Adjutant and Inspector General’s Office, 
GENERAL ORDERS, ? 
No. 95. $ 
Richmond, July 7, 1863. 
I. Beiore a General Court Martial, convened at the Camp of Brig. 
Gen. Paxton, by virtue of General Orders, No. 128, of 1862, per Head 
Quarters Department of Northern Virginia, was arraigned and tried: 
Private M. Ricket, Company H, 27th Va. Infantry, on the following 
Charge: ■ 
Charge—Violation of the 52d Article of War. 
Of the Specification, 
Of the Charge, 
FINDING. 
Guilty. 
Guilty. 
SENTENCE. 
To be shot to death with musketry. 
11. Before a General Court Martial, convened at the Camp of Brig. 
Gen. F. Lee’s Brigade, by virtue of General Orders, No. 12, current se- 
ries, from Head Quarters Department of Northern Virginia, were ar- 
raigned and tried: 
Privates Wm. G. Clarke and J. R. Humphreys, of Capt. Buathed’s 
Battery, Stuart’s Horse Artillery, on the following Charge: 
Charge—Violation of the 23d Article of War. * 
Of the Specification, 
Of the Charge, 
FINDING. 
Guilty. 
SENTENCE. 
Guilty. 
To be shot to death with musketry. 
111. Before a General Court Martial, convened at the Camp of Maj. 
Gen. R. H. Anderson’s’ Division, by virtue of General Orders, No. 133, 
of 1862, per Head Quarters Department of Northern Virginia, was ar- 
raigned and tried: 
Private John Q. Childres, Company G, sth Fla. Regiment, on the 
following Charge: 2 
Charge—Violation of the 52d Article of War. 
FINDING. 
Of the Specification, 
Of the Charge, 
Guilty. 
Guilty. 
SENTENCE. 
To be shot to death with musketry. 
IV. Before a General Court Martial, convened at Savannah, Ga., by 
virtue of General Orders, No. 61, current series, Head Quarters Depart- 
ment S. C., Ga. and Fla., was arraigned and tried; 
Private Henry Smith, Company E, 22d Battalion Ga. Artillery, on 
the following Charge: 
Charge—Violation of the 46th Article of War. 
Of the Specification, 
Of the Charge, 
FINDING. 
Guilty. 
Guilty. 
To be shot to death with musketry. 
SENTENCE. 
V. The proceedings in the cases of Privates M. Eicket, Company H, 
27th Va. Infantry, William G. Clarke and J. E. Humphreys, of Capt. 
Buathed’s Battery, Stuart’s Horse Artillery; John L. Childres, Company 
G, sth Fla. Eegiment, and Henry Smith, Company E, 22d Battalion Ga. 
Artillery, having been laid before the Secretary of War, for the decision 
of the President, the following orders are made thereon: 
Tho several Articles of War, with the violation of which the above 
named are respectively charged, neither prescribe any duty or define and 
prohibit any offence. They simply pronounce punishments to be im- 
posed for certain offences. The charge of a violation of such articles is 
too indefinite to justify punishment under it. The defect is'fatal, and 
vitiates the whole proceedings; which are therefore set aside. The par- 
ties will be* released from close confinement, and returned to duty; and it 
is hoped that their future conduct will be such as to prevent any regret 
that they should have thus escaped the fate to which they were sentenced. 
VI. Before a General Court Martial, convened at Shelbyyille, Tenn., 
by Special Orders, No. 54, from Head Quarters Army of Tennessee, was 
arraigned and tried: 3 
Assistant Surgeon W. T. Lockhart, P. A. C. S., on the following- 
Charge: 
Charge—Conduct prejudicial to good order and military discipline. 
Specification Ist—For that the said Asst. Surg. W. T. Lockhart, at the 
Hospital of Withers’ Division, in Shelbyville, Tenn., on the 26th day of 
March 1863, did harshly and capriciously curse and abuse one Private 
D. F. Halliburton, Company B, 12th Tenn. Regiment, he the said Halli- 
burton then and there being a sentinel on guard duty. 
The other Specifications are omitted, being nearly the same as the first. 
Of the 3d Specification of the Charge, Guilty, 
except the words “ discharging his duty.” 
FINDING. 
Of the 2d Specification, Guilty, 
except the words “ and knock down.” 
Of the Ist Specification, Guilty, 
except the words “ curse and.” 
Of the Charge, Guilty. 
SENTENCE. 
To be dismissed the service. 
VII. The proceedings in the above case having been laid before the 
Secretary of War, for the decision of the President, are approved; but in 
consideration of the mitigating circumstances in the case, and the recom- 
mendations on file, the sentence of the Court is remitted, and Asst. Surg. 
Lockhart will return to duty. 
YIII. Before the General Court Martial, convened at Richmond, Va., 
by virtue of Special Orders, No. 23, current series, Head Quarters De- 
partment of Henrico, was arraigned and tried : 
Captain W. S. Reed, commanding the President’s Guard, on the fol- 
lowing Charges; 
CHARGE Ist—Conduct unbecoming an officer and a gentleman. 
