Related files
- the articles of war (1806) [these include rules for court martials]
- army regulations
Cases that did not involve courts martial
Charles Henry (H) was under arrest on 5 Mar 63. He was released from arrest on 12 March 1863.
Benjamin Tayman (F&S) was placed under arrest by order of General Tyler on 13 May 63.
See Special Order No 60 (Head Quarters 1st Division 5th Corps, 22 April 1864) and letter (Sinex to Marvin, 19 Mar 64) for an interesting case that did not involve a court martial. On the advice of the brigade and regimental commanders, Frank Braceland was punished for desertion, without being court martialed. Sinex claimed that he had been sent to the Peninsula after being arrested, and hadn't received pay for 11 months, but the company E descriptive book claims he was arrested only on the day before Sinex's letter. He lost his pay and allowances for the time he was absent and was required to make good the time he had missed serving. He later deserted again, on 23 June 1864.
Sinex also asked that Henry Buckley (co I) be released from arrest, because he could not prove that Buckley had enlisted in four different regiments, as had been alleged. Buckley deserted on 17 April 1865. (See letter, Sinex to Marvin, 19 March 1864)
Joseph H Smith was also arrested as a deserter, and not tried. He was referred to his Company Commander, who returned him to duty without trial.
John Perkins, co G, was released from arrest on 25 Dec 63
Isaac Thomas, co D, was released from arrest on 10 Mar 64
On 13 Mar 64, 9 enlisted men were "in confinement"; I do not know why or what happened to them.
On 18 Mar 64, these men were released from arrest and restored to duty, but the pay for the time absent, transportation, and the reward authorized for deserters, along with the cost of any lost property, were deducted from their pay: Frederick Fraters (A), John F. Walter (B), John McCormick (D), Isaac Goodman (F), John Bartholomew (F), John Kenedy (I)
Two enlisted men were released from confinement in the week ending 15 April 1864 (letter, Sinex to Winthrop, 15 Apr 64)
Robert Stewart (D) was released from arrest on 24 Feb 64 (special order 10, HQ 91st PA, 24 Feb 64
John Wood (H) was reduced to the ranks for being awol, on 28 Mar 64 (special order 29, HQ 91st PA, 28 Mar 64). Corporal William Cloud (K) was reduced to the ranks for "using insolent language to his superior officers" on 10 September 1864.
On 20 October 1864, two men were ordered reduced to the ranks, with no mention of a court martial: Josiah Huntzenberg (D) for disobedience of orders and conduct prejudicial to good order and military discipline, and William Hagerman (D) for being absent without leave. (See demotions for more cases.)
George Justice (D) and William Tinney (D) released from arrest on 29 November 1864. We have some evidence that Justice was tried by a regimental court martial; perhaps Tinney was also.
On 1 Dec 64, Asher Manning (G) was returned to duty, but had to forfeit all pay for time awol, and to do police duty around the camp for one month besides all other duties. The order does not refer to a court martial.
Courts martial
On 18 June 1863, Sinex ordered company commanders to investigate any questionable cases of straggling by field court martial
Charges were brought against Burkett [either Charles or Elias Burkett], and Hood [presumably James Hood, co H] (letter, Gregory to Marvin, 19 November 1863).
The following members of the 91st PA were court martialed. This list is surely not complete. I hope to obtain copies of the court-martial records (for all those who were tried before a general court martial), but that will not happen quickly.
- Abbott, Peter M, private, 62nd PA (and then co K, 91st PA)
-
Before his General Court Martial, a guard of one man was placed over him (on 2 Aug 1864). He was found guilty, and sentenced:
to forfeit all pay and allowance from then on
to make good the time lost by being absent without leave (by serving in the 91st PA)
to be dishonorably discharged
(According to Bates, he was dishonorably discharged on 20 October 1864.)[sources: special order 69, 91st PA, 2 Aug 1864; special order 72, 91st PA, 16 Aug 1864]
- Blum, John (K)
-
He received a furlough for ten days on 10 October 1864, because his family was ill.
He did not return. He was arrested as a deserter and returned to the 91st on 9 January 1865
He was charged with "absence with [sic] leave".
[sources: charges and specification against John Blum] - Bond, Louis (B)
- He was transferred from the 118th PA. Probably while he was in the 118th, a general court martial ordered him to forfeit $4 per month of his pay for 4 months.
