Specification First—“In this: that he, Captain Davis W. Bailey, Forty-Second Regiment, Massachusetts Volunteers, when notified by Captain O. W. Leonard, senior captain of Companies C and H, Forty-Second Regiment, Massachusetts Volunteers, that he (Captain Leonard) had received an order from Lieutenant-Colonel Stedman (commanding Forty-Second Regiment, Massachusetts Volunteers), to send to the regimental headquarters the Descriptive Books of said Companies C and H, did then and there use disrespectful language of his superior officer, saying in substance as follows: ‘the colonel or no other man can have my company books.’ All this at Camp Parapet, Louisiana, on or about the thirteenth day of April, 1863.”
Specification Second—“In this: that he, Captain Davis W. Bailey, Company H, Forty-Second Regiment, Massachusetts Volunteers, did, on or about the thirteenth day of April, 1863, at or near his quarters at Camp Parapet, Louisiana, when waited on by an orderly from the regimental headquarters of the Forty-Second Regiment, Massachusetts Volunteers, which orderly was sent by Lieutenant-Colonel J. Stedman, in the execution of his office, with a written order to Companies C and H, Forty-Second Regiment, Massachusetts Volunteers, to forward their company Descriptive Books for copying on the regimental records, did refuse to send his Descriptive Book, and neglect so to do. All this at Camp Parapet, Louisiana, on or about the thirteenth day of April, 1863.”
CHARGE THIRD.
“Conduct to the prejudice of Good Order and Military Discipline.”
Specification—“In this: that he, Captain Davis W. Bailey, Company H, Forty-Second Regiment, Massachusetts Volunteers, when informed by Captain Leonard, senior captain of Companies C and H, Forty-Second Regiment, Massachusetts Volunteers, that the lieutenant-colonel had sent an order for the Descriptive Books of said companies, did, then and there, at or near his quarters at Camp Parapet, Louisiana, and in the presence of Captain Leonard and at least two enlisted men of the Forty-Second Regiment, Massachusetts Volunteers, refuse to send his Descriptive Book, averring in substance as follows: ‘Lieutenant-Colonel Stedman or no other man can have my company books.’ All this at Camp Parapet, Louisiana, on or about the thirteenth day of April, 1863.”
To all of which charges and specifications the accused pleaded “not guilty.”
The Court, after mature deliberation on the evidence adduced, finds the accused as follows:
Of the specification, first charge—“Not guilty.”
Of the first charge—“Not guilty.”
Of the first specification, second charge—“Not guilty.”
Of the second specification, second charge—“Not guilty.”
Of the second charge—“Not guilty.”
Of the specification, third charge—“Not guilty.”
Of the third charge—“Not guilty.”