GENERAL ORDERS, 
No. 134. 
WAR DEPARTMENT, 
Adjutant General’s Office, 
Washington, May 16, 1863. 
I..Before a General Court Martial, which convened at the Camp of 
the 1st Division, 5th Corps, March 18, 1863, pursuant to General Or- 
ders No. 13, dated Headquarters, 1st Division, 5th Army Corps, Feb- 
ruary 28, 1863, and of which Colonel J. C. Rice, 44th New York Vol- 
unteers, is President, was arraigned and tried— 
First Lieutenant John H. Borden, 83d Pennsylvania Volunteers. 
Charge—“ Conduct to the prejudice of good order and military dis- 
cipline.” 
Specification—“In this; that he, First Lieutenant John H. Borden, of the 
83d Regiment Pennsylvania Volunteers, having been granted 
ten days’ leave of absence, of which he availed himself on or 
about the 30th day of January, 1863, did overstay his leave of 
absence, and failed to return to his regiment and to report him- 
self until on or about the 20th day of February, 1863. This at 
Camp near Falmouth, Virginia.” 
To which charge and specification the accused, First Lieutenant John 
H. Borden, 83d Pennsylvania Volunteers, pleaded “Guilty.” 
Finding. 
The Court, having maturely considered the evidence adduced, finds 
the accused, First Lieutenant John II. Borden, 83d Pennsylvania Vol- 
unteers, as follows: 
Of the Specification, “Guilty.” 
Of the Charge, “ Guilty.” 
Sentence. 
And the Court does therefore sentence him, First Lieutenant John H. 
Borden, 83d Pennsylvania Volunteers, “ To he dismissed the service of the 
United States. 2 
II..Before a General Court Martial, which convened at the Camp of 
the Engineer Brigade, near Falmouth, Virginia, February 26, 1863, 
pursuant to Special Orders, No. 50, dated February 19, 1863, and No. 
51, dated February 20, 1863, Headquarters Army of the Potomac, 
Camp near Falmouth, Virginia, and of which Colonel C. G Colgate, 
15th New York Volunteers, is President, was arraigned and tried— 
Private William Durnin, Company “D,” 50th New York Volunteer 
Engineers. 
Charge—“ Desertion.” 
Specification—‘‘In that the said Private William Durnin, of company 
and regiment aforesaid, having been duly enlisted into the ser- 
vice of the United States, did desert the same on or about the 
18th day of January, 1863, and did remain absent from his Com- 
pany and Begiment until on or about the 3d day of February, 
1863, when he returned and reported to his company com- 
mander. All this at Camp of the Headquarters of the 50th 
Begiment New York Volunteer Engineers, at Aquia Creek Land- 
ing, Virginia.” 
To which charge and specification the accused, Private William Dur- 
nin, Company “ D,” 50th New York Volunteer Engineers, pleaded 
“ Guilty.” 
Finding. 
The Court, having maturely considered the evidence adduced, finds 
the accused, Private William Durnin, Company “D,” 50tli New York 
Volunteer Engineers, as follows : 
Of the Specification, “Guilty ” 
Of the Charge, “Guilty.” 
Sentence. 
And the Court does therefore sentence him, Private William Durnin, 
Company “ D,” 50th New York Volunteer Engineers, “ To be shot to 
death by musketry at such time and place as the General Commanding the Army 3 
of the Potomac shall direct, two-thirds of the members of the Court concurring 
therein.” 
HI.-Before a General Court Martial, which convened at the Camp 
of the 2d Division, 3d Corps, near Falmouth, Virginia, April 6, 1863, 
pursuant to General Orders, No. 3, dated February 2, 1863, Special 
Orders, No. 20, dated February 3, 1863, Special Orders, No. 1, dated 
February 8, 1863, Special Orders, No. 9, dated February 17, 1863, 
Special Orders, No. 14, dated February 23, 1863, Special Order's, No. 
22, dated March 3, 1863, and Special Orders, No. 44, dated March 26, 
1863, Headquarters 2d Division, 3d Corps, Camp near Falmouth, Vir- 
ginia, and of which Colonel A. B. McLaughlin, 1st Massachusetts 
Volunteers, is President, were arraigned and tried— 
1. Private Reuben C. Fagan, Company “ K,” 73d New York Volunteers. 
Charge I.—“Misbehavior before the enemy.” 
Specification—“In this; that Private Reuben O. Fagan, Company ‘K,’ 
seventy-third Begiment of New York Volunteers, a duly enlisted 
soldier of the United States, did, when the seventy-third regi- 
ment New York Volunteers was drawn up in line of battle, at 
or near Fredericksburg, run away and shamefully abandon his 
Company and Begiment, when they were momentarily expecting 
to be engaged with the enemy, and did not return to his com- 
pany and regiment until brought back, on or about the eighth 
day of March, anno Domini one thousand eight hundred and 
sixty-three. This at or near Fredericksburg, Virginia, on or 
about the fifteenth day of December, anno Domini one thousand 
eight hundred and sixty-three.” 
Charge II —“ Desertion.” 