- Bowman, Alpheus (B)
-
He was charged with "Conduct unbecoming an officer and a gentleman" (see Articles of war, article 83) (specification: "That Captain Alpheus H. Bowman, Company B, 91st Regiment Pennsylvania Volunteers, did use coarse and ungentlemanly language towards Lieutenant Morris Kayser; saying 'You are a liar, you God damned son of a bitch,' and did then and there raise his hand and strike him, the said Lieutenant Morris Kayser, in the face. This at Regimental Headquarters, Alexandria, Va., July 26th, 1862.").
He was found guilty by a General Court Martial, and sentenced to be dismissed.
The Court Martial recommended that the sentence be reduced, but on 12 September 1862, the original sentence was confirmed, and he was dismissed.
However, he was recommissioned on 15 December 1862.
[sources: regimental descriptive book; general order 27, HQ Military District of Washington, 12 Sep 62; court-martial record] - Boyd, Robert (F)
- reduced to the ranks by order of court martial, 31 Mar 63
- Boyer, John (K)
- He was reduced to the ranks by order of general court martial, on 25 Apr 64.
- Brewster, Enoch Carroll (F)
-
He was charged with
- "Drunkenness on duty"
"That Second Lieutenant E. Carroll Brewster, Company F, 91st Regiment Pennsylvania Volunteers, while on duty as Officer of the Guard at slave pen, did become so drunk as to be unable to perform his duty properly. This at Alexandria, Va., on or about the 8th day of August, 1862."
-
"Violation of 81st Article of War"
"That second Lieutenant E. Carroll Brewster, Company F, 91st Regiment Pennsylvania Volunteers, while on duty as Officer of the Guard at slave pen, did release without proper authority Private Levi Elder, 69th Regiment New York Volunteers, placed under his charge by Captain John D. Lentz, 91st Regiment Pennsylvania Volunteers, Deputy Provost Marshal, and Private [Patrick] Gallagher, of Company B, 91st Regiment Pennsylvania Volunteers. This at Alexandria, Va., on or about the 8th day of August, 1862."
[sources: regimental descriptive book; general order 27, HQ Military District of Washington, 12 Sep 62] - "Drunkenness on duty"
- Buck, Jacob, private (A)
-
discharged by sentence of general court martial, perhaps because he had deserted on 21 Nov 61
[sources: Bates, Register of deserters (in company descriptive book)]
- Buckley, Henry, private, co I
-
reported dropped 12 August 1864 by sentence of court martial, general order 39 headquarters Department of Susquehanna 16 July [?] 1864
[source: consolidated morning report, 91st PA, 12 Aug 64] - Burgin, Michael, private, co E
-
He deserted in May 1863 after the Battle of Chancellorsville, and joined the Invalid Corps. The War Department ordered him returned and tried for desertion.
He was charged with desertion, and tried before a general court martial on 17 September 1864, at the 2nd Brigade 1st Division 5th Corps (Col A L Pearson, 155th PA, President). He was found not guilty of desertion but guilty of absence without leave, and sentenced:
to forfeit all pay and allowances due him to 21 September 1864
to serve three months after the expiration of his original term
The sentence, however, was not to affect his bounty.
He was eventually discharged when his term expired.
[sources: General Order no 56, Head Quarters, 1st Division 5th Corps, 18 October 1864, Michael Bergin; descriptive roll, company E; register of deserters, co E, entry 14]
- Clonohan, Bernard (B)
-
A general court martial sentenced him (while in the 118th PA) to forfeit his pay and allowances from 27 August to September 1864, to forfeit $10.00 of his monthly pay for twelve months, to have $14.75 [?] deducted for clothing, and to have $30 deducted for his apprehension.
[source: company B, [third] descriptive roll, entry 106]
- Clough, Franklin G, private, co A
-
He was released from arrest and returned to duty by sentence of a court martial, on 5 November 1863.
The 2nd division headquarters sent an order about his court martial, dated 27 October 1863. (According to Bates, he was promoted to Corporal on 1 May 1865, and mustered out with the company.)
