GENERAL ORDERS

No. 132

HEADQUARTERS, DEPARTMENT OF THE GULF,

New Orleans, September 18, 1864.

I. Before a General Court Martial, convened at U. S. Barracks, Key West, Florida, pursuant to Special Orders, No. 39, Headquarters District of Key West and Tortugas, April 4th, 1864, and of which Major BENJAMIN R. TOWNSEND, 2d Regiment U. S. Colored Troops, is President, were arraigned and tried:

1. Private HENRY HAMILTON, Company I, Second Regiment U. S. Colored Troops.

CHARGE 1ST.

*“Joining in a Mutiny.”*

SPECIFICATION 1ST—In this: that he, Private Henry Hamilton, of Company I, Second Regiment U. S. Colored Troops, did join in a mutiny with said Company I, and in the execution or furtherance of which, he, the said Hamilton, did resist the efforts of the Officer of the Day to arrest a disorderly member of said Company I, and did seize a gun and did fix the bayonet thereof, and did declare, that he, the said Hamilton, would not allow the said disorderly member to be arrested, or words to that effect. All this at Ship Island, Mississippi, on or about the 27th day of December, in the year one thousand, eight hundred and sixty-three.

CHARGE 2D.

*“Offering Violence against his Superior Officer.”*

SPECIFICATION—In this: that he, Private Henry Hamilton, Company I, Second Regiment U. S. Colored Troops, did offer violence against his superior officer, First Lieutenant Edward Pease, of Second Regiment U. S. Colored Troops, and did lift up his bayonet against him, while he, the said Lieutenant, was in lawful discharge of his duty as Officer of the Day. All this at Ship Island, Mississippi, on or about the 27th day of December, in the year one thousand, eight hundred and sixty-three.

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CHARGE 3D.

“Disobedience of Orders.”

SPECIFICATION—In this: that Private Henry Hamilton, of Company I, Second Regiment U. S. Colored Troops, when lawfully ordered by his superior officer, First Lieutenant Edward Pease, of said Regiment, to go to his quarters and put away his gun, did fail to obey said order. All this at Ship Island, Mississippi, on or about the 27th day of December, in the year one thousand eight hundred and sixty-three.

To which charges and specifications the accused pleads as follows:

To the specification to the first charge—“Not Guilty.”

To the first charge—“Not Guilty.”

To the specification to the second charge—“Not Guilty.”

To the second charge—“Not Guilty.”

To the specification to the third charge—“Not Guilty.”

To the third charge—“Not Guilty.”

FINDING

Of the 1st specification under 1st charge—“Guilty.”

Of the 1st charge—“Guilty.”

Of the 1st specification under 2d charge—“Guilty.”

Of the 2d charge—“Guilty.”

Of the 1st specification under 3d charge—“Guilty.”

Of the 3d charge—“Guilty.”

SENTENCE.

And the Court does therefore sentence him, Private Henry Hamilton, Company I, Second Regiment U. S. Colored Troops, “to be shot to death with musketry, in the presence of the Second Regiment U. S. Colored Troops, at such time as the proper authority may direct;” two-thirds of the members of the Court concurring in the sentence.

II. Before a Military Commission, convened at the Headquarters of the Cavalry Division, near Morganzia, La., pursuant to Special Orders No. 90, Headquarters Cavalry Division, near Morganzia, La., of date May 25th, 1864, and of which Major BACON MONTGOMERY, 6th Missouri Cavalry is President, were arraigned and tried:

1. SETH M. WINSTED, a Citizen.

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CHARGE.

“Being a Guerrilla.”

SPECIFICATION 1ST.—In this: that he, the said citizen, Seth M. Winsted, has at different times during the present war, been connected with bands of armed Guerrillas, assembled for the purpose of making war on the United States. All this in or near the Parish of Point Coupee, La.

SPECIFICATION 2D.—In this; that he, the said citizen, Seth M. Winsted, was captured by the Federal forces, under suspicious circumstances while in company of Confederate soldiers, and a recently discharged musket found on his premises. All this at or near Morton Bayou, La., on or about the 20th day of May, 1864.

PLEA.

To the 1st specification—“Not Guilty.”

To the 2d specification—“Not Guilty.”

To the charge—“Not Guilty.”

FINDING.

Of the 1st specification—“Guilty.”

Of the 2d specification—“Guilty.”

Of the charge—“Guilty.”

SENTENCE.

And the Commission does therefore sentence him, Seth M. Winsted, a citizen, resident of Point Coupee Parish, “to be hung by the neck, until he is dead, at such time and place as the Commanding General may direct;” two-thirds of the Commission concurring therein.

III. Before a General Court Martial convened at New Orleans, La., pursuant to Special Orders, No. 152, Headquarters Defences of New Orleans, June 27th, 1864, and of which Lieutenant-Colonel P. KERSHNER, 16th Ohio Volunteers, is President, were arraigned and tried:

1. Quartermaster Sergeant JOHN STRANDLER, 1st Regiment Missouri Light Artillery.

CHARGE.

“Murder.”

SPECIFICATION—In this: that he, Quartermaster Sergeant, John Strandler, of

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Company A, First Regiment Missouri Light Artillery, did shoot Private John W. Logan, of Company A, First Missouri Light Artillery, with a Navy Revolver, thereby causing the death of the said John W. Logan. All this in camp, at New Orleans, Louisiana, on or about the 22d day of February, 1864.

To which charge and specification the accused pleaded as follows:

To the specification of the charge—"Guilty."

To the charge—"Not Guilty."

### FINDING.

Of the specification—"Guilty."

Of the charge—"Guilty."

### SENTENCE.

And the Court does therefore sentence him, Quartermaster Sergeant John Strandler, First Regiment Missouri Light Artillery, "to be shot to death by musketry, at such place and time as the Commanding General may direct;" such sentence passing the Court by a two-third vote thereof.

