He was born in 1825/26 (2 (38 in 1864)). He was born in France (2).
When he enlisted, he was a butcher (4).
When he enlisted, he was 5 feet 5 inches tall, and had blue eyes, brown hair, and a light complexion (2 (fair complexion, sandy hair), 4 (light complexion, brown hair)).
About 1 February 1864, he was discharged from another regiment, because of epilepsy (4).
He enlisted for three years, on 25 February 1864, at Philadelphia, Pennsylvania, by Lieutenant J A Gregory (3, 4). He was examined by Assistant Surgeon Kerr (21st Pennsylvania) (4). He was mustered into service on 28 February 1864 (1). He was a private in company I (1, 5, 6, 7, 8).
On 27 February 1864, he received a bounty of $250 from Philadelphia, Pennsylvania (4).
The regiment forwarded his descriptive list somewhere (2).
He was at the Convalescent Hospital at 16th and Filbert, Philadelphia, Pennsylvania (4). He allegedly tried to pass the guard, using his earlier discharge (4).
On 27 May 1864, he was tried by court martial, at Philadelphia Pennsylania, presided over by Lieutenant Colonel H A Frink (11th PA) (3, 4). He was accused of conduct to the "prejudice of good order and military discipline", on two occasions (4). First, although he had been discharged because of epilepsy, he reenlisted in the 91st, and received a bounty, denying that he had ever been discharged on surgeon's certificate of disability (4). Second, he tried to use his original discharge to be discharged from the Convalescent Hospital in Philadelphia (4). He pled not guilty (4). The Court found him guilty of the specifications (with exceptions), but not guilty of the charge (4).
However, when the Department of the Susquehanna reviewed the decision, they ordered the Court to reconsider the verdict, claiming that the evidence proved that Brosse had lied and intended to defraud the government out of the second bounty he received (4). The Court reconsidered the case on 6 June 1864 (4). replied that the prosecution did not prove that the defendent, who spoke English very poorly, knew why he had been discharged or that the reason for the discharge was still present, and also did not prove that he used his previous discharge to escape from the hospital (4). It is true that the prosecution presented only second-hand evidence of his using the previous discharge to leave the hospital, and did not even present very much evidence that he had previously been discharged (apparently under the name 'Louis Ross'). In any event, the Court confirmed their original verdict, and this time the reviewing authority approved their judgement (4).
He was absent, sick, when the regiment mustered out (1). He was a private, in company I (5, 6, 7, 8).
1 Bates, Samuel Penniman. History of Pennsylvania volunteers, 1861-5. Harrisburg: B. Singerly, state printer, 1869-71. 5 volumes. 'Ninety-first regiment', volume 3, pages 186-233. (In the roster) (Louis Boose)
2 company I, descriptive roll, #9 (Lewis Bossal [?])
3 National Archives Archival Research Catalog (accessed 24 July 2010) (Louis Brosse [sic])
4 court-martial record, trial of Louis Brosse, 27-28 May 1864 (and reconsideration on 6 June 1864), National Archives and Records Administration, record group 153 (Judge Advocate General, Army), file NN 1876 (Louis Brosse)
5 index to compiled service records of volunteer Union soldiers who served in organizations from the state of Pennsylvania (Louis Bousse)
6 index to compiled service records of volunteer Union soldiers who served in organizations from the state of Pennsylvania (Louis Brosoe)
7 index to compiled service records of volunteer Union soldiers who served in organizations from the state of Pennsylvania (Louis Boosse)
8 index to compiled service records of volunteer Union soldiers who served in organizations from the state of Pennsylvania (Louis Boesse)
I...A General Court Martial is hereby appointed to meet at Philadelphia, Pa., at 10 o'clock, on the 14th day of May, 1864, or as soon thereafter as practicable, for the trial of such prisoners as may be brought before it.
No other Officers than those named can be assembled without manifest injury to the service.
I.... The following named officers are hereby detailed as additional members of General Court Martial, appointed in paragraph 1, Special Orders No. 107, Head Quarters Department of the Susquehanna, dated May 10th, 1864.
BY COMMAND OF MAJOR GENERAL COUCH.
(Signed)
JOHN S. SCHULTZE,
Assistant Adjutant General.
[page 5]
Page 148
Phila. Penna
June 6th 1864.