[sources: general orders received, #154, 26 December 1863; consolidated morning report, 91st PA, 5 Nov 63]
- Collins, John (D)
- sentenced by general court martial to forfeit $10 per month for 3 months, and to make good all time lost
- Crouse, George J, private, co K
-
He was found guilty, and sentenced:
to make good the time lost by desertion
to forfeit all pay and allowance for the balance of his term, except for necessary food and clothing
to work at hard labor 10 hours per day for balance of his term
[sources: special order 72, 91st PA Volunteer Infantry, 5 Sept 1863 (reported after special order 73)]
- Davenport, Charles, 118th PA
- tried by gcm for desertion, sentenced to forfeit all pay and allowances due him, to forfeit ten dollars per month for twenty months, and to make good the time he had lost by deserting
- Donahue, Frank P, corporal, co E
-
He left without permission from Camp Distribution Virginia either on 21 December 1864 or on 29 December 1864. He was arrested at Philadelphia PA on 10 January 1865, and was tried by a general court martial at Alexandria Virginia, of which Major Alexander Walker 7th Michigan Cavalry was president. He was charged with
- desertion
to lose all pay & allowances then due him
to make good the time lost by his absence, serving in the 91st PA
[sources: General Order No 104, Headquarters, Military Governor, Alexandria Virginia, 4 February 1865; company E descriptive book, entry 30; register of deserters, company E, entry 19]
- Garrity [Garaity?], John, private, co E
-
He deserted on 14 July 1864, apparently from McClellan Hospital, Philadelphia PA. He was arrested 29 October 1864, at Philadelphia Pennsylvania, and about 2 November 1864 was delivered to Captain Jacob S Stretch, Provost Martial. He was originally charged with:
- absence without leave
to serve with whatever regiment the commanding general directed
to forfeit all pay and allowances then due him
to forfeit ten dollars per month for the duration of his term
to make good all time lost by his absence
[sources: charge and specification, Head Quarters, Provost Marshall Third District Pennsylvania, 2 November 1864; general order number 30 [?], Military Governor, Alexandria Virginia, 14 January 1865; descriptive roll, company E, entry 100; register of deserters, company E, entry 21]
- Gilbert, Joseph, captain, co C
-
Eli Sellers was absent at a court martial.
While he was absent, the regiment was paraded for review, in front of the division hospital, under Theodore Hope's command.
Joseph Gilbert was then commanding the first division.
When Sellers returned, Hope said something like "I suppose I'm relieved. I may get out of this", but Sellers ordered him to take command of the first division.
Sellers then realized that Gilbert had had command of the first division, and sent the adjutant to take command of company F.
Gilbert then came next to Sellers, on the way to company F, and asked whether he should take command of his own company.
Sellers repeated that his orders were to take command of company F, and Gilbert replied that there was some "God damned funny things [or work] going on here".
Sellers immediately placed him under arrest, and ordered him to go to his quarters.
On the 23rd, he was charged with:
- disobedience of orders
- contempt and disrespect towards his commanding officer [or perhaps conduct prejudicial to good order and military discipline]
By order of General Court Martial, he forfeited one months pay and allowances (G. O. number 6, 13 March 1865, Head Quarters 1st Division 5th Army Corps). He was again to be paid for commanding company C beginning 8 June 1865 (4).
[sources: charges and specifications preferred against Captain Joseph Gilbert, 23 March 1865; letter, Lt Col Sellers to Col Fred T Locke, 31 May 1865; court-martial record]
- Green, Joseph, private, company E
-
He was charged with
- absence without leave, and
- misbehavior before the enemy
to forfeit $10 pay per month for six months
The Court explicitly referred to mitigating factors present in the testimony. In particular, Green was sick, apparently from drinking contaminated water and from a shellburst, and was treated at the Division Hospital during his absence.[sources: general order 60, 1st Division, Fifth Corps, 19 November 1864; descriptive roll, company E, entry 36; court martial record]
- Hamill, John, first lieutenant, co D
-
He was arrested for being drunk on duty.
He was charged with:
- "Drunkenness on duty"
'In this that the said 1st Lieut John L Hammil Co "D" 91st Regt Pa Vet Vols, while upon duty upon the picket line, in charge of the picket detail from his Regiment, was found drunk. All this on or about the 21st day of October 1864 near Peebles Farm Va.'