2. 2d Lieutenant HENRY FRENCH, Company K, 11th New York Cavalry, (Scott's 900.)

### CHARGE 1ST.

"Conduct unbecoming an Officer and a Gentleman,"

SPECIFICATION 1ST—In this: that he, the said Henry French, 2d Lieutenant, Company K, 11th New York Cavalry, (Scott's 900,) did become so much intoxicated that he was found lying in a ditch, and was carried to his quarters by an enlisted man after "Taps." This at the camp of his Regiment at Manning's Plantation, La., on or about the 3d day of June, 1864.

### CHARGE 2D.

"Drunkenness on Duty."

SPECIFICATION—In this: that he, the said Henry French, 2d Lieutenant, Company K, 11th New York Cavalry, (Scott's 900,) did become intoxicated while on duty as Officer of the Day. This at the camp of his Regiment, at Manning's Plantation, La., on or about the 4th day of June, 1864.

To which charges and specifications the accused pleaded as follows:

To the specification of the 1st charge—"Not Guilty."

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To the 1st charge—"Not Guilty."

To the specification of the 2d charge—"Not Guilty."

To the 2d charge—"Not Guilty."

### FINDING.

Of the specification of 1st charge—"Guilty."

Of the 1st charge—"Guilty."

Of the specification of 2d charge—"Guilty."

Of the 2d charge—"Guilty."

### SENTENCE.

And the Court does therefore sentence him, 2d Lieutenant Henry French, of Company K, 11th Regiment New York Cavalry, (Scott's 900,) "to be cashiered."

3. 1st Lieutenant M. C. S. GRAY, 1st Louisiana Volunteer Infantry.

### CHARGE.

"Violation of the 7th Article of War."

**SPECIFICATION**—In this: that 1st Lieutenant M. C. S. Gray, of Company K, 1st Louisiana Volunteer Infantry, having received the lawful orders of his superior and Commanding General, to take command of the company, and to turn over to the Post Quartermaster its horses, and to the Post Ordnance Officer its horse equipments, and to embark the company on steamer for New Orleans, did join in mutiny and sedition with his Captain to resist said order, and did positively refuse to obey the same. All this at the camp of the Company, at Morganzia, Louisiana, on the 4th day of July, 1864.

To the specification—"Not Guilty."

To the charge—"Not Guilty."

### FINDING.

Of the charge—"Guilty."

### SENTENCE.

And the Court does therefore sentence him, 1st Lieutenant M. C. S. Gray, First Regiment Louisiana Volunteer Infantry, "to be dismissed the service of the United States."

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4. 2d Lieutenant G. M. SEVERY, Company K, 1st Louisiana Volunteer Infantry.

CHARGE.

SPECIFICATION—In this: that 2d Lieutenant G. M. Severy, of Company K, 1st Louisiana Volunteer Infantry, having received the lawful orders of his superior and Commanding General, to take command of the Company, and to turn over to the Post Quartermaster its horses, and to the Post Ordnance Officer its horse equipments, and to embark the Company on steamer for New Orleans, did join in mutiny and sedition with his 1st Lieutenant and Captain, to resist the said order, and did positively refuse to obey the same. All this at the camp of the Company, at Morganzia, La., on the 4th day of July, 1864.

To the charge—"Not Guilty."

FINDING.

Of the charge—"Guilty."

SENTENCE.

And the Court does therefore sentence him, 2d Lieutenant George M. Severy, First Regiment Louisiana Volunteer Infantry, "to be dismissed the service of the United States."

5. 1st Lieutenant S. GARDNER LEWIS, Company F, 74th U. S. Colored Infantry.

CHARGE.

"Conduct to the Prejudice of Good Order and Military Discipline."

SPECIFICATION—In this: that he, 1st Lieutenant S. Gardner Lewis, Company F, 74th U. S. Colored Infantry, formerly known as 2d Regiment of Infantry, Corps d'Afrique Volunteers of Louisiana, in making out the final statement of one of the men of his company deceased, did make use of the following disrespectful language, to wit: "I certify, on honor, that William Thornton, a Private of the 2d Regiment of Infantry, Corps d'Afrique, Volunteers of the State of Louisiana, * * * * * having served honestly and faithfully with his Company, in the Department of the Gulf, to the present date, is now entitled to a discharge by reason of 'an urgent call from God Almighty,'" or words to that effect; and

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did forward said statement to the Adjutant General of the Army, thereby showing
disrespect to his superior officer, and to the War Department of the United
States. All this at Ship Island, Mississippi, on or about the 31st day of Decem-
ber, 1863.

To the charge—"Not Guilty."

### FINDING.

Of the specification of the charge—"Guilty."

Of the charge—"Guilty."

### SENTENCE.

And the Court does therefore sentence him, 1st Lieutenant S. Gardner Lewis, 74th United States Colored Infantry, "to be dismissed the service of the United States."

6. Captain H. G. INGHAM, 1st Louisiana Volunteer Infantry.

### CHARGE.

"Violatio of 7th Article of War."

SPECIFICATION—In this: that Captain H. G. Ingham, of Company K, 1st Louisiana Volunteer Infantry, in the service of the United States, having received the lawful order of his superior and Commanding General, in the following words and letters, to wit:

SPECIAL ORDERS

No. 159.

"HEADQUARTERS 19th ARMY CORPS,

"Morganzia, La., July 4, 1864.

[Extract.]

"8. Pursuant to the orders of Major Gen'l Reynolds, the Headquarters Company of the 2d Division, will, after turning in their horses and Ordnance Stores, proceed to New Orleans by the first transportation.

"BY COMMAND OF BRIG. GEN'L ROBERTS:

["Signed]

FREDERIC SPEED,

"Ass't Adj't Gen'l."

