Puzzling Court Martial record

[John Hartwell]

I have been puzzling over vague and partially illegible record, dated 10 April 1863, of

"A general Court Martial of which Maj. Henry S. Higginson 1 Mass Cavy was President convened at the Camp of the 3d Penn. Cavy by virtue of Special Order No. 39 from Head Qrs Center Grand Divn of Dec 28th/62 was arraigned and tried.

"I. Private William H. Legge Co. C, 1 Mass Cavy in the following Charge
[Violation?] of orders
Finding - Guilty
Sentence. To forfeit Seventy two dollars of his pay, and that he wear a [illegible…] or a straight Jacket for one month, from 12 o'clock until 2 o'clock night & day during that period."

"II. The proceedings of the General Court Martial in the foregoing case having been transmitted to the Maj Genl Cmdg, the following are the orders thereon -- the record in the Case of Private William H. Legge C Co. 1 Mass Cavy does not state that the Judge Advocate was duly Sworn in the presence of the prisoner. -- On account of that irregularity the proceedings in these cases are disapproved. The before named prisoner will be released from Custody and return to Duty. By Command of Maj Genl Hooker"


The curious section, with the very vague charge ("Violation? of orders") and partially illegible sentence is this:

Whatever the specific "violation" he was charged with, the Court thought it serious enough to warrant a full month of corporal punishment . But, perhaps Joe Hooker was less outraged, and let Pvt Legg (correct spelling) off on a technicality.

"from 12 o'clock until 2 o'clock night & day" -- does that mean only between noon and 2 pm, and midnight and 2 am?

I wish I could locate that "Special Order No. 39 from Head Qrs Center Grand Divn of Dec 28th/62"

 

[John Winn]

Yes, I'm certain it's "violation of orders". I'm also certain the first of the illegible words is pork (compare known letters p and k in other words and the word "or") and I think the second word is barrel. That makes sense as being made to wear a barrel was a common punishment. I, too, wondered about the times. That could be interpreted several ways. However, I've read that the barrel punishment usually only lasted for a few hours so maybe it did mean four hours a day (twice from 12 to 2).

https://commons.wikimedia.org/wiki/File:Barrel_Shirt_Punishment.jpg

 

[AndyHall]

Concur with John -- "violation" and "pork barrel."

I haven't seen one before that specified wearing the barrel shirt at night. Typically the man would spend his two hours per day in it being marched up and down the company street with a guard, drums and fifes to draw attention to him. Pour encourager les autres, you see.

 

[kholland]

I have been puzzling over vague and partially illegible record, dated 10 April 1863, of

"A general Court Martial of which Maj. Henry S. Higginson 1 Mass Cavy was President convened at the Camp of the 3d Penn. Cavy by virtue of Special Order No. 39 from Head Qrs Center Grand Divn of Dec 28th/62 was arraigned and tried.

"I. Private William H. Legge Co. C, 1 Mass Cavy in the following Charge
[Violation?] of orders
Finding - Guilty
Sentence. To forfeit Seventy two dollars of his pay, and that he wear a [illegible…] or a straight Jacket for one month, from 12 o'clock until 2 o'clock night & day during that period."

"II. The proceedings of the General Court Martial in the foregoing case having been transmitted to the Maj Genl Cmdg, the following are the orders thereon -- the record in the Case of Private William H. Legge C Co. 1 Mass Cavy does not state that the Judge Advocate was duly Sworn in the presence of the prisoner. -- On account of that irregularity the proceedings in these cases are disapproved. The before named prisoner will be released from Custody and return to Duty. By Command of Maj Genl Hooker"


The curious section, with the very vague charge ("Violation? of orders") and partially illegible sentence is this:
View attachment 102975
Whatever the specific "violation" he was charged with, the Court thought it serious enough to warrant a full month of corporal punishment . But, perhaps Joe Hooker was less outraged, and let Pvt Legg (correct spelling) off on a technicality.

"from 12 o'clock until 2 o'clock night & day" -- does that mean only between noon and 2 pm, and midnight and 2 am?

I wish I could locate that "Special Order No. 39 from Head Qrs Center Grand Divn of Dec 28th/62"

He was to wear a pork barrel or straight jacket for one month after paying $72 which sounds very high considering soldier's pay back then.