[sources: OAR; letter, Sellers to Bartlett, 8 November 1864; co.D, list of commissioned officers; record; letter, Hamill to Secretary of War, 11 Feb 1875]
- "Drunkenness on duty"
- Hope, Theodore A, sergeant, co E
-
He was arrested on 9 May 1864, and was released from arrest on 28 June 1864, because the regiment had no record of an order placing him under arrest. He then still faced a court martial. (He was promoted on 2 July 1864 to First Lieutenant.)
[sources: special order 53, headquarters, 91st PA, 28 June 1864]
- Justice, George W, private, co D
-
A regimental court martial was appointed to try him in October 1864. (According to Bates, he mustered out with his company in July 1865.)
On 29 November 1864, he was released from arrest and returned to duty.
[sources: special order 99, HQ 91st PA, 21 Oct 1864; special order 114, HQ 91st PA, 29 Nov 64] - Kayser, Morris, first lieutenant, co B
-
He was tried by a general court martial, with Lt Col Lewis Ernst (140th NY) presiding, at the 3rd Brigade 2nd Division 5th Corps camp. He was charged with:
- absence without leave
While his company was on picket duty, on or about 19 February 1863, and he was reported sick in camp, he went to Philadelphia, and did not return until 23 February.
- positive and wilful disobedience of orders
When he was relieved as acting adjutant, on 11 June 1863, he refused to return to duty with his company.
- absence without leave
He left the regiment and went to Washington DC on 2 July 1863, although he had permission only to move to the rear of the regiment, and did not return until 19 July 1863.
He pled guilty to the first charge and the specifications, except that he pled not guilty on the specification of leaving while the regiment was on picket duty. He pled guilty to the second charge and the specification, but explained that his "feelings as an officer and a gentleman" would not let him serve with Bowman, and that he had repeatedly attempted to resign when Bowman was reinstated. He pled not guilty to the third, claiming that he had been sent from the division hospital to Baltimore because he was unfit for duty, and had returned, through Washington, as soon as he had recovered. He was found guilty on all counts, except for having been absent without leave while the regiment was on picket duty, and sentenced:
to forfeit all pay and allowances for 2 months
Major General Fred T Locke found the penalty completely inadequate, claiming that the offenses merited death, and that dismissal would be a lenient punishment. Nevertheless, he affirmed the sentence. Perhaps he did not have the authority to reject it because it was too lenient; the 1806 Articles of War, article 89, gives commanders authority to reduce punishments, but does not mention requiring retrials.
[sources: court-martial record; letter, Lt Col Sinex to Capt A S Marvin, 2 August 1863; charges and specifications preferred against Morris Kayser; general order 36, 5th Army Corps, 22 August 1863]
- absence without leave
- Knecht, John, private, co A
-
At some point (probably about the time the regiment mustered out on 10 July 1865), he was serving time at Fort Delaware by sentence of a general court martial.
According to Bates, he was discharged on 1 July 1865 by general order.
According to the regimental records, he was discharged by sentence of court martial, general order 47, Headquarters, Military Governor, Alexandria, Virginia, 7 September 1864.