Specification—“In this; that he, the said Private Reuben C. Fagan, 
seventy-third Begiment, New York Volunteers, having been duly 
enlisted in the service of the United States, and having received 
pay therein, did desert his Company, Begiment, and the service 
of the United States, and did not return until brought back, on 
or about the eighth day of March, anno Domini one thousand 4 
eight hundred and sixty-three. This at or near Fredericksburg, 
Virginia, on or about the fifteenth day of December, anno Domini 
one thousand eight hundred.and sixty-three.” 
To which charges and specifications the accused, Private Reuben 0. Fagan, 
Company “K,” 73d New York Volunteers, pleaded “Not Guilty.” 
Finding. 
The Court, having maturely considered the evidence adduced, finds 
the accused, Private Reuben C. Fagan, Company “K,” 73d New York 
Volunteers, as follows : 
Charge 1. 
Of the Specification, “ Guilty, except the words ‘ brought back.’ ” 
Of the Charge, * ‘ Guilty. ’ ’ 
Charge II. 
Of the Specification, “ Guilty, except the words ‘ brought back.’ ” 
Of the Charge, “ Guilty.” 
Sentence. 
And the Court does therefore sentence him, Private Reuben G. Fagan, 
73d New York Volunteers, “ To be shot to death with musketry, and two- 
thirds of the members of the Court do concur in the sentence. ’ ’ 
2. Private James U. Dilks, Company “K,” 73d New York Volun- 
teers. 
Charge I.—“ Misbehavior before the enemy.” 
Specification — “ In this; that Private James II. Dilks, Company ‘ K, 
seventy-third Regiment New York Volunteers, a duly enlisted 
soldier of the United States, did, when the seventy-third Regi- 
ment New York Volunteers was drawn up in line of battle at or 
near Fredericksburg, run away and shamefully abandon his 
Company and Regiment when they were momentarily expecting 
to be engaged with the enemy, and did not return to his Com- 
pany and Regiment until brought back on or about the eighth 5 
day of March, anno Domini one thousand eight hundred and 
sixty-three. This at or near Fredericksburg, Virginia, on or 
about the fifteenth day of December, anno Domini one thousand 
eight hundred and sixty-three.” 
Charge II.—“ Desertion.” 
Specification—“In this; that he, the said Private James H. Dilks, of 
Company ‘K,’ seventy-third Regiment New York Volunteers, 
having been duly enlisted in the service of the United States, 
and having received pay therein, did desert his Company and 
Regiment and the service of the United States, and did not re- 
turn until brought back, on or about the eighth day of March, 
anno Domini one thousand eight hundred and sixty-three. This 
at or near Fredericksburg, Virginia, on or about the fifteenth 
day of December, anno Domini one thousand eight hundred and 
sixty-three.” 
To which charges and specifications the accused, Private James U. 
Dilks, Company “K,” 73d New York Volunteers, pleaded “Not 
Guilty. ” 
Finding. 
The Court, having maturely considered the evidence adduced, finds 
the accused, Private James H. Dilks, Company “K,” 73d New York 
Volunteers, as follows: 
Charge I. 
Of the Specification, “ Guilty,” except the words ‘ brought back.’ ” 
Of the Charge, ‘1 Guilty. ’ ’ 
Charge II. 
Of the Specification, “Guilty, except the words 1 brought back.’ ” 
Of the Charge, “ Guilty.” 
Sentence. 
And the Court does therefore sentence him, Private James H. Dilks, 6 
Company “ K,” 73d New York Volunteers, “ To be shot to death with 
musketry, and iwo-lhirds of the members of the Court do concur in the sentence.” 
IV..Before a General Court Martial, which convened at Falmouth, 
Virginia, November 26, 1862, pursuant to Special Orders, No. 429, 
dated November 21, 1862, and No. 448, dated November 24, 1862, 
Headquarters Hancock’s Division, Falmouth, Virginia, and of which 
Major E. E. Sturtevant, 5th Hew Hampshire Volunteers, is President, 
was arraigned and tried— 
First Lieutenant Thomas Morton, 81st Pennsylvania Volunteers. 
Charge—“ Disobedience of orders.” 
Spedfica'ion—“ In this: that he, said First Lieutenant Thomas Morton, 
Company ‘H,’ 81st Pennsylvania Volunteers, on being ordered 
by his Colonel, Charles F. Johnson, of the 81st 1'ennsylvania 
Volunteers, to go on picket, said Colonel being in the execu- 
tion of his office, did peremptorily refuse to do so. This near 
Salem, Virginia, November 7, 1862.” 
To which charge and specification the accused, First Lieutenant 
Thomas Motion, 81st Pennsylvania Volunteers, pleaded “Guilty.” 
Finding. 
The Court, having maturely considered the evidence adduced, finds 
the accused, First Lieutenant Thomas Morton, Slst Pennsylvania Vol- 
unteers, as follows: 
Of the Specification, “ Guilty.” 
Of the Charge, “ Guilty.” 
Sentence. 
And the Court does therefore sentence him, First Lieutenant Thomas 
Morton, Slst Pennsylvania Volunteers, '■'■To he dismissed the service of the 
United States.” 
