He was born in 1837/38 (16 (23 in 1861), 17 (23 in 1861), 22 [55 at death in 1891]). He was born in Philadelphia, Pennsylvania (16, 22).
When he enlisted, he was a cordwainer, and was living in Philadelphia (16, 17).
When he enlisted, he was 5 feet 4-1/2 inches tall, and had a light complexion, light eyes, and light hair (16, 17).
Since according to the 1890 census, he was mustered in on 21 April 1861, he may have served in another regiment before serving in the 91st Pennsylvania (18).
He was mustered into service on 23 August 1861 (1, 4, 17 [4 Sep 61]). He enlisted and was appointed a sergeant on 4 September 1861 (15, 16). He was enlisted for three years, at Philadelphia, Pennsylvania, by Captain Starr (16). He was a sergeant, in company A (1, 26, 27).
On 8 October 1862, he was tried by court martial (23, 24). He was charged with deserting on 21 July 1862, at Alexandria, Virginia, and with having enlisted in company B of the 129th Pennsylvania Volunteers and having received $50 bounty from Schuylkill County, Pennsylvania, before his arrest on 9 September 1862 at Camp Whipple, near Washington, DC (24). Colonel Gregory was the President of the Court, but was absent from that trial; Major Todd was a member of the Court (24). He pled guilty to the charge and specification (24). John G Brass testified on his behalf. However, Brass's testimony hardly seems to help! He testified that he detailed Clough for guard on 20 July 1862, that Clough had not answered any roll calls since, that they had been paid the day before, that men were often absent for a day or more after being paid, that he did not know of any case in which an office had mistreated Clough, that Clough had been reduced to the ranks, and the order reducing him to the ranks had been read to Company A (24). Nevertheless, the Court sentenced him "[t]o the Ball and Chain for thirty days, Hard Labor for ninty [sic] days and Forfeiture of pay for three months" (24). General Humphreys initially rejected the sentence, and the Court reconvened on 10 October 1862 to reconsider their decision in his and other cases (24). They decided to adhere to their original sentence, because of the testimony introduced in mitigation (24). Humphreys reasonably replied that he could not see how any of the evidence mitigated the seriousness of his offence, but upheld the sentence, because otherwise Clough would not have been punished at all (24).
He was later reduced to the ranks (15).
After the Battle of Fredericksburg, he left with the wounded, but did not return (13). He deserted on 17 December 1862 (13).
He returned to the regiment on 22 February 1863 (9).
He fought at the Battle of Gettysburg (21).
On 6 July 1863, he was missing in action (14). On 9 July 1863, he was dropped from the rolls, by order of Brigadier General Garrard (14, 16). On the next consolidated morning report, dated 28 July 1863, he was reported as having been dropped because he was missing in the campaign (10).
On 8 September 1863, he was in the Provost Guard at Frederick City, Maryland (3). Sinex described him as 'a Notorious "Shirk"', who "artfully finds it convenient to be absent when wanted, but manages to leave by some authority", and requested that he be returned to the regiment (3).
On 26 September 1863, he was reported regained from missing in campaign (11).
In October 1863, he was tried by court martial (2, 23). The 2nd division headquarters sent an order about his court martial, dated 27 October 1863, which the regiment received on 26 December 1863 (2). He returned to duty by 5 November 1863 (12).
He reenlisted as a veteran volunteer on 26 December 1863, at Bealton, Virginia (1).
On 1 March 1864, Colonel Gregory detached him to collect conscripts, at Philadelphia (5). On 27 April 1864, Sinex reported that he had been relieved from Camp Cadwalader, but had not yet reported to the regiment (6).
On 27 June 1865, he was promoted to corporal, effective 1 May 1865 (1, 8, 17).
He mustered out on 10 July 1865 with his company (1, 4, 17, 18). He was a corporal, in company A (26, 27).
In October 1867, he testified to Anna Simpson's identity, as part of her application for a pension based on the service of her son, Robert Simpson (25).
