Adjutant and Inspector General’s Office, 
GENERAL ORDERS, ? 
No. 73. $ 
Richmond, June 2, 1863. 
I. At the Military Court held for the Army of Lt. Gen. Polk, at Shel- 
byville, Tenn., April 14th, 1863, was tried: 
Capt. W. W. W. Wood, Company L, Blythe’s Regiment of Miss- 
Voluuteers, on the following charge and specifications: 
Charge, - - Conduct unbecoming an officer and gentleman. 
. # i 
Specifications.—The Ist and 3d are omitted. The 2d is as follows; 
Specification 2—ln this, that the said Capt. W. W. W. Wood, Company 
L, Blythe’s Miss. Regiment of Volunteers, remained in camp four days 
preceding and during the battle of Murfreesboro’, but came to his com- 
pany the day after said battle, to wit, January 1, 1863, and took com- 
mand of his company until a part of the regiment, his company included, 
was ordered forward to support the sharp shooters who were in front of 
the line of battle, when said Capt. W. W. W. Wood, Company L, Blythe’s 
Miss. Regiment, made a pretext to Lieut. O’Hoa of his company for mo- 
mentarily leaving his place. He the said Capt. W. W. W. Wood, Com- 
pany L, Blythe’s Regiment, returned to his company no more, but 
repo; ted to Doct. X. Xaupi, surgeon of said regiment, who refused to 
excuse him. Nevertheless, said Capt. W. W. W. Wood, Company L, 
Blythe’s Miss. Regiment of Volunteers, went back to camp, and remained 
there till forced out on the following morning. All this near Murfrees- 
boro’, Tenn., January 1, 1863, 
The majority of the Court find the accused, Capt. W. W, W. Wood, 
Company L, Blythe’s Miss. Regiment, as follows: 
Of Specification Ist, ' Not 
Of so much of that part of Specification 2d, which charges 
him with two days remaining away from his company 
at cam _ Guilty. 
The whole Court find him of the remainder of Specifica- 
,, Not Guilty, 
tion 2d, 
11. Finding ajid Sentence. 2 
The whole Coprt honorably acquit him of the 3d Specifica- 
tion, and say, - - - - ■ - - Not Guilty. 
The majority of the Court find him of the Charge, - Guilty, 
and sentence him to be dismissed the service. 
111. The proceedings in the foregoing case have been submitted to the 
Secretary of War, to be laid before the President—and the following 
orders are now made thereon : 
Capt. Wood was tried on.the single charge of “conduct unbecoming 
an officer and gentleman,” under which three specifications were laid. 
The whole Court acquit him of the 3d specification. A majority ac- 
quit him of the Ist and part of the ‘2d specification, but find him guilty 
of the remainder of the 2d specification, and guilty of the charge. A 
portion of the 2d specification is, therefore, all that in the opinion of the 
Court sustains the charge. But this finding is altogether too imperfect 
and uncertain. If the 2d specification refers to separate and distinct 
offences, it is wholly defective, and should have been set aside before the 
trial; but if it qmbraces a single substantive offence, the Court cannot 
separate its parts, and find the accused guilty as to one portion and not 
guilty as to another, unless it is dear that the facts thus separated and 
established, of themselves constitute the particular offence charged. But 
this is far from being clear. The looseness and uncertainty of the 2d 
specification, and the finding thereon, are a sufficient and fatal objection. 
The whole finding is moreover informal and irregular. The judges give 
lengthy and separate opinions in connection with it, and represent one 
part of their finding to be by a majority, and the remainder by the whole 
Court. It is never desirable to state by what vote the Court has arrived 
at its conclusions, and it is contrary to the practice of Courts Martial to 
do so. Upon the whole, the proceedings are set aside, and Capt. Wood 
will therefore be released from arrest and returned to duty. 
order. 
S. COOPER, 
Adjutant and Inspector General.