GENERAL ORDERS, 
No. 132. 
WAR DEPARTMENT, 
Adjutant General’s Office, 
Washington, May 16, 1863. 
I..Before a General Court Martial, which convened at the Camp of 
the 18th U. S. Infantry, August 15, 1862, pursuant to Special Orders, 
No. 11, dated Headquarters, 1st Division, Army of the Ohio, Tuscum- 
bia, Ala., July 20, 1862, and of which Major Frederick Townsend, 
18th U. S. Infantry, is President, was arraigned and tried— 
Private Frank. Kelly, of Company “ C,” 3d Battalion, 18th U. S. 
Infantry. 
Charge I.—“ Conduct prejudicial to good order and military dis- 
cipline.” 
Specification 1st—“In this; that Frank Kelly, a private of ‘C’ Com- 
pany, 3d Battalion, 18th U. S. Infantry, did, on or about the 
20th of June, 1862, in a loud voice, so as to be heard all over 
the Camp, use profane and obscene language in the presence of 
a number of officers and soldiers—such as: ‘ Kiss my arse, God 
damn you;’ ‘I’ll be damned if Kelly can’t whip any Captain, 
Sergeant, or man in the Camp;’ ‘ Kelly nevemvill obey any man 
unless he wants to,’ or language of a like character; and, at the 
same time, did tell the officer of the day, 1st Lieutenant H. G. 
Radcliffe, 18th Infantry, as follows: ‘ Kiss my arse, God damn 
you,’ and declare! he could not be taken to the guard-house, 
and other language of a like import. All this at the Camp of 
the Detachment of the 16th and 18th U. S. Infantry, near 
Columbus, Kentucky.” 
Specification 2d—“ In this; that the said Frank Kelly did, on or about 
the 20th of June, 1862, threaten Private Frederick Miller, of 
Company * C,’ 3d Battalion, 18th U. S Infantry, with the fol- 
lowing language, or language of a like import: ‘Goddamn 
you, you stuck a bayonet in me last winter, and I intend to kill 2 
Charge II.—“ Violation of the 9th Article of War.” 
Specification 1st—“In this; that the said Frank Kelly, on or about the 
20th of June, 1862, did go to the front of Captain George W. 
Smith’s tent, of the 18th U. S. Infantry, and, taking hold of the 
tent pole, commenced addressing the officers in the tent with 
profane and disrespectful language, and on being ordered by his 
Company Commander, Captain John H. Knight, 18th Infantry, 
to let go the tent pole and go to his quarters, the said Frank 
Kelly refused positively to obey the order, and in the following 
words: ‘ I’ll be damned if I will let go this tent pole, and you 
cannot make me do it,’ or language to that effect; and when his 
said Company Commander ordered 1st Sergeant Wm. M. Wal- 
lace to bring a guard, the said Kelly swore that he would not be 
taken, and would resist until he was killed. All this at the 
Camp of the Detachment of the 16th and 18th Infantry, near 
Columbus, Ky.” 
Specification 2d—“In this; that the said Private Frank Kelly did, on 
or about the 20th of June, 1862, offer to strike, and draw back 
his arms to strike, his superior officer, the said Captain John H. 
Knight. All this at the Camp of the Detachment of I6th and 
18th U. S. Infantry, near Columbus, Ky.” 
Specification 3d—“In this; that the said Private Frank Kelly did, on 
or about the 20th of June, 1862, take hold of his superior officer, 
1st Sergeant ‘C’ Company, 3d Battalion, Wm. M. Wallace, 
and strike him. All this at the Camp of the Detachment of the 
16th and 18th Infautry, near Columbus, Kentucky, and while 
the Sergeant was in the discharge of his duty.” 
To which charges and specifications the accused, Private Frank 
Kelly, Company “C,” 3d Battalion, 18th U. S. Infantry, pleaded as 
follows: 
Charge I. 
To the 1st Specification, “ Guilty.” 
To the 2d Svccification, “Not Guilty.” 3 
Charge II. 
To the 1st Specification, “Guilty.” 
j To the 2d Specification, “ Guilty.” 
I To the 3d Specification, “ Guilty.” 
To the Charge, “Guilty.” 
Finding. 
The Court, having maturely considered the evidence adduced, finds 
the accused, Private Frank Kelly, Company “ C,” 3d Battalion, 18th 
U. S. Infantry, as follows: 
Charge I. 
Of the 1st Specification, “ Guilty.” 
Of the 2d Specification, “ Guilty.” 
Of the Charge, “ Guilty.” 
Charge II. 
Of the 1st Specification, “Guilty.” 
Of the 2d Specification, “Guilty.” 
Of the 3d Specification, “Guilty.” 
Of the Charge, “ Guilty.” 
Sentence. 
And the Court does therefore sentence “ That Private Frank Kelly, 
of 1 C1 Company, 3d Battalion, 18th U. S. Infantry, be shot to death 
at such time and place as the General Commanding may direct, two 
thirds of the Court concurring.” 
II..The proceedings of the Court in the foregoing case have been 
approved by the proper Commanders, and forwarded for the action of 
the President of the United States, who directs that the sentence to 
“ be shot to death,” awarded Private Kelly, be commuted to imprison- 
ment in one of the military prisons for the term of three months from 
the 11th day ot May, 1863. The General Commanding the Department of the Cumberland wij 
designate the military prison to which the prisoner will be sent. 
By order of the Secretary of War: 
E. D. TOWNSEND, 
Assistant Adjutant General.