GENERAL ORDERS, 
No. 109. 
WAR DEPARTMENT, 
Adjutant General’s Office, 
Washington, April 29, 1863. 
I..Before a General Court Martial, which convened at Fort Rich- 
ardson, Virginia, January 29, 1863, pursuant to Orders, No. 7, dated 
Headquarters, Artillery Defences of Alexandria, near Fort Ward, 
January 21, 1863, and of which Lieutenant Colonel N. L. White, 1st 
Connecticut Volunteer Artillery, is President, was arraigned and 
tried— 
Lieutenant La Fayette Butler, 34th Massachusetts Volunteers. 
Charge.—“ Conduct prejudicial to good order and military discipline.” 
Specification 1st—“In this; that 1st Lieutenant La Fayette Butler, 34th 
Massachusetts Infantry, while on duty as ‘officer of the guard,’ 
did improperly communicate the countersign to certain enlisted 
men, viz: Sergeants Clark and Pomeroy, Company ‘B,’ of said 
Regiment, said Sergeants not belonging to the guard. This at 
or near Fort Lyon, Virginia, January 3,1863.” 
Specification 2d—“ In this; that 1st Lieutenant La Fayette Butler, 34th 
Massachusetts Infantry, did, contrary to General Orders and 
camp rules, give permission to said Sergeants to leave camp and 
remain absent until after ‘ taps,’ and did excuse said Sergeants 
from evening roll-call, making improper use of the countersign 
in order to enable them to evade said rules and regulations. 
This at or near Fort Lyons, Virginia, January 3, 1863.” 
Specification 3d—“ In this; that 1st Lieutenant La Fayette Butler, 34th 
Massachusetts Infantry, though well knowing that by General 
Orders no soldier is permitted to leave camp without a pass, 
properly signed, did contrive with said Sergeants, viz: Sergeants 
Clark, Pomeroy, and Mitchell, to enable them to evade said 
orders, by communicating to them the countersign, by means of 
which, and with the full knowledge and consent of said Lieu- 
tenant La Fayette Butler, said Sergeants did wilfully disobey said 
rules and regulations. All this at Fort Lyon, Virginia, Jan- 
uary 3, 1863.” 2 
To which charge and specifications the accused, Lieutenant La Fayette 
Butler, 34th Massachusetts Volunteers, pleaded “Guilty.” a 
Finding. 
The Court, having maturely considered the evidence adduced, finds 
the accused, Lieutenant La Fayette Butler, 34th Massachusetts Volun- 
teers, as follows : 
Of the 1st Specification, “Guilty.” 
Of the 2d Specification, “Guilty.” 
Of the 3d Specification, “Guilty.” 
Of the Charge, “Guilty.” 
Sentence. 
And the Court does there fore sentence him, 1st Lieutenant La Fayette 
Butler, 34th Massachusetts Volunteers, “ To be cashiered." 
II..The foregoing proceedings have been approved by the Major 
General commanding the Department; but on the recommendation of 
ail the members of the Court, the sentence has been suspended, under 
the 89th Article of War, until the pleasure of the President of the 
United States shall be made known. 
The President directs that the sentence be remitted. Lieutenant 
Butler will accordingly be restored to duty. 
By order of the Secretary of War: 
E. D. TOWNSEND, 
Assistant Adjutant General.