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did begin, excite, cause and join the other officers of his Company, in mutiny and sedition, to resist the said order, and did himself positively refuse to obey the same. All this, at the camp of the 2d Division of the 19th Army Corps, at Mor-ganzia, La., on the 4th day of July, 1864.

To the charge—"Not Guilty."

## FINDING.

Of the charge—"Guilty."

## SENTENCE.

And the Court does therefore sentence him, Captain H. G. Ingham, First Regiment Louisiana Volunteer Infantry, "to be dismissed the service of the United States."

IV. Before a General Court Martial, convened at Brownsville, Texas, pursuant to Special Orders, No. 179, Headquarters U. S. Forces, on the Rio Grande, June 8th, 1864, and of which Lieutenant Colonel H. S. SMITH, 91st Illinois Infantry, is President, were arraigned and tried:

1. Assistant Surgeon ROBERT MGNUTT, 38th Regiment Iowa Infantry Volunteers.

### CHARGE 1ST.

"Contemptuous and Disrespectful Behavior towards his Commanding Officer,"

SPECIFICATION 1ST.—In this: that he, Robert McNutt, Assistant Surgeon, 38th Regiment Iowa Infantry, did, in a certain written communication to Major General Ord, use the following language, in regard to Major Charles Chadwick, 38th Regiment Iowa Infantry, then commanding said Regiment, 38th Iowa Infantry, and the immediate commanding officer of the said Robert McNutt, to wit: "The present commanding officer of our Regiment is poor old Chas. Chadwick, who by a strange freak of luck got to be Major, who had the only recommendation that he was once a private soldier in the Florida war, but subsequently kept a little liquor shop in Fayette Co., Iowa. It is most probable that my remark with regard to his staying in a kind of old cave on the side of the hill when we first took our position at the siege, (referring to the siege of Vicksburg,) may still sting him. He pretended to be sick on that occasion I thought it was

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cowardice, and others thought so too. His ignorance and incompetence is simply a matter of fact to all who know him." And having first read said communication and the above contemptuous and disrespectful language to a certain officer of said Regiment, forwarded the same to said Major General Ord, then commanding the 13th Army Corps. All this at or near Carrollton, La., on or about the 24th day of September, 1863.

**SPECIFICATION 2D**—In this: that he, Robert McNutt, Assistant Surgeon, 38th Regiment Iowa Infanty, when requested by the Acting Adjutant of said regiment to sign his name upon the back of a certain General Order issued by H. F. BEEBE, Major 38th Regiment Iowa Infantry, then commanding said Regiment, to the officers thereof, thereby to acknowledge the receipt of said order, did say in the presence of officers and enlisted men of said Regiment, "it is all spite work," "the Major has been wheedled into issuing this order." He, (meaning said Major Beebe,) "does not know his business," or words to that effect, thereby behaving with disrespect and contempt towards his commanding officer, Major H. F. Beebe. All this, at camp of said Regiment, near Brownsville, Texas, on or about the 27th day of May, 1864.

CHARGE 2D.

"Disobedience of Orders."

**SPECIFICATION**—In this: that he, Robert McNutt, Assistant Surgeon, 38th Regiment Iowa Infantry, after having received a General Order, issued from the Headquarters of said 38th Regiment Iowa Infantry, by Major H. F. Beebe, then commanding said Regiment, that all officers of that command should be at their posts of duty both day and night, unless allowed to be absent by express permission from those Headquarters, did lie outside the camp of said Regiment without permission from his superior officer, continually, with the exception of one night, from the 27th day of May, 1864, to the 10th day of June, 1864, and was absent from said Regiment and his post of duty without permission continually, from the 1st day of June, 1864, to the 10th day of June, 1864, in open disobedience of said lawful order of his superior officer. All this at or near Brownsville, Texas.

CHARGE 3D.

"Making a False Return to his Superior Officer."

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Regiment Iowa Infantry, did make a monthly report of the sick and wounded of said 38th Regiment Iowa Infantry, for the month of May, 1864, over his own signature, to the Surgeon in charge of U. S. Forces, on the Rio Grande; which return was false in the following and other respects: In class 5, of said report, said Robert McNutt states that there had been ten (10) more cases occurred of that class of disease during the month than in fact had occurred. Said Robert McNutt also states in said report, that a mild form of Ophthalmia had made its appearance, which has been measureably arrested by separating the patients by themselves; which statement in regard to "separating the patients by themselves," is untrue in fact. All this, at or near Brownsville, Texas, on or about the 31st day of May, 1864.

CHARGE 4TH.

"Lying out of Camp."

SPECIFICATION—In this: that he, the said Robert McNutt, Assistant Surgeon, 38th Regiment Iowa Infantry Volunteers, did, without permission of his superior officer, lie out of the camp of the 38th Regiment Iowa Infantry, continually, excepting one night, from the 13th day of May, 1864, to the 10th day of June, 1864. All this, at or near Brownsville, Texas.

CHARGE 5TH.

"Conduct unbecoming an Officer and a Gentleman."

SPECIFICATION 1ST—In this: that he, Robert McNutt, Assistant Surgeon, 38th Regiment Iowa Infantry, did, at various times, make certificates on honor, and deliver the same to the Chief Commissary of Subsistence of the U. S. Forces, on the Rio Grande, that certain large quantities of Commissary Stores which he wished to purchase, were for his own use, and by virtue of said certificates he purchased large quantities of said stores, when in fact he purchased said stores with the money of an enlisted man, and with the intent and purpose to allow said enlisted men to cook said stores, or a large portion thereof and sell the same to enlisted men. All this at or near Brownsville, Texas, on or about and between the 19th day of May, and the 10th day of June, 1864.