V.-Before a Military Commission, which convened at Headquarters 7 
French’s Division, 2d Corps, November 7, 1862, puisuant to Special 
Orders, No. 115, dated Headquarters 2d Corps, Upperville, Virginia, 
November 5, 1862, and of -which Brigadier General W. H. French, U. 
S. Volunteers, is President, was arraigned and tried— 
Private Peter Shannon, Company “C,” 2d Delaware Volunteers. 
Charge—“Assault and robbery.” 
Spedficatiem—“ In this; that Peter Shannon, private of ‘ C ’ Company, 2d 
Regiment Delaware Volunteers, did assault and knock down, or 
aid and abet in the same, and did then and there rob, or aid 
and abet in robbing, Private Charles H. Banner, of 1 D ’ Com- 
pany, 2d Regiment Delaware Volunteers, of eighty dollars, 
more or less. All this at or near Bolivar Heights, Virginia, on 
or about the 21st day of October, 1862.” 
To which charge and specification the accused, Private Peter Shannon, 
Company “C,” 2d Delaware Volunteers, pleaded “Not Guilty.” 
Finding. 
The Commission, having maturely considered the evidence adduced, 
finds the accused, Private Peter Shannon, Company “C,” 2d Delaware 
Volunteers, as follows: 
Of the Specification, “ Guilty.” 
Of the Charge, “Guilty.” 
Sentence. 
And the Commission does therefore sentence him, Private Peter Shan- 
non, Company “ C,” 2d Delaware Volunteers, “ To forfeit all pay and 
allowances that are or may become due him, to be dishonorably discharged from 
the service of the United States, and then to be confined at hard labor in the 
penitentiary of the District of Columbia for the term of five years. 
VI..Before a General Court Martial, which convened at Headquarters 
1st Division 1st Army Corps, at Camp near Belle Plains, Va., February 
7, 1863, pursuant to Special Orders, No. 27, dated Headquarters 1st 
Division 1st Army Corps. Army of the Potomac, February 3, 1863, and 8 
of which Colonel Henry A. Morrow, 24th Michigan Volunteers, is 
President, was arraigned and tried— 
Captain James N. Root, Company “A,” 24th New York Volunteers. 
Charge—“Disobedience of orders.” 
Specification.—“In this; that said Captain James N. Root, of Company 
“ A,” 24th New York Volunteers, did, on the morning of the 
23d day of January, 1863, leave his Company and Regiment 
without permission, while said regiment was bivouacked in the 
vicinity of the ford above Falmouth, Va., in violation of General 
Orders No. 3, from Division Headquarters, for the purpose of 
reaching the former camp of said regiment before the arrival of 
the regiment, at which place he was found on its arrival in the 
evening of said day.” 
To which charge and specification the accused, Captain James N. Root, 
Company “A,” 24th New York Volunteers, pleaded “ Not Guilty.” 
Finding. 
The Court, having maturely 'considered the evidence adduced, finds 
the accused, Captain James 2V. Root, Company “A,” 24th New York 
volunteers, as follows: 
Of the Specification, “Guilty.” 
Of the Charge, “Guilty.” 
Sentence. 
And the Court does therefore sentence Captain James N. Root, 
Company “A,” 24th New York Volunteers, “ That he he dismissed the 
service of the United States without loss of pay. 
VII--The proceedings of the Court in the case of Lieutenant John 
H. Borden, 83d Regiment Pennsylvania Volunteers, have been approved 
by the proper commanders and forwarded for the action of the Presi- 
dent of the United States, who is pleased to commute the sentence 
awarded the prisoner to 1 ‘forfeiture of pay for one month. 
The proceedings of the court in the case of Private William Durnin, 9 
Company “D,” 50th New York Volunteers, have been forwarded for 
the action of the President of the United States, who directs that the 
sentence awarded the prisoner be commuted to “ imprisonment for three 
months.” 
The proceedings of the Court in the oases of Privates Reuben 0. Fagan 
and James H. Dilks, of Company “ K,” 73d New York Volunteers, have 
been forwarded for the action of the President of the United States, 
who disapproves the sentences awarded the prisoners, on account of 
the irregularity of the action of the reviewing officer, who disapproved 
the findings on the second charge and its specification in each case, 
and then approved the sentences, which should rest on all the findings. 
The proceedings of the Court in the case of Lieutenant Thomas Morton, 
81st Pennsylvania Volunteers, have been approved by the proper com- 
manders, and forwarded for the action of the President of the United 
States, who directs that the sentence of dismissal be commuted to 
11 loss of pay proper for three months.” 
In compliance with the 5th section of the act approved July 17, 
1862, the proceedings in the case of Private Peter Shannon, of Company 
“ C,’' 2d Delaware Volunteers, have been submitted to the President 
of the United States, who approves the sentence awarded the prisoner. 
The proceedings of the Court in the case of Captain James TV. Root, 
24th New York Volunteers, have been approved by the proper com- 
manders and forwarded for the action of the President of the United 
States, who is pleased to remit the sentence awarded the prisoner. 
By order of tiie Secretary of War : 
E. D. TOWNSEND, 
Assistant Adjutant General. 
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