In 1890, he was living at 1022 Sergeant Street, Philadelphia, Pennsylvania (18, 19). He was a superintendent (19).
He applied unsucessfully from Pennsylvania for a pension on 26 [or 2] July 1890 (4, 20).
He died on 30 March 1891, of Bright's disease (22). He was single (22). He died at, or was buried from, 1022 Sergent Street, 10th Ward, Philadelphia, Pennsylvania (22). He was buried on 4 April 1891, at the Soldier's National Cemetery (22).
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)
2 general orders received, #154, 26 December 1863
3 letter, Sinex to Marvin, 8 September 1863
4 pension index, by regiment (Frank G Clough)
5 letter, Sinex to Marvin, 7 March 1864
6 letter, Sinex to Fowler, 27 April 1864
7 special order 13, HQ 91st PA, 1 March 1864
8 special order 38, HQ 91st PA, 27 June 1865 (Franklin G Clough)
9 consolidated morning report, 91st PA, 22 February 1683
10 consolidated morning report, 91st PA, 28 July 1863 (Priv Clough)
11 consolidated morning report, 91st PA, 26 September 1863 (Pri Clough)
12 consolidated morning report, 91st PA, 5 November 1863 (Priv Clough)
13 register of deserters in company A (Franklin J Clough)
14 register of men discharged, co.A (Francis G Clough)
15 register of non-commissioned officers, co.A (Franklin F Clough ['F' looks clear])
16 company A descriptive roll, entry 87 (Franklin L Clough ['L' looks clear])
17 Civil War Veterans' Card File, available at the Pennsylvania State Archives, searched 5 May 2004 (Franklin G Clough [rolls have middle initial 'L'])
18 1890 US census, veterans schedule, Pennsylvania, Philadelphia, enumeration district 198, page [blank] (image 1282 on Ancestry) (Franklin G Clough)
19 1890 Gopsill's Philadelphia directory (Frank Clough)
20 pension index, by name (Frank G Clough)
21 Pennsylvania Memorial, Gettysburg, Pennsylvania (F G Clough)
22 death certificate, Philadelphia, Pennsylvania, Franklin G Clough, 30 March 1891, number 18239] (Franklin G Clough)
23 National Archives Archival Research Catalog (accessed 24 July 2010) (Franklin L Clough, 2 entries)
24 court-martial record, National Archives, record group 153, KK 170, 8 October 1862 (Franklin Clough)
25 dependent's pension certificate file, National Archives and Records Administration, WC 116,098, Anna Simpson mother of Robert Simpson (Frank G Clough)
26 index to compiled service records of volunteer Union soldiers who served in organizations from the state of Pennsylvania (Franklin L Clough)
27 index to compiled service records of volunteer Union soldiers who served in organizations from the state of Pennsylvania (Franklin G Clough)
II Before a General Court Martial of which Colonel E M Gregory 91st Regiment Penna Volunteers is President convened at these Head Quarters by virtue of order dated Head Quarters Humpherys [sic] Division October 3rd 1862 were arraigned and tried --
1. Private Isaac Toman Company G, 155th Regiment Pennsylvania Volunteers, on the following Charge and Specifications:--
To which Charges and Specifications the accused pleaded:
"Guilty".The Court after hearing testimony adduced in extenuation of the offence, did sentence the accused Isaac Toman, Private, Private Co. G 155th Regiment Penna Vols.
to be reprimanded in the presence of his Regiment at the first Dress Parade after the issue of the order announcing the sentence: stating that they imposed this sentence for the reason that the evidence adduced by accused showed that he was sick at the time of the commission of the offence, and had previously been of good character as a soldier, and that it was his first offence.
The Court reconvened on the 10th inst. in obedience to orders from these Head Quarters to revise their proceedings in the case of said private Isaac Toman, Co. G 155th Regiment Penna Vols., and adhered to the sentence.