SPECIFICATION 2D—In this: that he, Robert McNutt, Assistant Surgeon, 38th Regiment Iowa Infantry, did, at various times, make certificates on honor, and deliver the same to the Chief Commissary of Subsistence of the U. S. Forces, on

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the Rio Grande, that certain large quantities of Commissary Stores he wished to purchase, were for his own use, and by this means purchased large quantities of said stores, when in fact he purchased said stores with the intention of having the same retailed out to enlisted men; and said stores were retailed out to enlisted men at greatly increased prices, for the pecuniary benefit of himself. All this, at or near Brownsville, Texas, between the 1st day of May, 1864, and the 10th day of June, 1864.

**SPECIFICATION 3D**—In this: that he, Robert McNutt, Assistant Surgeon, 38th Regiment Iowa Infantry, having purchased at various times, large quantities of Commissary Stores of the Chief Commissary of Subsistence of the U. S. Forces, on the Rio Grande, and having delivered certificates on honor that said stores were for his own use, did afterwards allow the same, or a large portion thereof, to be retailed out at largely increased prices to enlisted men, All this, between the 1st day of May, 1864, and the 10th day of June, 1864, at or near Brownsville, Texas

**SPECIFICATION 4TH**—In this: that he, Robert McNutt, Assistant Surgeon, 38th Regiment Iowa Infantry, having been requested by Lieutenant Henry Shoemaker, Acting Adjutant of said Regiment, to sign his name upon the back of a certain General Order issued from the Headquarters of said Regiment, to the officers thereof, and said order having been handed to him, said Robert McNutt, for that purpose, did attempt to carry off said order by force, and when said Lieutenant Shoemaker was about to prevent him doing so, said Robert McNutt said to him, "Oh, you are too fast; this is all spite work. Like the other officers of the Regiment you don't know your business," or words to that effect. This, in the presence of enlisted men, at the Headquarters of said Regiment, near Brownsville, Texas, on or about the 27th day of May, 1864.

CHARGE 6TH.

"Absence without Leave."

**SPECIFICATION**—In this: that he, Robert McNutt, Assistant Surgeon, 38th Regiment Iowa Infantry, did, without proper authority, absent himself from his Regiment, on or about the 2d day of June, 1864, and did so remain absent until on or about the 10th day of June 1864. All this, at or near Brownsville, Texas.

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FINDINGS.

Of 1st specification 1st charge—"Guilty."

Of 2d specification 1st charge—"Guilty."

Of 1st charge—"Guilty."

Of 1st specification 2d charge—"Guilty."

Of 2d charge—"Guilty."

Of 1st specification 3d charge—"Not Guilty."

Of 3d charge—"Not Guilty."

Of 1st specification 4th charge—"Guilty,"—except the word "one," and substitute "three."

Of the 4th charge—"Guilty."

Of 1st specification 5th charge—"Guilty."

Of 2d specification 5th charge—"Guilty,"—except so much thereof as implies that the accused purchased said stores with the intention of receiving pecuniary benefit from their sale.

Of 3d specification 5th charge—"Guilty."

Of 4th specification 5th charge—"Guilty,"—except the words "by force."

Of 5th charge—"Guilty."

Of specification 6th charge—"Guilty."

Of 6th charge—"Guilty."

Of 1st specification 7th charge—"Guilty."

Of 2d specification 7th charge—"Not Guilty."

Of 7th charge—"Not Guilty."

SENTENCE.

And the Court do therefore sentence him, said Robert McNutt, Assistant Surgeon 38th Regiment Iowa Infantry Volunteers, "to be dismissed the service of the United States."

V. Before a Military Commission, convened at New Orleans, pursuant to Special Orders, No. 124, Headquarters Defences New Orleans, May 25th, 1864, and of which Major G. W. RICHARDSON, 11th New York Cavalry, is President, were arraigned and tried:

1. LEWIS DAVIS. (Citizen.)

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CHARGE 1ST.

*"Violating his Oath of Allegiance to the United States Government."*

**SPECIFICATION**—In this: that he, the said Lewis Davis, citizen, did on the eighth day of June, 1864, at Algiers, in the State of Louisiana, take and subscribe the following Oath of Allegiance to the United States Government, before Wm. H. Seymour, Sixth Justice of the Peace for the Parish of Orleans, to wit:

ALGIERS, June 8th, 1864.

I, Lewis Davis, of the Parish of Rapides, Louisiana, do solemnly swear, in presence of Almighty God, that I will henceforth faithfully support, protect and defend the Constitution of the United States, and the Union of the States thereunder; and that I will in like manner abide by and faithfully support all Acts of Congress passed during the existing Rebellion, with reference to slaves, so long and so far as not repealed, modified, or held void by Congress or by decision of the Supreme Court; and that I will, in like manner, abide by and faithfully support all Proclamations of the President, made during the existing Rebellion having reference to slaves, so long and so far as not modified or declared void by decision of the Supreme Court. So help me God.

And afterwards, to wit: on or about the fourth day of July, 1864, he, the said Lewis Davis, citizen, did violate his said Oath of Allegiance, by publicly declaring at Bayou Bœuf, Louisiana, that he was a Rebel—that he had taken the Oath of Allegiance six or eight times, and it, meaning his said Oath of Allegiance, did not amount to a damn—and that he, the said Davis, had been a Rebel Colonel, and he was going back to the **Rebels** again. All this, at the times and places above specified.

CHARGE 2D.

*"Treasonable and Seditious Language."*

**SPECIFICATION**—In this: that he, the said Lewis Davis, did use the following treasonable and seditious language, to wit: that he, the said Davis, was a Rebel, that he had taken the Oath of Allegiance six or eight times, and that it, meaning his said Oath of Allegiance, did not amount to a damn, and that he, the said Davis, had been a Rebel Colonel, and was going back to the **Rebels** again. All this, at the times and places above specified.

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## FINDING.

Of the specification of the 1st charge—"Guilty."

Of the 1st charge—"Guilty."

Of the specification of the 2d charge—"Guilty."

Of the 2d charge—"Guilty."

