The Judge Advocate stated that he had acquainted the accused of the order convening the Court, to which he replied in the words following, to wit: "What is that to do with me? I recognize no authority in this prison to convene a court martial," or words to that effect.
The accused having refused to appear, the members of the Court were duly sworn by the Judge Advocate, and the Judge Advocate was duly sworn by the President of the Court. The accused, Capt. [again we omit the name], 104th N. Y. Vols., was arraigned on the following charges and specifications:
Charge—Conduct unbecoming an officer and a gentleman.
Specification—In this: That Capt. [we again omit], 104th N. Y. Vols., without provocation, did say in the hearing of several officers to Lieut. Col. Homer B. Sprague, 13th C. V., speaking in coarse and ungentlemanly manner the words following, to wit: [here we omit the language uttered as being too vile and filthy to print]; that he did several times repeat the same in a coarse and angry tone, and used other vulgar and indecent expressions in an insulting tone and manner. This at Danville Mil. Prison, Va., in the lower room thereof on the 29th day of October, 1864.
The accused refusing to appear, the Judge Advocate was directed by the President to enter the plea of Not Guilty.
| To the Specification, | Not Guilty. |
| To the Charge, | Not Guilty. |
Lieut. G. C. Wilson, 2d P. Artillery, and Lieut. Wm. Shuler, 107th P. Vols., witnesses for the prosecution, stated that they had cognizance of the facts set forth in the Specification.
The proceedings of the Court having been reviewed by the Judge Advocate, he submitted the case without argument. The Court was then cleared for deliberation, and having maturely considered the evidence adduced find the accused
On the Specification, Guilty; with the exception of the words "and used other vulgar and indecent expressions."
Of the Charge, Guilty. And do therefore sentence him to be reprimanded by the Senior Officer.