2 Private Robert Stevens of Company I 155th Regiment Pennsylvania Volunteers, in [sic] the following Charge and Specifications:--
| "Charge | Sleeping on post. |
| Specification 1st | In this that Robert Stevens, private in Company I 155th Regiment Penna Volunteers, did lie down and sleep on his post, the same occurring while a sentinal on duty on the 23rd day of September A.D. 1862 between the hours of 10 and 12 o clock at Camp near Sharpsburg, and on post No 18. |
| Specification 2nd | In this that the said Robert Stevens private in Company I 155th Regiment Pa Volunteers did while asleep suffer his gun |
| [page 4] | |
| 2 | |
| to be taken from him, thereby endangering his own safety and the safey of the camp." |
To which Charge and Specification the accused pleaded as follows:--
"To the Specifications severally "Not Guilty"The Court having maturely considered the evidence adduced did find the accused private Robert Stevens of Company I 155th Regiment Penna Volunteers as follows:--
"Of the Specifications severally Not Guilty"The Court reconvened on the 10th inst., in obedience to orders from these Head Quarters to revise their proceedings in the case of private Robert Stevens, Co. I 155 Regiment Pennsylvania Vols and adhered to the finding.
3 Private Robert Hunter, of Company I 155 Regt. Pennsylvania Volunteers, on the following Charge and Specifications:--
| "Charge | Sleeping on post. |
| Specification 1st | In this that the said Robt Hunter private of Company I 155 Regiment Pa Vols. did while on post lie down and sleep, the same occurring while a sentinal on duty at Camp near Sharpsburg Md on Post No 17, on the night of September 23rd A.D. 1862 between the hours of 10. and 12. oclock |
| Specification 2nd | In this that the said Robert Hunter |
| [page 5] | |
| a private in Company I 155th Regiment Pennsylvania Volutneers did while asleep suffer his gun to be taken from him, thereby endangering his own safety and the safety of the Camp." |
After hearing evidence adduced in extenuation of the offence, the Court sentenced the accused private Robert Hunter Company I 155th Regiment Penna Volunteers, to be reprimanded in the presence of his Regiment at the first Dress Parade after the issuance of the order announcing the sentence.
The Court reconvened the 10th inst in obedience to orders from these Head Quarters, to revise their proceedings in the case of the said Robert Hunter, Co. I 155 Regiment Penna Vols., and added to the sentence as first pronounced, "Forfeiture of pay for one month."
4. Private Franklin L Clough, Company A 91st Regiment Pennsylvania Vols., on the following Charges and Specification:--
| Charge | Desertion |
| Specification | That private Franklin L Clough of Company A 91st Regiment Penna Vols., having been duly enlisted into the service of the United States, did desert the same on the 21st of July 1862. This at Alexandria Va and was apprehended and ar- |
| [page 6] | |
| 3 | |
| rested at Camp Whipple, near Washington D.C. on the 9th day of September having been absent from his company one month and nineteen days during which time he had enlisted in Company B, 129 Regiment Penna Vols., and received fifty dollars Bounty from Schuylkill Co Penna. |
The Court after hearing testimony adduced in extenuation of the offene, did sentence the accused private Franklin L Clough, Co A, 91st Regiment Penna Vols., "To the Ball and Chain for thirty days, Hard Labor for ninty [sic] days and Forfeiture of pay for three months"
The Court reconvened on the 10th inst in obedience to orders from these Head Quarters, to revise their proceedings in the case of the said private Franklin L Clough, Company A 91st Regiment Penna. Volunteers, and adhered to the sentence.
II. 1. In the case of private Isaac Toman Company G 155th Regiment Pennsylvania Volunteers, it is to be remarked, that the Charge + Specifications are not properly drawn. The Charge should have been simply Sleeping on Post. The day of the month and the hour nearly when he slept upon his post is not stated in the first specification, which thus becomes simply a repetition of the Charge.
The 2nd Specification does not sustain the
Charge, because it is not stated that private Toman was posted as a sentinel when his musket was taken from him as he lay asleep. The accused however pleaded "Guilty" to the Charge.