11 O clock A.M.
The Court met pursuant to the above Order and adjournment.
Present | |
Lt. Col. H. A. Frink | 11th Regt. Pa. Vols. |
Capt. W H Dunbar | 48th Regt. N.Y.V. |
1st Lt. John Woodward | 2nd Batt. V.R.C. |
1st Lt. C. Ross | 26th Regt. Pa. Vols. |
1st Lt. B. F. Bond | 90th Regt. Pa. Vols. |
Capt Chas. P. Clarke | 99th Regt. Pa. Vols. Judge Advocate |
Absent | |
Capt. John K. Murphy | 2nd Batt. V.R.C. |
1st Lt. Richd Gochel | 2nd Batt. V.R.C. |
Additional members, who not having been present at the trial of the case of Private Louis Brosse, Company "I" 91st Regt. Penna Vols. were not permitted to sit on the reconsideration of the same. The Judge Advocate here read to the Court the following communication from Capt. Francis Wessels.
to enclose herewith proceedings in the case of Private Louis Brosse Company "I" 91st Regt. Pa Vols, for the reconsideration of the General Court Martial, of which you are Judge Advocate. I have written Col. Frink upon the Subject.
The Commanding General directs that you conclude the case you may have on trial on receipt of this communication and not commence a new case until you receive further instructions.
Please inform me by return mail when you will probably finish the business you have commenced, including the reconsideration of this case, and forward all proceedings with as little delay as possible.
The Commanding
General directs me to return to you the proceedings in the case of Private Louis Brosse Co. "I" 91st Regt. P.V. for reconsideration by the Court, of which you are presiding Officer.
The enlistment papers admitted as evidence in this case show that the accused declared that he had never been discharged the service of the U.S. on account of disability. Asst. Surgeon Kean + Dunglison, Testify that he was discharged on or about February 1st 1864. Dr Dunglison says the accused denied this fact and that he afterwards found the certificate of discharge in his possession. The specification does not imply that the accused denied, at the time of his receiving his bounty especially, his having been discharged the service, but he did enlist on February 25th 1864, and his declaration on his enlistment papers enabled him to draw the Bounty money as alleged.
The Testimony of Asst. Surgeon Dunglison shows further, the intention of fraud on the part of the accused in his having produced his discharge with the intention of escaping from the Hospital.
I am directed to call your attention to these facts, as shown in the evidence in this case as Recorded, and remain
Pursuant to the foregoing letter of instruction the Court proceeded to the reconsideration of the case of Private Louis Brosse Co. "I" 91st Regt. P.V. and after having maturely reconsidered the evidence in the case arrive at the following conclusion:--
A. A. Surgeon W. W. Kean testifies that he does not know the cause or disease for which Brosse was discharged, was recorded upon his discharge papers, and there is no evidence to prove that Brosse himself knew why he was discharged. It is proven that he told a lie to Surgeon Dunglison, and the enlistment papers show that he also signed a declaration that he had never been discharged the service upon surgeons certificate of disability, and while it is fair perhaps to presume that he knew the contents of the paper which he signed, still, from the fact that he is a foreigner, and has but a very imperfect knowledge of the English language, it is necessary to prove an intention to defraud, before a man should be punished for telling a falsehood; + it is incumbent upon the prosecution to prove that the prisoner knew that the disability for which he had been discharged had not been removed. It often occurs that men who have been discharged upon Surgeons certificate of disability have been thereafter passed by other surgeons, the disability having been removed. From the evidence of Asst Surgeon Dunglison the Court did not receive the
impression that the prisoner used his former discharge for the purpose of escaping permanently from the Hospital, but merely to get passed [sic] the guard because he had been unable to procure a pass on that day. Surgeon Dunglison did not even swear that he knew that the prisoner offered his discharge to the guard, but that the Corporal of the guard told him of the occurence [sic]. This action was of course Reprehensible but does not convince the Court that he intended to desert the service of the United States. The finding of the Court was based entirely on the fact that serious doubt arose in regard to the existence of an intention to defraud by re-enlistment and those doubts still remain: The Court respectfully return the proceedings without reversing or changing their Original finding.
The Court then adjourned to meet tomorrow June 7th at 11 o'clk A.M.
