Homer B. Sprague

(From the original record. See p. 88.)

Proceedings of a Court Martial convened at Danville Mil. Pris. by virtue of the following Order:

Danville Mil. Prison, Oct. 29, 1864.

General Order

No. 1.

Pursuant to the Regulations adopted by the Union Officers of the 2d Floor Military Prison, Danville, Va., Oct. 26, 1864, a Court Martial is hereby appointed to convene at 10 o'clock A.M. on the 29th inst. or as soon thereafter as may be practicable, for the Trial of Captain [I omit from the record the name of the accused], 104th N. Y. Vols., and such other officers as may be brought before it.

By order of the Officers of the 2d Floor,
James Carle,
Col. 190th Pa. Vols., Senior Officer.

The Court met pursuant to the foregoing order. Present all the members. The Court then proceeded to the trial of Capt. [we again omit the name of the accused], 104th N. Y. Vols.

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.

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.

The Court is thus lenient owing to this being the first case of the kind brought before it.

Wm. A. Leach, Lt. Col. 90th Regt. Pa. Vols., Pres.;
Jas. A. Clark, Adjt. 17th Pa. Cavalry, Judge Advocate.

The Proceedings and Findings in the foregoing case are hereby respectfully submitted to Brig.-Gen. Hayes for his consideration.

James Carle, Col. 191st Pa. Vols., Senior Officer, 2d Floor.

The Proceedings and Findings of the Court Martial of which Lt. Col. W. A. Leach, 90th Pa. Vols., was President, having been submitted to Brig.-Gen. Hayes, the Senior Officer present, are approved. The extreme leniency of the Court must be apparent to all, and can only be excused by the novelty of the case brought before it. Language fails to convey censure adequate to the gross vulgarity and ungentlemanly conduct of the accused. Captain [we omit the name] seems to forget or misconceive his responsibility in his present circumstances. An officer being a prisoner of war is not relieved from his responsibility to his government nor from his liability to the regulations of the service as far as may be applied to his dishonor by ungentlemanly and unofficer-like conduct; and many other offenses committed by an officer when a prisoner of war are as punishable as if that officer were serving with his command. And it is well the officers in the prison have organized a Court for the summary punishment of those of their number, who, forgetful of their position and their honor, would bring shame upon themselves and their associates.

It is to be hoped that Capt. [name we omit]'s conduct in the future will be such as will cause to be forgotten his mistakes of the past.

Joseph Hayes, Brig. Gen. U. S. Vols.