The sentence of the Court is disapproved, being entirely inadequate to the offence.
2. In the case of private Robert Stevens Co I 155th Regt Pennsylvania Volunteers, the proceedings are disapproved. The acquittal appears to be based on the imperfect identification of the accused by Lieut. Orwig. But Lieut. Orwig testified that the sentinal on the post adjoining that where he found the sentinal asleep and took away his musket, gave his name as Sias, and private Sias testified that the prisoner is Robert Stevens, that he was on guard with him (the exact day he does not recollect), that they were on the same relief, that he saw the officer of the guard take away Stevens [sic] musket, and that he saw Stevens in the guard house the next day. Further evidence should have been taken to remove all doubt as to the identity of the accused with the sentinal found asleep on post by Lieut Orwig. The officer and non-commissioned officers of the Guard should have been examined. It was the duty of the Judge Advocate to bring such witnesses before the Court. The evidence is sufficient however to convict the accused. The finding is therefore disapproved.
3. In the case of private Robert Hunter, of Co I. 155 Regt. Pa Vols, the sentence is disapproved, because inadequate to the offence.
4 In the case of private Franklin L Clough, Company A 91st Regiment Pennsylvania Volunteers, also returned to the Court for revision of proceedings, the sentence was adhered to "for the reason that in their opinion the testimony adduced by accused in mitigation of sentence justifies the lightness of the same". That testimony, the evidence of John G Brass, 1st Sergeant Company A 91st Regiment Pennsylvania Vols., is, that the accused was once a member of his Company, that he detailed the accused for guard on the 20th of July 1862, that he never answered another roll call since, that the day before they had been paid, that it was usual for some of the men to be absent a day or so after they were paid, that he never knew an officer of the company to maltreat the accused, that he was reduced to the ranks, and that the order reducing him to the ranks was read to the Company. What there is in this to mitigate sentence for the crime of desertion, the Genl Commanding the Division is utterly at a loss to perceive. The sentence is out of all proportion to the offence, yet as the prisoner would escape all punishment were the proceedings disapproved, the General Commanding the Division is constrained to direct the sentence to be carried into execution.
Privates Isaac Toman Company G Robert Stevens and Robert Hunter of Company I 155th Regt Pennsylvania Volunteers will be released from confinement and returned to duty.
The extraordinary irregularity which extends through the whole proceedings of the Court, closed as well as open (the presence of a person acting as clerk to the Judge Advocate) was animadverted upon when the proceedings were returned for revision, and another irregularity of less serious character was likewise noticed, the absence of members without explanation or due cause being assigned, so far as exhibited by the record.
III. The Court Martial of which Colonel E. M. Gregory is President is dissolved.
R. B. Brown Second Lieutenant Co E 155 Reg't Penna Volunteers a Witness produced by accused in mitigation of sentence being duly sworn deposes as follows.
I was Officer of the Guard on the 24 day of September 1862. I instructed accused not to sit down on his post. I afterwards found him asleep and took his gun from him. I gave the instructions to the Guard generally. He acknowledged that I had given him instructions. He has been in service less than two months. He did not complain of being sick before I found him asleep. I do not know that he ever had the Articles of War read to him.
Lieut J. J. R. Orwig Co. A. 131st Regt Penna Volunteers being duly sworn in like behalf testifies as follows
I was Officer of the Day on the Evening of 23 Sept 1862. I instructed the Officer of the Guard that the men should walk their beats + not fall asleep. I was present when the Officer of the Guard found the Prisoner asleep. Accused said he was not well + that he had been instructed to walk his beat.