 

[Keiri]

Where did you get court martial papers? I'm jealous!

 

[JPK Huson 1863]

Where did you get court martial papers? I'm jealous!

There's a link at the bottom of John Hartwell's post, to Google Civil War documents? Fair warning, once you begin digging around in those places it's terrible, you find so much you never surface! Jno first went in there as 24 year old grad student, true story! We had to send search and rescue dogs.

 

[John Hartwell]

Where did you get court martial papers? I'm jealous!

This one happened to be included in Pvt Legg's MSR -- just luck (mine, not his). "Stumbling" across it seems to be the usual way of finding out a CM even took place. After that, where to find the official record is the question I can't answer.

 

[Waterloo50]

Any idea what it says on the barrel in the far right of the picture, it probably names his crime. I think it says Thief.

 

[Waterloo50]

Ive had a little read up on the barrel punishment, here in England they would cut holes in the barrel for the arms, legs and head, pictures or writing would be added to the outside of the barrel to let people know which crimes you had committed. Once the barrel was placed on the victim, they were then set free to walk around town, it was designed to humiliate.
This poor chap was 'Too fond of whiskey'.

 

[John Hartwell]

Any idea what it says on the barrel in the far right of the picture, it probably names his crime. I think it says Thief.

Humiliation was, I think, the main purpose -- especially if it had a sign like "Thief" or "Coward" attached to it.

 

[Waterloo50]

Humiliation was, I think, the main purpose -- especially if it had a sign like "Thief" or "Coward" attached to it.

So they were a bit like mobile stocks.

 

[John Hartwell]

So they were a bit like mobile stocks.

Right.
The big question I have about this particular case is the $72 fine -- that's nearly 6 month's pay! That's a huge fine for I don't know what, beyond "violation of orders." What orders? Just what was his specific offense? I'll be trying to find out, though I don't quite know the best way to proceed at this point. I'll figure something out. But, the answer probably won't be found online.

 

[Waterloo50]

I have been puzzling over vague and partially illegible record, dated 10 April 1863, of

"A general Court Martial of which Maj. Henry S. Higginson 1 Mass Cavy was President convened at the Camp of the 3d Penn. Cavy by virtue of Special Order No. 39 from Head Qrs Center Grand Divn of Dec 28th/62 was arraigned and tried.

"I. Private William H. Legge Co. C, 1 Mass Cavy in the following Charge
[Violation?] of orders
Finding - Guilty
Sentence. To forfeit Seventy two dollars of his pay, and that he wear a [illegible…] or a straight Jacket for one month, from 12 o'clock until 2 o'clock night & day during that period."

"II. The proceedings of the General Court Martial in the foregoing case having been transmitted to the Maj Genl Cmdg, the following are the orders thereon -- the record in the Case of Private William H. Legge C Co. 1 Mass Cavy does not state that the Judge Advocate was duly Sworn in the presence of the prisoner. -- On account of that irregularity the proceedings in these cases are disapproved. The before named prisoner will be released from Custody and return to Duty. By Command of Maj Genl Hooker"


The curious section, with the very vague charge ("Violation? of orders") and partially illegible sentence is this:
View attachment 102975
Whatever the specific "violation" he was charged with, the Court thought it serious enough to warrant a full month of corporal punishment . But, perhaps Joe Hooker was less outraged, and let Pvt Legg (correct spelling) off on a technicality.

"from 12 o'clock until 2 o'clock night & day" -- does that mean only between noon and 2 pm, and midnight and 2 am?

I wish I could locate that "Special Order No. 39 from Head Qrs Center Grand Divn of Dec 28th/62"

Sorry, a little off thread but I followed the google link in your post and found myself reading : In a Rebel Prison, or, experiences at Danville, Va.
by ALFRED S. ROE
(private, Co. A, 9th N. Y. Heavy Artillery)

Well worth a read.

 

[John Hartwell]

Sorry, a little off thread but I followed the google link in your post and found myself reading : In a Rebel Prison, or, experiences at Danville, Va.
by ALFRED S. ROE
(private, Co. A, 9th N. Y. Heavy Artillery)

Well worth a read.

That's one of a series of four memoirs by Rowe that combine to form the complete story of his enlistment. You'll find all of them there, starting with Monocacy.