The proceedings and findings in the case of Louis Brosse Private of Co "I" 91st Regt Pa Vols. are approved. The prisoner will therefore be released from confinement and returned to duty. The commanding Officer at Philadelphia, Pa, is charged with the execution of this Order.
I...A General Court Martial is hereby appointed to meet at Philadelphia, Pa., at 10 o'clock, A.M., on the 14th day of May, 1864, or as soon thereafter as practicable, for the trial of such prisoners as may be brought before it.
No other Officers than those named can be assembled without manifest injury to the service.
The Court then proceeded to the trial of Private Louis Brosse Co. I. 91st Regt. Penna. Vols, who was called into Court, and the order convening the Court read to him aloud. He was then asked if he had any objection to being tried by any member named therein, to which he replied, "No." The Court was then duly sworn in his presence by the Judge Advocate, and the Judge Advocate was duly sworn in his presence by the President of the Court, and Private Louis Brosse Co I 91st Regt. Pa Vols was arraigned upon the following Charge and Specifications:
This in the City of Philadelphia Penna on or about the 25th of February 1864
To which Charge and Specifications the accused Private Louis Brosse Co. I. 91th [sic] Regt. P.V., pleaded as follows:--
S. H. Storrow Asst Surgeon U.S.A. a witness on the part of the prosecution being duly sworn in the presence of the prisoner testifies as follows:--
I am Asst Surgeon in charge of the Filbert Street Hospital, formerly known as the Convalescent Hospital. I know the prisoner he was a patient at my Hospital. He has had epileptic spasms in my presence. I know nothing of his having been discharged from the service only from the statement of his descriptive list
Dr W W Keen a witness for the prosecution being duly sworn in the presence of the prisoner testifies as follows:--
I am Acting Assistant Surgeon U.S.A. I am stationed at "Turners Lane Hospital".-- I know the prisoner I know of his having been discharged from the Service of US on Surgeons Certificate of Disability. I was on duty at Christian St. Hospital in this city at the time; the prisoner was a patient under my own care whilst I was on duty at that Hospital and
know that his discharge was granted for disability. He was subject to epileptic fits. I personally recommended him for discharge. He was discharged as Louis Ross [sic]. I recognize the prisoner as the same man who was discharged. This was on or about the 1st of February.
Was the cause of his discharge recorded upon his Descriptive list?
Answer.--I do not know that it was.
Is it not usual at that Hospital to record upon the Descriptive lists of Discharged men the cause of such discharge when upon Surgeons Certificate of disability?
Ans.--No Sir--The notification of discharge was usually sent to the Company Commander and the Descriptive list retained at the Hospital as vouchers [sic]. The records of the Hospital show the cause of the prisoners [sic] discharge.
Was the nature of the disease recorded upon the Discharge paper given him?
Answer.--I rather think not. On the certif-
icate of disability it was stated.
Dr. R. J. Dunglison a witness on the part of the prosecution being duly sworn in the presence of the prisoner testifies as follows:
I am Acting Assistant Surgeon U.S.A. And am stationed at the Hospital at 16th and Filbert known at one time as the Convalescent Hospital I know the prisoner he was under my care at the Hospital. I know of his having been discharged the Service of the United States on Surgeons Certificate of Disability, having seen his discharge. I think the cause of his discharge was from epilepsy. I think it was dated somewhere about the 1st of February 1864 and was from Christian St. Hospital. He was sent to the Filbert Street Hospital somewhere about the last of February when he was admitted into our Hospital. We accused him of having been discharged the service of the U.S. but he denied it I afterwards ordered him to be searched and discovered his discharge in his possession. I think it was returned to him. I never saw him in an epileptic fit but was called to attend him immediately after he
had one and believe he was suffering from the effects of it. I know of his having endeavored to pass the guard and of his having produced his discharge intending to escape. I was Officer of the Day at the time and the fact was reported to me by the Corporal of the Guard.
1st Lt. W. Burk, 2nd U.S. Infantry, a witness on the part of the prosecution being duly sworn in the presence of the Prisoner testifies as follows:--
I am on Mustering duy with Major Gilbert, Chief Mustering Officer in this city. The records of our office show that Louis Brosse Co I. 91st Regt. P.V. was mustered into the service on February 25th 1864 by Lieut. C. Snyder Mustering Officer. Here is [sic] his enlistment papers which we retain in our office (Enlistment papers exhibited to the Court.) The paper [sic] was also shown to the prisoner who acknowledged the signature thereto as his own.