Charles Klotz Captain Co G 155th Regt Penna Vols a Witness produced in like behalf being duly sworn testifies as follows
Accused had been complaining for 4 or 5 days before the commission of the offence of not being well. He was sick. I saw him every day. I am a Regular Physician of 20 yrs practice. I know when a man is sick. He was just a guard without any knowledge. I am his Captain. He is one of the best boys in my Company. He has never been in Service before. The Articles of War were not read to him before the Commission of the Offence. He has been in service about 3 weeks + marching all the time [illegible word]
John C. Sias Private of Co I. 155th Regt Penna Volunteers being produced by Accused in mitigation of sentence and duly sworn testified as follows:
Accused was on guard with me on the same night on which this offence occurred. I cannot state the day. Do not remember that we received any instruction before we were sent on Guard. We were put on Camp Guard.
John G. Brass First Sergeant of Company A. 91st Pa. Sworn in behalf of accused in mitigation of sentence testified as follows.
Accused was once a member of our Company Co. A. 91st Regt. Penna Vols. I detailed him for Guard on the 20th Day of July 1862. He never answered any Roll Call since. On the day before that we had been paid. It was usual for some of the men to be absent a day or two after they were paid. I never have known the Officer of the Company to maltreat him. He was reduced to the Ranks. The order reducing him to the ranks was read before the Company.
The General Court Martial convened by order of Brig Gen'l Humphrey commanding Division by order of date 3. Oct 1862, reconvened 10. Oct. 1862 at 1. P.M. by authority of the following order.
The General Court Martial appointed by order dated from these HeadQuarters on the Fourth Day of October 1862 and which adjourned on the 8th inst will reconvene for the transaction of such business as may be brought before it.
The Court then proceeded to the revision of the Record of the Proceedings of the Court in the Case of Isaac Toman Private of Company G. 155. Penna Volunteers. The following members of the Court were absent on duty
| Col | J. G. Frick | 129 P.V. |
| " | J. G. Elder | 126 " |
| " | F. B. Speakman | 133 " |
| " | E. J. Allen | 155 " |
| Lt Col | D. W. Rowe | 126 P.V. |
| Maj | E. M. Schroch | 133 " |
| (Lt Col Rowe and Maj Schroch were present but did not participate in the Proceedings) | ||
The proceedings of the Court as fully as the same appear of Record were read to the members of the Court who were present
and participated in the trial of accused Isaac Toman Private of Co I 155th Reg't P.V. with the testimony appended thereto, by the Judge Advocate, the Court having been cleared for that purpose, and the Court after careful consideration of the Record adhered to the sentence first pronounced for the reason that Accused was imperfectly selected for Guard Duty on the day in question, he being ill at the time, and for the further reason that it does not appear that accused had been sufficiently instructed as to his duty in the premises previously to being placed upon Guard.
E M GregoryThe Court after hearing the Special Order of Date 10. Oct 1862 reconvening the Court read, a Copy of which is given on Page 1. proceeded to the revision of the Record of the Proceedings of the Court in the Case of Robert Stevens Private of Co. I. 155th Reg't Penna Vols. The following members of the court were absent on duty
| Col | J. G. Frick | 129 P.V. | |
| " | J. G. Elder | 126 P.V. | |
| " | F. B. Speakman | 133 " | |
| " | E. J. Allen | 155 " | |
| Maj | E. M. Schrock | 133 P.V. | |
| (Maj Schrock was present but did not participate in the Proceedings) | |||
The proceedings of the Court as fully as the same appear of Record were read to the members of the Court who were present and participated in the trial of accused Private Robert Stevens of Co. I. 155 Reg't Penna Vols, with the testimony, by the Judge Advocate, the Court having been cleared for that purpose, and the Court after careful consideration of the Record adhered to their original finding for the reason that the uncertainties and contradictions apparent in the testimony against accused, in the opinion of the Court justify his acquittal
The Court after having the Special Order of date 10 Oct 1862 reconvening the Court read, a Copy of which is given on page 1, proceeded to the revision of the Record of the Proceedings of the Court in the Case of Robert Hunter Private of Company I. 155 Regt Penna Volunteers. The following members of the Court were absent on duty
Col. E. M. Gregory 91 P.V.The proceedings of the Court as fully as the same appear of record were read to the members of the Court who were present and participated in the trial of accused Private Robert Hunter of Co. I. 155th Regt Penna Vols, with the testimony of the Judge Advocate, the Court having been cleared for that purpose, and the Court after careful consideration of the same, upon due deliberation added to the sentence as first pronounced "Forfeiture of pay for one month."