Charge 2d—Violation of the 14th Article of War. 
Charge 3d—Violation of the 42d Article of War. 
Charge 4th—Violation of orders. 
The Specifications are omitted, being numerous, and of mere detail 
FINDING. 
Of the Ist Specification of the Ist Charge, Not Guilty. 
Of the 2d Specification of the Ist Charge, Guilty. 4 
Of the 3d Specification of the Ist Charge, Guilty, 
hut attach no criminality thereto. 
Of the 4th Specification of the Ist Charge, Guilty. 
Of the sth Specification of the Ist Charge, Not Guilty. 
Of the Ist Charge, Not Guilty, 
hut guilty of unofficerlike and improper conduct, 
Of the Specification of the 2d Charge, Not Guilty. 
Of the 2d Charge, Not Guilty. 
Of the Specification of the 3d Charge, Not Guilty. 
Of the 3d Charge, Not Guilty. 
Of the Ist Specification of the 4th Charge, Guilty. 
Of the 2d Specification of the 4th Charge, Guilty. 
Of the 3d Specification of the 4th Charge, Guilty. 
Of the 4th Charge, , Guilty. 
SENTENCE. 
To be dismissed the service. 
IX. The proceedings in the above case having been laid before the 
Secretary of War, for the decision of the President, are approved; but in 
consideration of some mitigating circumstances, the sentence is com- 
muted to suspension from rank, pay and emoluments, for ten days. 
X. Before the Military Court attached to Lieut. General Polk’s Corps, 
was arraigned and tried: 
Second Lieut. H. J. Ballentine, 47th Tenn. Regiment, on the fol- 
lowing Charge: 
Specification—Charges that the accused did permit a number of pri- 
soners to leave the guard house, and go t<s their respective quarters to 
sleep; which resulted in the escape of one of them. 
Charge—Violation of the 81st Article of War. 
FINDING. 
Of the Specification, Guilty. 
Of the Charge, Guilty. 
SENTENCE. 
To be dismissed the service. 
XI. The proceedings in this case having been laid before the Secretary 
of War, for the decision of the President, are approved; but in conside- 
ration of the offence against military law', as shown by the evidence, 
being in this case rather an indiscretion than a crime, and of the distin- 5 
guished gallantry of Lieut. Ballantine at the battles of Shiloh, Richmond, 
Kentucky, and Murfreesboro’, upon the recommendation of the Court, and 
of his Commanding General, the sentence is remitted, and Lieut. Ballen- 
tine will return to duty. 
XII. Before a Military Court attached to Lieut. General W. J. Hardee’s 
Corps, was arraigned and tried; 
First Lieut. Israel P. Guy, 16th Ala. Regiment, on the following 
Charges: 
Charge 1st—Desertion. 
Specification—ln this, that Israel P. Guy, First Lieutenant Captain 
Xetherford’s Company E, 16th Ala. Regiment, having received pay from 
the Confederate States, did, on or about the 23d day of December 1862, 
at Triune, Tenn., obtain leave to go, and was sent to the hospital at Chat- 
tanooga, Tenn., but instead of reporting to the hospital at Chattanooga, 
Tenn., went to his home in Franklin county, Ala., and did not return 
until the 29th day of March 1663. 
Charge 2d—Conduct prejudicial to good order and military dis- 
cipline. 
The Specification is omitted, being substantially the same as that to the 
first Charge. 
FINDING. 
Of the Specification of the Ist Charge, Guilty. 
Of the Ist Charge, Not Guilty 
of desertion, but guilty of absence without leave. 
Of the Specification of the 2d Charge, . Guilty. 
Of the 2d Charge, Guilty. 
SENTENCE. 
To be dismissed the service. 
XIII. The proceedings in this case having been laid before the Secre- 
tary of War, for the decision of the President, are approved; but in con- 
sideration of the recommendation of his brother officers and of the Com- 
manding General, and their testimony to his previous good conduct, the 
sentence of dismissal from the sendee is remitted, but not the forfeiture 
of pav and allowances during the tenn of his unauthorized absence. 
XIV At a General Court Martial, convened at the Head Quarters of 
Major General R. H. Anderson’s Division, by virtue of General Orders, 6 
No. 133, of 1862, Department of Northern Virginia, was arraigned and 
tried: 
Private Grif. Nunnally, Company €, 41st Ya. Regiment, on the 
following Charge; 
Charge—Desertion. 
The Specification is omitted. 
Of the Specification, 
Of the Charge, 
FINDING 
Guilty. 
Guilty. 
To be shot to death with musketry. 
SENTENCE. 
XV. The proceedings in the above case’ having been laid before the 
President, the following is his decision: 
That in consideration of facts appearing in the papers submitted on 
the appeal for a commutation of the sentence, the sentence is commuted 
to confinement with ball and chain, to be kept at hard labor, with only 
the necessary allowances, and without pay, until the expiration of his 
term of service. 
order. 
Adjutant and Inspector General. 
S. COOPER,