## SENTENCE.

And the Commission do therefore sentence him, the said Lewis Davis, citizen, to be confined during the war, at such place as the Commanding General may direct.

2. STEPHEN JOHNSON, colored, was arraigned and tried, on the following charges and specifications:

### CHARGE.

#### "Murder."

SPECIFICATION 1ST—in this: that he, the said Stephen Johnson, colored, did, on or about the twenty-seventh day of January, A. D., 1864, in the Parish of Point Coupee, and State of Louisiana, at the house and premises of one Frank M. Neff, he, the said Stephen Johnson, colored, being then and there present, with malice aforethought, wilfully and feloniously did kill and murder the said Frank M. Neff, a peaceable citizen of the United States, by shooting and beating him, the said Frank M. Neff, with a gun held in the hands of him, the said Stephen Johnson, colored, inflicting wounds therewith, whereof he, the said Frank M. Neff, then and there died. All this, at the time and place above specified.

SPECIFICATION 2D—in this: that he, the said Stephen Johnson, colored, did, on or about the twenty-seventh day of January, A. D., 1864, in the Parish of Point Coupee, and State of Louisiana, he, the said Stephen Johnson, colored,

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being then and there present, with malice aforethought, wilfully and feloniously
did kill and murder one Frank M. Neff, a peaceable citizen of the United States,
by shooting him, the said Frank M. Neff, with a gun, held in the hands of him,
the said Stephen Johnson, colored, inflicting wounds therewith, whereof he, the
said Frank M, Neff, then and there died. All this, at the time and place above
specified.

To which charge and specifications the accused pleaded as follows.

To the 1st specification of the charge—"Not Guilty."

To the 2d specification of the charge—"Not Guilty."

To the charge—"Not Guilty."

FINDING.

Of the 1st specification of the charge—"Not Guilty."

Of the 2d specification of the charge—"Guilty."

Of the charge—"Guilty."

SENTENCE.

And the Commission do therefore sentence him, Stephen Johnson, colored,
"to be hung by the neck, until he is dead, at such time and place as the Com-
manding General may direct;" two-thirds of the members of the Commission
concurring therein.

3. MARY S. HILL,

CHARGE.

"Having Correspondence with, and giving Intelligence to the Enemy, in violation of the 57th Article of War."

SPECIFICATION 1ST—In this, that she, the said Mary S. Hill, did, on or about the twentieth of May, 1864, at New Orleans, State of Louisiana, within the lines of the forces and army of the United States, under her own hand and name, write to one General Tom Taylor, of the so-called Confederate Army, commanding Post at Clinton, Louisiana, then being enemies of and in open rebellion against the United States Government, its laws and authority, a letter in the following words and figures, to wit:

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NEW ORLEANS, May 20th, 1864,

Corner of Hercules and Melpomene St.

SIR—A communication from you was handed me by a lady to-day, bearing date April 12th. I send my address. Communicate and state what you require, and I will do all in my power. I will be here until end of July.

Respectfully,

[ signed ] M. S. HILL.

GEN'L TOM TAYLOR,

COMMANDING POST,

Clinton, La.

and did, at New Orleans, aforesaid, within the lines of the forces and army of the United States, on or about the twenty-first day of May, 1864, forward the said last above set forth, in an envelope addressed as follows: "Captain Bouny, Provost Marshal, Mandeville," with the intent that said letter should be delivered to the said General Tom Taylor, a person in the service of the so-called Confederate Government, and an enemy of the United States. All this, at the time and place above specified.

SPECIFICATION 2D—In this: that she, the said Mary S. Hill, did, on or about the twentieth day of May, 1864, at New Orleans, State of Louisiana, within the lines of the forces and army of the United States, under her own hand and name, write to one Samuel Wm. Hill, a Captain of Engineers, in the so-called Confederate Army, then being enemies of, and in open rebellion against the United States Government, its laws and authority, a letter, in the following words and figures, to wit:

"MAY 20th, CORNER OF HERCULES AND MELPOMENE ST., New Orleans,

"MY DEAR SAM—I had a most unpleasant journey home, as I had not a pass I returned to the City. I was along with all else who came on the schooner, taken charge of by the Yankees, sent to the ladies' prison, and from thence before a Military Commission, to render a full and true account of my journey. Two days and a half I was in confinement, and for a week was kept on parole. I

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trotted about from the Provost to the inquisition, and so on, with a guard at my heels, and all the riff raff they trumped up, imagine how my English blood boiled with indignation at being treated like a criminal, last day I was asked if I had taken the iron clad. I had just laid before my interrogator Earl Russel's Passport, with which, I of course had provided myself, while in Europe last summer, also the neutral oath to which I had signed my name on landing here. Miss Hill, you need report no more. So Richard was himself again. But not himself either, for I took the scarlet fever, from which I am barely recovering; it was evidently brought on by exposure to the sun and the annoyances of every kind thrown in my way. I will never forget it to the Yankees, never. Not that it would be possible for me to hold them in greater contempt than I do at present Willey and Fan have also had the fever, and the baby has just now taken it. John has moved, as you will see by this address, he and Eliza are well, he is still at the Square. I sent your Photograph taken at Richmond. I have had more struck off for your friends; all agree that it is a very good likeness. I wrote to you by flag of truce. Fred also wrote me a letter containing her own and her uncle's likeness. If you write to Mr. Harris, Shafer, Harris, & Co., Richmond, he will forward it to you. I have seen Mr. Rhodehouse, he is glad to hear of you being well, every one is inquiring after you and wishing you were at home—weather here tremendously hot and a great deal of sickness prevailing. We have accounts of the battles in Richmond, but so hashed up to suit Northern palates, you can make neither head nor tail of the affair. But through my spectacles I see General Grant and his well whipped army with their faces towards Washington and their backs to the hated City of Richmond, except those who will take their summer residence at the Libby. Tell the boys Banks has made a splendid Commissary to Dick Taylor's Army, and they were so ungrateful as also to whip him, and very badly. I had a letter from Alonnor, he is still at Johnson's Island. I will now conclude, joined by all with love to you, ever and always

“Your Affectionate Sister,

“MARY.”

and did, at New Orleans, aforesaid, within the lines of the forces and army of the United States, on or about the twenty-first day of May, 1864, forward the said letter, last above set forth, in an envelope addressed as follows: "Mr. Samuel Wm. Hill, A. H. Campbell, Esq., Captain of Engineers, 28th and Grace st., Church Hill, Richmond, Va," with the intent that the said letter should be de-

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livered to the said Samuel Wm. Hill, a person in the service of the so-called Con-
federate Government, and an enemy of the United States. All this, at the times
and places above specified.