John B ClarkThe Court after hearing the Special Order of date 10. Oct. 1862 reconvening the Court read, a copy of which is given on page 1, proceeded to the revision of the Record of the Proceedings of the Court in the case of Franklin L. Clough Private of Company A. 91st Regt. Pena Vols. The following members of the Court were absent on duty
Col E. M. Gregory 91 P.V.The proceedings of the Court as fully as the same appear of Record were read to the members of the Court who were present and participated in the trial of accused Private Franklin L. Clough, Co. A 91st Regt Pa Vols with the testimony by the Judge Advocate, the Court having been cleared for that purpose, and the Court after careful consideration of the Record, adhered to the sentence first pronounced for the reason that in their opinion that Testimony adduced by accused in mitigation of Sentence justifies the lightness of the same
John B ClarkProceedings of a General Court Martial which convened at Head Quarters Humphreys' Division near Sharpsburg Md. by virtue of the following Special Order.
A General Court Martial is hereby appointed to meet at these headquarters on the 4th day of Oct. for the trial of Privates Robert Hunter + Robert Stevens of Com. I + Isaac Toman of Com. G. 155th Regt. P.Vols. and such other prisoners as may be brought before it.
| Col. | E. M. Gregory | 91. Pa. Vol. | |
| " | J. G. Frick | 129 " " | |
| " | J. G. Elder | 126 " " | |
| " | J. B. Clark | 123 " " | |
| " | F. B. Speakman | 133 " " | |
| " | E. J. Allen | 155 " " | |
| Lt. Col. | D. H. Rowe | 126 " " | |
| Lt. Col. | W. B. Shaw | 131 Pa. Vols | |
| " " | E. O'Brien | 134 " " | |
| " " | Fred Gast | 123 " " | |
| Maj | G. W. Todd | 91 " " | |
| " | E. M. Schrock | 133 " " | |
| Capt | F. T. Wilson | 131 " " | |
| Lt. Col. W. H. Armstrong 129 " " Judge Advocate | |||
The Court met pursuant to the foregoing Order at 10 A.M.
| Present | ||||
| 1 | Col. E. M. Gregory | |||
| 2 | Col. J. G. Frick | |||
| 3 | Col. J. B. Elder | |||
| 4 | Col. J. B. Clark | |||
| 5 | Col. F. B. Speakman | |||
| 6 | Col. E. J. Allen | |||
| 7 | Lt. Col. D. M. Rowe | |||
| 8 | Lt. Col. W. B. Shant | |||
| 9 | Lt. Col. E. O'Brien | |||
| 10 | Lt. Col. Fred. Gast | |||
| 11 | Maj. G. W. Todd | |||
| 12 | Maj E. M. Schrock | |||
| 13 | Capt. F. T. Wilson | |||
| Lt. Col. W. H. Armstrong Judge Advocate | ||||
After organization the Court adjourned to meet at 10. o'clock A.M. Monday 6th Oct. 1862.
10 A.M. The Court met pursuant to adjournment and proceeded to the trial of Isaac Toman Private of Company G. 155th Regiment Penna Volunteers who was called before the Court and having heard the Order appointing the Court read, was asked if he had any objections to any member named in the Order. Having no objections to any of the members, the Court was then in his presence duly sworn
by the Judge Advocate, and the Judge Advocate was duly sworn by the President of the Court.
The accused Isaac Toman of Co. G. 155th Penna. Volunteers was arraigned on the following Charge + Specifications.
To which Charge and the Specifications thereto the accused pleaded as follows. To the Specifications and to the Charge "Guilty".
