Proceedings of a Garrison Court Martial convened at Camp Finegan E. Florida, by Virtue of the following Order:

            General Order                                                 

                        No 2                

H^d Quarters   

Camp Finegan Jany 11/64

                                            

A Garrison Court Martial will be convened at this Post tomorrow morning at 10 O'clk or as soon thereafter as practicable for the trial of Private William F. Lee of Co "F" 2^nd Fla Cav and any other cases that may brought before it.

 

Detail of the Court

Capt S. M. G. Gary  Co "G" 6^th Fla Batt

Lt J. P. Smith         "    "K" "          "

"  Geo. B. Ellis        "    "F" 2^nd  "   Cav

"  M. H. Rogers      "    "F" 6^th  "   Batt as Judge Advocate

 

By Order of

Lt Col M^cCormick

Comdg Post

W^m Telford

Post Adjt.

 

The Court met pursuant to the above order.

Present:          

Capt S. M. G. Gary     Co "G" 6^th Fla Batt

Lt J. P. Smith              "    "K"            "

  "   Geo B Ellis           "    "F"  2^nd  "  Cav

"   M H Rogers            "    "F"  6^th  "   Batt as Judge Advocate.

 

Sergeant Samuel H. Worthington of Co "A" 6^th Fla Batt. the accused, also present.

The Judge Advocate having read the Order convening the Court, asked the accused /

 

the case of Sergt Samuel H Worthington

of the Charge Not Guilty

of the Specification Not Guilty

 

Lt Davis was sworn.

Ques by the Judge Advocate.             Do you know the accused and was is he duly appointed Sergent?

A         I do know him. he was duly appointed Sergent. he is a Sergent in Co 6 Fla Batt

Q         Was he as a Sergant together with others as privates detailed by the propper      Authority to go in persuit, to arrest certain deserters from Camp Finegan?

A         He was.

Q         When did he return to Camp under this detail?

A         On thursday the 14^th Inst.

Private M South was sworn

Ques.   Do you know the accused?

A         I know him by sight.

Q         Did you see the accused on the train from coming from Baldwin

                        on thursday the 14^th Inst see the accused whilst on the the R Road train          running from Baldwin to Camp Finegan, and if so, what was his conduct and did he appear under the influence of liquor.

A         I did see him on the train and judged him to be under the influence of liquor. I did         not see him drinking. his conduct was not disorderly but of good humor as under           the influence of liquor.

Q         Was he in charge of

Q         was he in your opinion intoxicated?

A         He was slitely intoxicated, and so much so that he could that is he could not walk        from one end of the car to the other with stumbling with on person in his way.

Question          Do you think it was the effects of drinking or the motion of train which disenabled him from walking without stumbling?

An       It was in my opinion the combined effect of both. /

 

                        X                                 By Court

Q         Did you think him so much intoxicated as to be unfit for duty as a Sergant for the     custody having in custody of a deserter as a prisoner?

A         I do, because I deam any man at all intoxicated unfit for such duty. At the same        time I noticed he seam to have controll over his Guard and they obayed him.

Q                                                         X examened

Q by acc

            did you see me one of my Guard me quell a difficulty between one of my Guard         and the conductor?

Answer            I did not

 

T J Parish was sworn

Question by Judge Advocate

                        Were you together with one of the detail under Sergt Worthington the          accused for the arrest of deserters and if so did you return with him from Baldwin     to Camp Finegan on Thursday the 14^th Inst in charge of a deserter?

A         I was one of the detail under Sergt Worthington and returned with him on said         day in charge of a deserter on thursday the 14^th Inst.

Q         Did you see Sergt the accused drinking during the day and was he between      Baldwin & Camp Finegan much under the influence of liquor?

A         I saw him he was appeared to be under the influence of something—and did seam      to have controal over his Guard and in one instance did control one of his Guard      who was about to have a difficulty. /

 

3

 

X examened

Q By Accused.            You know that during the morning the prisoner was put in charge        of acting Corporal John Dixon Co 'A' 6 Fla Batt?

A         He was.

Q         was I that day in charge of the Baggage and freight which I had purchased for Co         "A" leaving the said acting Corporal in charge of the Guard Prisoner

A         Sergt Worthington the accused had freight & Baggage on board the car and was                       attending to it.

Q         was the Said Corp John Dixon Co A 6 Fla Batt an a reguggular appointed        Corporal or was he just acting for the time being by order appointment Sergt         Worthington?

A         He was mearly acting as Corporal under appointment of Sert Worthington for the    Trip.

Capt Row was duly sworn

Ques by J Ad.

            Do you know the accused Sergt Worthington?

A         I am not acquainted with him

Q         Did you on thursday the 14^th Inst see the accused whilst on board the RR Train     from Baldwin to Camp Finegan or at any time thereafter and if so what was his        conduct and did he appear under the influence of liquor?

A         I saw him on board of the Train. his conduct was rather sorry and disorderly and he appeared to be under the influence of liquor.

Q         was he so much under the influence of liquor as to disqualify him as a Sergant         from taking charge of a deserter as a prisoner?

A         I think he was.

Q                                                         By the court

Question          What did you act or disorderly conduct did you see him quilty of?

A         He was taulking behaving in bostrous manner in a boustrously manner and     behaving in a bostrous manner. his behavior was was unbecomeing a n.c officer. /

Question          did you see him after leaving the Train and if so did his behaviour what           was his behavior, and could he walk strait?

A         I saw him, but I did not notice him particularly.

X examened

Question by Judge Accused

            Was I respected and obayed by men under my Guard? Command?

A         I did not notice, but saw nothing to the contrary.

Private Edmond Smith Co "C" 6^th Fla Batt

                        a witness for the defence was sworn

Question by accused.

            Did you see me on the 14^th inst on my arrival at Camp Finegan the Rail Depot at         Camp Finegan?

Answer            I did.

Question          Did you consider me drunk, and not capable of discharging my duty as a        Sergant?

Answer            I did not consider the you drunk to such a degree to un disqualify you as a      Sergant on duty.

Question by J Advocate          Re examened

                        What are the duties of a Sergant in charge of a deserter?

Answer            to take care that he sees that he dont get away.

By Court

Question          Did you see him at the Depot soon after the arrival of the Train?

Answer            I did.

Question          Do What was his conduct orderly or disorderly?

Answer            I saw nothing disorderly in his conduct /

 

 

Calvin Mason Co "C" 6 Fla Batt was sworn

Question by Accused  Did you see me on Thursday the 14 inst on the arrival of the Train      and if so was did you consider me drunk and not capable of not doing my duty as         a Sergant?

Answer            I did see you and you did not look like a drinking man to me.

Question          How near were you to Sergt Worthington. did you converce with him and Judge Ad       for what length of time did you see him?

Answer            I was about 4 feet from him. I did not converce with him. I saw him about          5 minutes. I heard him taulking with other persons during the aforesaid time.

Lt Davis Co "A" 6 Fla Batt was sworn

Question by Judge Advocate Accused

                        What has been my character and standing as an officer in your Company?

Answer            Your character has been very good and I regard him you as one of my best officers. Very prompt in duty and very punctual to obay.

T J Parish Co "G" 6 Fla Batt was sworn

Question by Judge Advocate Accused

                        Statement the hardships endured by me and those under my command in the late detail to arrest deserters?

Answer            We were out day an exposed day and night to rain and cold, mud & water, oftain without provisions for 24 hours at a time.

            Of the Specification   Guilty

            of the Charge              Guilty

SOURCES