SPECIFICATION 3D—In this: that she, the said Mary S. Hill, did, on or about the twentieth day of May, 1864, at New Orleans, State of Louisiana, within the lines of the forces and army of the United States, under her own hand and name, write to one Mrs. Graham, a person living in Montgomery, Alabama, outside the lines of the forces and army of the United States, and within the lines of the so-called Confederate Army, then being enemies of and in open rebellion against the United States Government, its laws and authority, a letter, in the following words and figures, to wit:

“ NEW ORLEANS, May 20,

“ Corner of Hercules and Melpomene.”

“MY DEAR MRS. GRAHAM—It is very lucky that you did not come to the City, as my trip has been attended with all kinds of annoyances, in Prison two days and a half, on parole a week, and before the Military inquisition to give an account of myself, and when I was free I took the scarlet fever, I suppose from aggravation, and am only just recovering. I tell you I have had a time of it, and I bless the Yanks. Willey and Fan had the fever with me for company, and now the baby has taken it. Mrs. Morman is living in the city on Bacchus St., and busy as a bee. She says she sent a box of clothes to Mrs. Blackstone from Havana to Wilmington. You had better have inquires made after it. I have bought Lee his shoes, if I could get a way to send them, dry goods are very dear. I can only buy you one dress. Mrs. Amice is separated from her husband, she is teaching in Havana and her husband is here. Mrs. Dimitry goes into the Confederacy tomorrow or next day. I called on Mrs. Hunlin's aunt, but don't know the result yet. City very dull, very hot, and full of sickness, and as to lies about the battles in Virginia, it is quite ridiculous, the news-boys say they are all damned lies, even they can't stomach them. Fred is well and teaching in Madame Deron's school, only home occasionally. I feel too bad to-day to write much, but if you receive it I wish you would write to my brother, as dear knows whether he will hear from me—write me all the news about our friends in Virginia, and joined by my sister-in-law with my love to you all, believe me yrs.,”

“ Affectionately,

[Signed] “M. S. HILL.”

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"Ask Mrs. Hantin what kind of a woman Mrs. McGuinness of the True Delta is."

and did, at New Orleans, aforesaid, within the lines of the forces and the army of the United States, on or about the twenty-first day of May, 1864, forward the said letter last above set forth, in an envelope addressed as follows: "Mrs. Graham, Louis Graham, Esq., Daily Mail Office, Montgomery, Ala.," with the intent that the said letter should be delivered to the said Mrs. Graham, a person residing beyond the lines of the forces and army of the United States, and within the lines of the forces and army of the so-called Confederate States, then being enemies of and in open rebellion against the United States Government, its laws and authority. All this, at the times and places above specified.

To which charge and specifications the accused pleaded as follows:

* To the 1st specification of the charge—"Not Guilty."

* To the 2d specification of the charge—"Not Guilty."

* To the 3d specification of the charge—"Not Guilty."

* To the charge—"Not Guilty."

### FINDING.

* Of the 1st specification of the charge—"Guilty."

* Of the 2d specification of the charge—"Guilty."

* Of the 3d specification of the charge—"Guilty."

* Of the charge—"Guilty,"—except the words "and giving intelligence to."

### SENTENCE.

And the Commission does therefore sentence her, the said Mary S. Hill, "to be confined during the war at such place as the Commanding General may direct."

VI. Before a General Court Martial, convened at Baton Rouge, La., pursuant to Special Orders No. 212, Headquarters, U. S. Forces, District of Baton Rouge, June 6th, 1864, and of which Colonel JOSHUA GUPPY, 25th Wisconsin Vols, is President, were arraigned and tried:

1. 2d Lieutenant G. M. BEATTY, 2d La. Cavalry.

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CHARGE. 1ST.

*“Violation of 9th Article of War.”*

**SPECIFICATION**—In this: that he 2d Lieut. G. M. Beatty, 2d La. Cavalry, when ordered to his quarters in arrest by the commanding officer, did refuse to go, and did say in a loud tone that he, the commanding officer, would have to prefer charges against him for breaking his arrest. All this at the camp of the 2d La. Cavalry, Baton Rouge, La., June 10th, 1864.

CHARGE 2D.

*“Breach of Arrest.”*

**SPECIFICATION**—In this: that he, G. M. Beatty, 2d Lieut., 2d La. Cavalry, after having been placed in close arrest in his quarters, did leave the same and mingle with officers and enlisted men, and did leave the camp.

CHARGE 3D.

*“Conduct unbecoming an Officer and a Gentleman.”*

**SPECIFICATION**—In this: that he, 2d Lieut. G. M. Beatty, 2d Louisiana Cavalry, when ordered to his quarters by the Officer of the Day, did use loud and insulting language towards the said officer, and behave himself in such manner as to make it necessary to have him conveyed under guard to his tent, and a sentinel placed over him.

**SPECIFICATION 2D**—In this: that he, 2d Lieut. G. M. Beatty, 2d La. Cavalry, did threaten the lives of the Officer of the Day, Lieut. Charles Smith, and the sentinel on post before his tent, and did display his revolver in a threatening manner. All this, in presence of officers and enlisted men, in the camp of the 2d La. Cavalry, at Baton Rouge, La., June 10th, 1864.