By permission of the Court the accused introduced testimony in extenuation of his Offence. Notes of which are appended hereto and marked "A". The Judge Advocate submitted the case to the Court without remark, and the Court thereupon sentenced the accused Isaac Toman Private of Company G 155th Regiment Penna. Volunteers to be Reprimanded in the presence of his Regiment at the first Dress
Parade after issuance of the Order announcing the sentence, and that they impose this Sentence for the Reason that the evidence adduced by accused showed that he was sick at the time of the Commission of the Offence and had previously borne a good character as a soldier and that it was his first offence.
The Court then proceeded to the Trial of Private Robert Stevens of Co. I. 155th Regt. Penna. Volunteers and was called before the Court and having heard the order appointing the Court read, was asked if he had any objections to any member named in the Order.
The accused having no objections to any of the members, the Court was then in his presence duly sworn by the Judge Advocate and the Judge Advocate was duly sworn by the President of the Court.
The Accused was arraigned on the following Charge and Specifications.
To which Charge and the Specifications thereto the accused pleaded as follow
To the Specifications severally "Not Guilty"The following testimony was taken on behalf of the Prosecution.
When I was Officer of the Day 23rd Sept 1862 between the hours of 10 + 12 o'clock P.M. I went out to visit the Guards. I found the prisoner on the ground asleep he was a sentinal on duty at post No. 18 I found him asleep and took his gun from him he had his hand on his gun. I lifted it up and he made no resistance I conversed with him sometime when I touched him with the but [sic] of the gun he awoke and I asked him what he was doing there he said he was on guard. I had given him instructions as Officer of the day. I told him to be carefull [sic] and walk their beats and not to fall asleep for if they did the penalty was death. [see Article 46 of the Articles of War] This was a general charge to the men before they were posted I gave that charge.
After I had given them the general charge I told them I would come around and give them further instructions on their posts I went around but I do not remember seeing the Prisoner. I cannot say that I instructed the man before
I found him asleep. He was put on at 10 o'clock I took his gun he was lying on the ground I will not say he had a Blanket. He was lying down with his gun on his arm and his head over it. I awakened him and gave him his gun left him standing there and went to awaken the other one After having awakened the other I took them both to the Guard House. The man next to him gave his name as Sias. I instructed the guard that they should be carefull [sic] and walk their beats and not fall asleep. This instruction was given about 5 o'clock before the Pickets were posted it was Camp Guard. I cannot say that I made any statement to the Officer of the Guard when I took them to the Guard House. I do not know that he went on the next Guard I saw him the next day at the Guard House. He is either Robert Stevens or Robert Hunter. To the best of my knowledge and belief I believe this to be Stevens that [sic] reason that I believe it to be Stevens is from his general appearance. I cannot say upon Oath that this is Robert Stevens I do not know how often he was put on Guard afterwards I am confident that this man was on Guard I cannot say who this man is. I told the Officer in charge of the Guard to keep the men there I do not know whether he was on post No 18 I cannot say that this is the man I found asleep I prefered these charges and made out the specifications.
I know this prisoner his name is Robert Stevens. I was on Guard at the
time Stevens was but do not remember the day. It runs in my memory that I saw the Officer of the Guard take his gun. I saw Stevens in the Guard House the next day. I was on the same relief our relief was from 8 to 10 o'clock Neither the Officer of the day and the Guard [sic] egave any information before the Guard was posted.
The Prosecution having no further testimony to offer and none being offered by the accused the Judge Advocate submitted the case to the Court. The Court was then cleared for deliberation and having maturely considered the evidence adduced find the accused Private Robert Stevens of Co. I. 155th Penna. Volunteers as follows.
