r as may be practicable, for the Trial of Captain [I omit
from the record the name of the accused], 104th N. Y. Vols., and such
other officers as may be brought before it.
Detail for the Court.
Lt. Col. W. A. LEACH, [Here follow the names
90th P. V. of Captains Bryant,
Lt. Col. THEO. GREGG, Black, Clapp, Burkart,
45th P. V. Weiss (?), Reilly (?),
Major J. W. BYRON, Moody, and the name
88th N. Y. V. of the Judge Advocate,
Capt. G. M. DICKERMAN, Lt. and Adjt. James A.
26th Mass. V. Clark, 17th Pa. Cav.]
By order of the Officers of the 2d Floor,
JAMES CARLE,
Col. 190th Pa. Vols., Senior Officer.
DANVILLE MIL. PRISON, VA., 10 o'clock A.M., 31st, Oct. 1864.
The Court met pursuant to the foregoing order. Present all the members.
The Court then proceeded to the trial of Capt. [we again omit the name
of the accused], 104th N. Y. Vols.
The Judge Advocate stated that he had acquainted the accused of the
order convening the Court, to which he replied in the words following,
to wit: "What is that to do with me? I recognize no authority in this
prison to convene a court martial," or words to that effect.
The accused having refused to appear, the members of the Court were duly
sworn by the Judge Advocate, and the Judge Advocate was duly sworn by
the President of the Court. The accused, Capt. [again we omit the name],
104th N. Y. Vols., was arraigned on the following charges and
specifications:
Charge--Conduct unbecoming an officer and a gentleman.
Specification--In this: That Capt. [we again omit], 104th N. Y. Vols.,
without provocation, did say in the hearing of several officers to
Lieut. Col. Homer B. Sprague, 13th C. V., speaking in coarse and
ungentlemanly manner the words following, to wit: [here we omit the
language uttered as being too vile and filthy to print]; that he did
several times repeat the same in a coarse and angry tone, and used other
vulgar and indecent expressions in an insulting tone and manner. This at
Danville Mil. Prison, Va., in the lower room thereof on the 29th day of
October, 1864.
The accused refusing to appear, the Judge Advocate was directed by the
President to enter the plea of Not Guilty.
To the Specification, Not Guilty.
To the Charge, Not Guilty.
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