respond
ent did not wilifully disobey the orders of the
Brigade Commander, and therefore that he
is not guilty. While the orders of the Bri-
in this particular, failure to do*so was not
fairly attributable to this respondent.
As to the second charge, viz: That the
respondent on several occasions left his com
mand and the camp without permission from
the Brigade Commander-the evidence fails
to satisfy us that such was the fact, and we
therefore find that he is not guilty.
Ae to the third charge, viz: That the
respondent failed to have his companies re-
port to Col. Harrington at the tine and place
designated by the brigade commander
find that the orders were given by Colonel
Lynch, the respondent, as commanded. to
the proper officers. and their endorsements
taken therefor as ''read and understood,
and whatever mistake was made came
through Misunderstanding and not from
any intention on his part to knowingly dis
obey the orders of the brigade commander.
Therefore we find he is not guilty of this
charge.
As to the fourth charge, viz: That this
respondent did more than once disobey the
orders of the brigade commander in that he
failed at dress parade to place his command
when directed by the assistant atiju.ant gen
eral, who was acting under the orders Of the
brigade commander,-w find that the res
pondent, by the testimony and his own ad
mission. did fail to place his command when
directed by the brigade commander, his only
excuse for so doing being. that TO carry out
the orders and make the change in his posi-
ton as his command was then 81 uate would
have given his companies an unmlitary ap-
pearance and msrred the dress parade. To
US the .estimon, shows The noncompliance
with the order to have been a neglect of
duty rather than wilful disobedience and
a ro~l nf fne sph h and
ent should have been reprimanded at the
| time. as betw = commanding officer and a
subordinate ofnct difference os OPINION is
entirely unjust fable as an excuse, ard in
this case furulshes no just defense. Strict
discipline in the time of peace means good
soldiers in the time of war, and officers. as
well as men, should be made to understand
| that to be member of the Maine militia
| means . strict observance of all its rules and
| orders. Soliiers look to their officers for an
example, and unless you find strict discipline
among the officers you will look in vain for
| il among the men. We suggest that prompt
administration OF the rules of the service, in
case Of neglect of duty, be urged upon all
commanding officers.
As to the fifth charge, viz: That Col.
| Lynch made such free use of sf.mulants as
to render him unfit for duty, our finding is
as follows: That during the entire week OF
the time specified in the charges, this respon
dent was in i'll health and continually under
treatment by the Regimentsl Surgeons
There is a complete and entire failure of
evi fence to establish this charge, and ~e are
unanimous in our belief that such condition
| of things did not exist. On the contrary, all
the evidence points TO the fact that this
respondent not only totally abstains fr IN, the
use of stimulants himself. but discoura2es il
in others. We are glad to be able to say
that of this charge this respondent il not
guilty, whatever Appearances may have indi
Gated
As to the sixth charge, viz; That the re
turns as required by Ia. to be made. of the
different companies composing the FRS
Regiment. we're not seasouably made, va
have TO report as follows, viz: That from
all the evidence, we are Of the opinion thai
the returns we're unduly delayed. True it il
that the Colonel of the Regiment il obligeS
to depend upon the officers Of his differen
! companies for these reports, but even thei
| long delays and neglect to forward them i
hardly excuszbIe- II the officers of the diff
. feTent companies do not furnish them wishii
the time allowed by law, snd there Is u,
reason Why they should not, il is the duty o
the Colonel commanding to enforce . com
pliance With the law BY just and prope
means. We nnd that this neglect to furnisl
the semi-annual returns within the tim
limited has for yeafs been . source Of grea
annoyance to the Brigade Commander, an
b is no new thing. having hitherto been locke
{ upon BY many q . matter Of form, when
: fact it is matter Of great Importance. nc
D only Sssssfe requirement. Of our State. ba
Q of the United States - veil
The foregoing report covers all that