(A certified copy of which volunteer enlistment is annexed marked "A")
At this state of the proceedings the Judge Advocate stated to the Court that it was im-
possible to secure the attendance of Dr. W. G. Kerr Asst Surg. 21st Penna Vols who examined and passed said Bosse on his re-enlistment.
Mr. Dawson (citizen) a material witness not having arrived, the Court adjourned to meet to-morrow May 28th at 11 o clock A.M.
The Court met pursuant to Adjournment.
Present also the prisoner Private Louis Brosse Co I 91st Penna. Vols.
The proceedings of yesterday were read over and approved.
The Court then proceeded to the trial of Private Louis Brosse Co. "I." 91st Regt Pa. Vols.
Samuel C. Dawson (citizen) a witness on behalf of the prosecution being duly sworn in the present of the prisoner testifies as follows:--
I am Secretary of the "Bounty Fund Commission." I know that on the 27th of February 1864 an order was issued in favor of Louis Brosse on the City Treasurer for ($250) two hundred and fifty dollars on account
of ordinance of City Councils approved February 5th 1864.-- The number of the warrant was 9225.-- We took his receipt for the order of which this is a true copy certified to by me. (Copy of Receipt exhibited to the Court annexed and marked "B") We issue the order on the presentation of the Volunteer Certificate showing that the man was mustered into the United States Service, and that he will be credited on the quota of one of the wards of the City Such a certificate was presented by Louis Brosse and we issued the order thereon. (certified copy annexed marked "C.")
The Judge Advocate here announced the prosecution closed and the prisoner having no witnesses to call, or statement to make the Court was cleared for deliberation, and after having maturely considered the evidence adduced finds the prisoner Private Louis Brosse Co I 91st Regt P.V. as follows:--
I, Louis Brosse born in [blank] in the State of France aged 33 years, and by occupation a Butcher DO HEREBY ACKNOWLEDGE to have volunteered this Twenty fifth day of February 1864, to serve as a Soldier in the Army of the United States of America, for the period of THREE YEARS, unless sooner discharged by proper authority: Do also agree to accept such bounty, pay, rations, and clothing, as are, or may be, established by law for volunteers. And I, Louis Brosse do solemnly swear, that I will bear true faith and allegiance to the United States of America, and that I will serve them honestly and faithfully against all their enemies or opposers whomsoever; and that I will observe and obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the Rules and Articles of War.
Sworn and subscribed to, at Philada this 25th day of February 1864.I CERTIFY, ON HONOR, That I have carefully examined the above named Volunteer, agreeably to the General Regulations of the Army, and that in my opinion he is free from all bodily defects and mental infirmity, which would, in any way, disqualify him from performing his duties as a soldier.
(Signed)I CERTIFY, ON HONOR, That I have minutely inspected the Volunteer L. Brosse previously to his enlistment, and that he was entirely sober when enlisted; that, to the best of my judgment and belief, he is of lawful age; and that, in accepting him as duly qualified to perform the duties of an able-bodied soldier, I have strictly observed the Regulations which govern the recruiting service. This soldier has Blue eyes, Brown hair, Light complexion, is 5 feet 5 inches high.
(Signed) Lt. J. A. GregoryI, Louis Brosse desiring to VOLUNTEER as a Soldier in the Army of the United States, for the term of THREE YEARS, Do declare, That I am Thirty Three years and [blank] months of age; that I have never been discharged from the United States service on account of disability or by sentence of a court-martial, or by order before the expiration of a term of enlistment; and I know of no impediment to my serving honestly and faithfully as a soldier for three years.
GIVEN at PhiladaName | Age | Height | Date | Ward | Congressional District | State. |
Louis Brosse | 33 | 5. 5 | Feb. 25 /64 | 5th | first 1st | Penna |
I certify on Honor that the above named recruit was mustered by me into the United States Service and will be credited on the quota of the 5th Ward of Philadelphia first congressional District of Pennsylvania for the coming draft.
(Signed) Chas Snyder Mustering Officer.I certify the above is a true copy of the Original Volunteer Certificate of Charles Snyder, mustering officer, on file in our charge
Samuel C. Dawson