*Of the specification 1st charge*—“Not Guilty.”

*Of 1st charge*—“Not Guilty.”

*Of the specification 2d charge*—“Not Guilty.”

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Of the 2d charge—“Not Guilty.”

Of specification 1st, 3d charge—“Not Guilty.”

Of specification 2d, 3d charge—“Not Guilty,”

Of 3d charge—“Not Guilty.”

FINDING.

Of the specification 1st charge—“Guilty.”

Of the 1st charge—“Guilty.”

Of the specification 2d charge—“Guilty,”—excepting of the words “and enlisted men.”

Of the 2d charge—“Guilty.”

Of 1st specification 3d charge—“Guilty.”

Of 2d specification 3d charge—“Guilty.”

Of 3d charge—“Guilty.”

SENTENCE.

And the Court does therefore sentence him, 2d Lieut. G. M. Beatty, 2d La. Cavalry, “to be dismissed the service.”

VII. Before a General Court Martial, convened at Headquarters, 1st Brigade, Cavalry Division, pursuant to Special Orders, No. 101, Headquarters, Cavalry Division, Department of the Gulf, June 9th, 1864, and of which Captain RICHARD ELLIOTT, 2d Louisiana Mounted Infantry, is President, were arraigned and tried:

1. Private JOHN MONEHAN, Company K, 14th New York Cavalry.

CHARGE.

“Mutinous Conduct.”

SPECIFICATION—In this: that he, the said John Monehan, Private, Company K, 14th New York Cavalry, did, upon the night of the 1st of March, or thereabouts, and after “Taps,” make use of the following language to his commanding officer: “I’ll be damned if I do a bit of duty until I get my rights. I have not received my full rations;” and conducting himself generally to the prejudice of good discipline. All this, at camp near Franklin.

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To the specification—"Guilty."

To the charge—"Guilty."

FINDING.

Of the charge—"Guilty."

SENTENCE.

And the Court does therefore sentence him, Private John Monehan, of Co. K, 14th New York Cavalry, "to hard labor at Ship Island, or such other place as the Commanding General may direct, for the period of three years, and to forfeit all pay becoming due during his confinement, except three dollars per month allowed for laundress."

2. Private MICHAEL O'NIELL, Company G, 2d Louisiana Mounted Infantry.

CHARGE.

"Murder"

SPECIFICATION—In this: that he, Private Michael O'Niell, alias John O'Niell, Company G, 2d Louisiana Mounted Infantry, did discharge a musket or rifle at his superior officer, 1st Lieutenant E. C. Thayer, 2d Louisiana Mounted Infantry, while in the discharge of his duty, with intent to kill him or some other person, thereby mortally wounding the said 1st Lieutenant E. C. Thayer, who has since died from the effects of the wounds received. This at Alexandria, La., on or about the 1st day of May, 1864.

To the charge—"Not Guilty."

FINDING.

Of the charge—"Guilty."

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SENTENCE.

And the Court does therefore sentence him, Private Michael O'Niell, Company G, 2d Louisiana Mounted Infantry, "to be shot to death with musketry, at such time and place as the Commanding General may direct;" two-thirds of the members concurring in the sentence.

VIII. Before a General Court Martial, convened at Port Hudson, La., pursuant to Special Orders, No. 78, Headquarters 1st Division, Corps d'Afrique, May 19th, 1864, and of which Captain C. H. MERRITT, 76th U. S. Infantry, Colored, is President, were arraigned and tried:

1. Private JIM HAGAN, Company B, 76th U. S. Infantry, (Colored.)

CHARGE 1ST,

"Absence without Leave."

SPECIFICATION 1ST—That Private Jim Hagan, Company B, 76th U. S. Infantry, (Colored,) was absent from his Company without permission from proper authority, on or about the 21st day of April, 1864.

SPECIFICATION 2D—That Private Jim Hagan, Company B, 76th U. S. Infantry, (Colored,) was absent from his Company without permission from proper authority, between the hours of 12 P. M., and Reveille, on or about the 22d day of April, 1864.

SPECIFICATION 3D—That Private Jim Hagan, Company B, 76th U. S. Infantry, (Colored,) was absent from his Company without permission from proper authority, between the hours of 8 A. M., and 6 P. M., on or about the 22d day of April, 1864.

SPECIFICATION 4TH—That Private Jim Hagan, Company B, 76th U. S. Infantry, (Colored,) was absent from his Company without permission from proper authority, on or about the 27th day of April, 1864.

SPECIFICATION 5TH—That Private Jim Hagan, Company B, 76th U. S. Infantry, (Colored,) was absent from his Company without permission from proper authority, on or about the 30th day of April, 1864.

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CHARGE 2D.

"Conduct Prejudicial to Good Order and Military Discipline."

SPECIFICATION 1ST—In this: that he, Private Jim Hagan, Company B, 76th U. S. Infantry, (Colored,) when halted by the guard at the Contraband camp at Port Hudson, did reply, that "if he could not get into the Contraband camp by fair means he would use force," or words to that effect, and did also raise and cock his gun—which he had with him—on the guard.

SPECIFICATION 2D—In this: that he, Private Jim Hagan, Company B, 76th U. S. Infantry, (Colored,) did refuse to halt when commanded so to do by the camp guard of his Regiment, and did pass the sentinel, for which disobedience he was arrested. All this, at Port Hudson, in the State of Louisiana.

ADDITIONAL CHARGE AND SPECIFICATION.

CHARGE.

"Desertion."

SPECIFICATION—In this: that Private Jim Hagan, Company B, 76th U. S. Infantry, (Colored,) having been duly mustered into the service of the United States, did desert from the guard house of his Regiment, between the hours of 9 o'clock P. M., May 15th, 1864, and 7 o'clock A. M., May 16th, 1864, and did remain absent from his Company and Regiment until the 20th day of May, 1864, when he was arrested by the Provost Guard and confined in the Post guard house. This at Port Hudson, La.

