And does therefore acquit him.
The case was clear and charges filed correctly, but, on his trial before a general court-martial, held in New Orleans, March 25th, the charges were not sustained; a material witness failed to remember anything.
The proceedings of this court-martial were approved by General Banks in General Orders of June 9th, when Captain Bailey was acquitted, released from arrest and returned to duty; the orders did not take effect until July 20th, when they reached the regiment.
At a general court-martial convened in New Orleans, January 27th, 1863, of which Major F. Frye, Ninth Connecticut Volunteers, was president, the following enlisted men of the Forty-Second were tried, in addition to the case of Private Denny, Company E, already mentioned:
Private William H. Thomas, Company B, for “sleeping on post.”
Private Frank L. Fisher, Company B, for “sleeping on post.”
Privates Thomas and Fisher when found asleep, were awakened and cautioned by the officer of the guard as to the penalty they would incur by going to sleep while on sentry duty. Notwithstanding the caution they allowed themselves to fall asleep again while on guard, and in the same relief.
The findings of this Court were not promulgated in General Orders until March 7th. In the case of Thomas, he was found asleep on post 13, in front of regimental headquarters at Gentilly Bayou, between the hours of one and half-past one o’clock on the morning of February 12th. He pleaded “guilty” to the charge and specification. His plea was accepted, and, as it appeared that he was sick at the time and excused from duty by the surgeon, it was recommended that he be returned to duty.
Private Fisher was found asleep on post 15, at the stable and quartermasters’ department at Gentilly Bayou, between the hours of one and two o’clock on the morning of February 10th. He pleaded “not guilty” to both charge and specification, and the Court on the evidence adduced found him “not guilty,” and recommended that he be returned to duty. Fisher and Thomas, confined since February 12th, were released from confinement in the guard-house March 18th.