Of the Specifications severally "Not Guilty"Returned for Revision. The acquittal appears to be based on the imperfect identification of the accused by Lieut. Orwig. But Lieut Orwig testifies that the sentinel on the post adjoining that where he found the sentinel asleep and took away his musket gave his name as Sias, and Sias testifies that the prisoner is Robert Stevens. that he was on guard with him (the exact day he does not recollect) that they were on the same relief. that he saw the officer of the guard take away Stevens [sic] musket and that he saw Stevens in the guard house the next day. The Judge Advocate should have taken further evidence to remove any doubt as to the identity of the accused with the sentinel found asleep on post by Lieut. Orwig.. The officers and noncommissioned officers of the guard should have been examined.
A.A. HumphreysThe Court then adjourned until to morrow morning 7 Oct 1862 at 10. A.M.
Tuesday 7th Oct 1862. 10 A.M. Court met pursuant to adjournment, and in consequence of the interference of other military duties, adjourned until to morrow, Wednesday 8. Oct 1862. at 10. A.M.
Wednesday 8. Oct 1862. 10. A.M. Court met pursuant to adjournment and took a recess until 2. P.M. at which hour the Court again met. Absent the following officers
Col. E. M. GregoryThe Court proceeded to the trial of Robert Hunter Private Co. I. 155th Regt Penna Vols, who was called before the Court and having heard the order appointing the Court read was asked if he had any objection to any member named in the Order. Having no objection to any of the members, the Court was then in his presence duly sworn by the Judge Advocate and the Judge Advocate was duly sworn by the President of the Court.
The accused Robert Hunter Private of Company I. 155th Regiment Penna Volunteers was arraigned on the following Charge and Specifications
To which Charge and the Specifications thereto, the accused pleaded as follows.
To the Specifications and to the Charge Guilty.By permission of the Court the Accused introduced testimony in extenuation of his Offence, notes of which are appended hereto and marked 'B'.
The Judge Advocate submitted the Case to the Court without remark and the Court thereupon sentenced the Accused Robert Hunter Private of Company I. 155th Reg't Penna Volunteers, to be reprimanded in the presence of his Regiment at the first Dress Parade after issuance of the Order announcing the Sentence.
Returned for revision. The sentence is inadequate to the offence.
A A HumphreysThe Court then proceeded to the trial of Franklin L. Clough Private of Company A. 91st Penna Volunteers who was called before the Court and having heard the order appointing the Court read was asked if he had any objection to any member named in the Order. Having no objection to any of the members, the Court was then in his presence duly sworn by the Judge Advocate and the Judge Advocate was duly sworn by the President of the Court.
The accused Franklin L. Clough Private of Company A. 91st Penna Volunteers was arraigned on the following Charges and Specifications.
To which Charge and the Specifications thereto the accused pleaded as follows.
To the Specification and to the Charge "Guilty"By permission of the Court the accused introduced testimony in extenuation of his offence, notes of which are appended
hereto and marked 'C'
The Judge Advocate submitted the Case to the Court, and the Court thereupon sentenced the accused Private Franklin L. Clough of Company A. 91st Reg't Penna Volunteers to the Ball and Chain for Thirty Days, Hard Labor for Ninety Days and Forfeiture of Pay for Three Months.
Returned for revision. The sentence is totally inadequate to the offence.
A A HumphreysThere being no further business before them the Court adjourned.
It has been stated by the Judge Advocate that an enlisted man used as a Clerk by the Judge Advocate was present during the whole proceedings, closed + open, of the Court. It is difficult to understand how such an extraordinary irregularity could have occurred, especially as an excellent treatise on Courts Martial was placed in the hands of the Judge Advocate. This act may be considered by Authorities on Military Law to vitiate the whole proceedings of the Court, but as at present informed, believing that it does not, the proceedings have been returned for revisions.
Another irregularity is noticed, although comparatively small. It is the absence of some of the members upon the trial of this last case.
without any reason so far as can be obtained from the record of the proceedings. The Court should have ascertained the cause of absence of each member and determined upon its sufficiency.
I transmit herewith the proceedings of a General Court Martial held at these Head Quarters on the fourth inst., together with my decision thereon and a copy of the final order issued thereon.