[source: company A descriptive roll, entry 37, consolidated morning report 91st PA, 15 September 1864]
- Koshland, Nathan, private, co.A
-
He was charged with stealing; "Specification - In this, that the said Private Nathan Kotchland, Co "A" 91st Reg. Penna. Vols. did steal certain eatables, viz.: - one half of a ham, three pounds of sausage, two pounds of Bologna & one roast chicken, the private property of Sergeant Charles P. Arnold & Privates Charles Conell, Charles J. Able & Samuel D. Crawford, all of Co. "D" 129th Pa. Vols. All this at the quarters of Co. "D" camp of the 129th Pa. Vols. near Falmouth Va, on the night of the eighth day of January A.D. 1863 between the hours of 10 & 11 P.M." After a trial by too few members of a court, he was tried on 15 January 1863, pleaded guilty, and was sentenced to lose two-thirds of his pay and to serve the rest of his enlistment at hard labor
[source: court martial, Nathan Kotchland, National Archives, Record Group 153 (Judge Advocate General, Army), file KK 691; court martial, Nathan Kotchland, 15 January 1863, National Archives, Record Group 153 (Judge Advocate General, Army), file K664]
- Leidheiser, Daniel B, private, co K
-
He was sentenced:
to forfeit $10 per month for 3 months
to work at hard labor 6 hours per day for 30 days
[sources: special order 72, 91st PA, 3 Sept 1863 (reported after special order 73)]
- McCarty, Dennis, private, co E
-
He left the regiment at Falmouth Virgina, on or about May or 6 June 1863, and was caught in Philadelphia on or about 24 January 1864, in civilian clothing. He was charged with desertion, before a general court martial (Alexandria VA, Lt Col J Steadman 42nd Mass Vols, President), convened on 13 September 1864. On 5 October 1864 he was found guilty, and sentenced:
to lose all pay and allowances due him
to forfeit ten dollars per month for fifteen months
to make good all the time lost by his desertion
[sources: General order 75, Head Quarters Military Governor Alexandria VA, 5 Oct 1864; descriptive roll, company E, entry 63; register of deserters, co E, entry 12]
- McCoy, John, private, co D
-
He was found guilty, and sentenced:
to forfeit $10 per month for 3 months
to carry a 30-pound log 6 hours a day for 30 days
[sources: special order 72, 91st PA, 3 Sept 1863]
- McDermott, Robert, private, co K
- dishonorably discharged 1 May 1863 by sentence of general court martial
- Robinson, John, private, co E
-
He left without permission either 1 or 10 June 1864, at Spotsylvania Virginia. (He had intentionally wounded himself at the Battle of the Wilderness.) He was arrested at or near Delaware County Pennsylvania or Philadelphia on or about 20 or 25 December 1864. He was tried before a general court martial at Alexandria Virginia, convened 23 January 1865, of which Captain H. J. Hawkins 6th Md Vols was president. He was charged with
- desertion
to forfeit all pay and allowances then due him
to forfeit ten dollars per month for twelve months
to make good all time lost by his absence, serving with the 91st PA
[sources: general order no 102, Head Quarters, Military Governor Alexandria Va, 3 Feb 1865; register of deserters, company E, entry 20; descriptive roll, company E, entry 135]
- Savage, Amos, private, co K
-
He was absent at muster out, by sentence of a general court martial
[source: Bates]
- Sourmillen, William (118th PA)
- sentenced by general court martial to 2 years imprisonment in penitentiary for desertion; started 23 [?] Nov 63
- Stewart, co F
-
This is probably James Stewart, private, co F. He was confined from 19 April 1864 through 22 or 23 April 1864, by sentence of Court Martial.
[source: guard reports, 19 April 1864, 20 April 1864, 21 April 1864, 22 April 1864]
- Stottsenburg, Jeremiah, 118th PA
- convicted by GCM of desertion; sentenced to hard labor on public works until 9 December 1865, to be branded with the letter 'D', and to be dishonorably discharged
- Sweed, George W, private, co D
-
A field officers court martial was appointed to meet 31 May or as soon as practicable after that to try him.
The only officer appointed was John Casner.
(According to Bates, he mustered out with his company in July 1865.)
[sources: special order 30, 91st PA, 30 May 1865] - Walter, Thomas, first lieutenant, co A
-
He was charged with disobeying orders on 31 Dec 1864. He was
found guilty, and sentenced to be cashiered.
[sources: court martial file; other sources, with a fuller summary] - Wooden, Robert, private, co E
-
He left his hospital on 29 July 1864, and went to Philadelphia. He was arrested on 4 or 5 September 1864. He was charged with
- desertion
to forfeit $10 per month for six months
to make good all time lost by his absence
[source: Special order 24, Head Quarters Military Governor Alexandria VA, 10 January 1865; descriptive roll, co. E, entry 78; register of deserters, company E, entry 17]
- Woolson, John L (118th PA, 91st co.I)
- sentenced by GCM to forfeit all pay and allowances and to make good time of absence (2 months and 10 days)
- Wright, John, private, co G
-
He was charged with absence without leave, having left the camp near Hatchers' Run, Virginia, without permission, on or about 8 March 1865.
He was arrested at City Point, and returned to the 91st on 12 March 1865.
A regimental court martial was appointed to try him, in March 1865.
According to Bates, he deserted on 30 March 1865.
[sources: special order 19, 91st PA, 22 March 1865; Charge and specifications preferred against John Wright]