To which the accused pleaded as follows:

To the 1st specification 1st charge—"Not Guilty."

To the 2d specification 1st charge—"Not Guilty."

To the 3d specification 1st charge—"Not Guilty."

To the 4th specification 1st charge—"Not Guilty."

To the 5th specification 1st charge—"Not Guilty."

To the 1st specification 2d charge—"Not Guilty."

To the 2d specification 2d charge—"Not Guilty."

To the specification of the additional charge—"Not Guilty."

To the additional charge—"Not Guilty."

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FINDING.

Of the 1st specification 1st charge—"Guilty."

Of the 2d specification 1st charge—"Guilty."

Of the 3d specification 1st charge—"Guilty."

Of the 4th specification 1st charge—"Guilty."

Of the 5th specification 1st charge—"Guilty."

Of the 1st charge—"Guilty."

Of the 1st specification 2d charge—"Guilty."

Of the 2d specification 2d charge—"Guilty."

Of the 2d charge—"Guilty."

Of the specification of the additional charge—"Guilty."

Of the additional charge—"Guilty."

SENTENCE.

And the Court does therefore sentence him, Private Jim Hagan, Company B, 76th U. S. Infantry, (Colored,) "to be shot to death with musketry, at such time and place as the Commanding General may direct;" two-thirds of the members concurring therein.

IX...1. The proceedings, finding and sentence in the case of Private Henry Hamilton, Company I, 2d Regiment U. S. Colored Troops are approved.

The enormity and character of the crimes proven in this case do not admit of Executive clemency. It is hoped that the sad fate of this man, which is as just as it is severe, may have a salutary effect in detering others from the fatal error into which he has fallen.

He, the said Private Henry Hamilton, Company I, 2d Regiment U. S. Colored Troops, will accordingly be shot to death with musketry, in the presence of the 2d Regiment U. S. Colored Troops, between the hours of sun rise and sun set, on the fourth day of November, 1864. The Commanding Officer of the District of Key West and Tortugas, is charged with the execution of this sentence, and will designate the place of execution.

2. In the case of Seth M. Winsted, leading and illegal questions were asked, and testimony grossly improper received, for which the Court is censured. The finding and sentence are disapproved; the prisoner will be released on taking the

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oath of allegiance and giving bonds in the sum of $2,000, otherwise to be transported beyond the lines as an enemy, not to return under penalty of death.

3. In the case of Quartermaster Sergeant John Strandler, 1st Missouri Light Artillery, the proceedings are disapproved. The prisoner will be returned to his Battery for duty.

4. In the cases of Captain H. G. Ingham, 1st Lieutenant M. C. S. Gray, and 2d Lieutenant G. M. Severy, of 1st Louisiana Mounted Infantry, the evidence does not sustain the findings. The finding and sentence in each case are disapproved. Captain H. G. Ingham, 1st Lieutenant M. C. S. Gray, and 2d Lieutenant G. M. Severy, 1st Louisiana Mounted Infantry, will each resume his sword and return to duty.

5. In the cases of Lewis Davis, citizen, and Private John Monehan, Co. K, 14th New York Cavalry Volunteers, the proceedings, findings, and sentences are approved. The place of confinement designated is Fort Jefferson, Florida. The Provost Marshal General is charged with the execution of this order.

6. In the case of Stephen Johnson, (colored,) the proceedings, finding, and sentence are approved. He will accordingly be hung by the neck, until he is dead, between the hours of sun rise and sun set, on the 17th day of October, 1864, at such place as the Provost Marshal General, Department of the Gulf, who is charged with the execution of this order, shall designate.

7. In the case of Private Michael O'Niell, 2d Louisiana Mounted Infantry, the proceedings are approved. The sentence is commuted to confinement at hard labor at Fort Jefferson, Florida, for life.

8. In the case of Private Jim Hagan, Company B, 76th U. S. Colored Infantry, the Record is so grossly irregular that it is impossible for the Major General Commanding to pass it by without censure. It seems incredible, that at this stage of the war a Court Martial could be found which would express its findings thus:

> Of the 1st specification 1st charge—"Guilty."

" 2d " " " "

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" " 4th " " " "

" " 5th " " " "

" " 1st charge " " " "

" " 1st specification 2d charge " "

" " 2d " " " "

" " 2d charge " " " "

" " specification add'l charge " " " "

" " additional charge " " " "

It seems more incredible that such a finding could pass two Reviewing Officers before arriving at these Headquarters, and that, too, in a capital case.

The Court, the Judge Advocate, and the Reviewing Officers deserve serious censure, for adopting as the basis of a sentence of death, a style of Record that would scarce pass muster, in stating an account in ordinary dealings. The finding, and sentence are disapproved, and the accused will be returned to duty.

9. In the case of Mary S. Hill, the proceedings and findings are approved. The sentence is so modified as to direct that said Mary S. Hill be sent into the so-called Confederacy as an enemy. The Provost Marshal General, Department of the Gulf, is charged with the execution of this order.

10. In the cases of 2d Lieutenant Henry French, 11th New York Cavalry, 1st Lieutenant S. Gardner Lewis, Company F, 74th U. S. Colored Infantry, Assistant Surgeon Robert McNutt, 38th Regiment Iowa Infantry Volunteers, and 2d Lieutenant G. M. Beatty, 2d Regiment Louisiana Cavalry Volunteers, the proceedings, findings, and sentences are approved. They therefore cease to be officers of the United States from the date of this order.

BY COMMAND OF MAJOR GENEBAL HURLBUT:

GEORGE B. DRAKE,

Assistant Adjutant General.

OFFICIAL:

Acting Assistant Adjutant General.