Burch, James A. (1829-1906) [Court Martial proceedings in the case of John Absher for being absent without leave]
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Gilder Lehrman Collection #: GLC02233.32 Author/Creator: Burch, James A. (1829-1906) Place Written: Kinston, North Carolina Type: Autograph document signed Date: 28 July 1863 Pagination: 4 p. ; 20.5 x 17 cm. Order a Copy
Details court martial proceedings of John Absher, who pled guilty to the charge of "absence without leave," but attempted to defend his conduct, saying he was unable to return in time due to poor health. Records specifics of the charge, testimony from the trial, and resulting sentence. Despite Absher's defense, he was sentenced to "be bucked with a stick ¾ of an inch in diameter and gaged for twenty days two hours in the morning and be compelled to stand in the stocks two hours in the evening of each day."
James A. Burch was a Captain in the Fiftieth North Carolina Infantry. Later served as a state senator for North Carolina.
James A. Burch was a Captain in the Fiftieth North Carolina Infantry. Later served as a state senator for North Carolina.
Proceedings of a Regimental Court Martial convened at camp near Kinston NC on Tuesday 28th July 1863 by virtue of the following order
Hd Qrts 50th NCI
Near Kinston July 28th 1863
Special Order
No ________ A Regimental Court
Martial is hereby ordered to convene on Tuesday the 28th July at 10 O'clock A.M for the trial of privates Boone & Mellow Co "G" 50th Regt NCI and such the prisoners as may be brought before it
Detail for the Court
Capt. Jas. A. Burch Co "U"
Lieut. Wm Corbelt Co "I"
Lieut W. B. Jenkins Co "B"
By order
Col. J Washington
The Judge Advocate having read the order convening the court asked the prisoner if he objected to any member of the Court to which he answered No and the Court having been duly sworn, the charge against the prisoner was read aloud as follows.
Charge - Absence without leave.
Specification, In this that the said Prvt. John Abshene Co "B"
50th Regt NCI did absent himself from his company and regiment at Camp near Kinston NC on or about the 5th May 1863 without leave from proper authority and did remain absent until the 13th June 1863 at which time he rejoined his company & Regt at camp near Greenville NC of his own accord
Signed B C Atkinson
Capt Co "B" 50th NC Regt
Witness
Serg J. H. Collins Co "B"
Prvt. J. W. Borth Co. "B"
The Judge Advocate addressing prt. John Abshere Co "B" 50th Regt NCI you have heard the Charge and specification preferred against you. How say you - guilty or not guilty, to which he answered "Guilty"
Sergt J. H. Collins Co "B" 50th NCI a witness on the part of the prosecution being duly sworn testified as follows - that the prisoner not being present on 6th May 1863 at roll call he reported him as absent without leave.
Prct. J. W. Brutt Co "B" 50th NCI a witness for the prisoner being duly sworn testified that he had received a letter from the prisoner in which he stated he would return to the Regt but was unable to do so on account of "rising on the foot" & also the reason why he went home was that he had heard that he was about to loose his property and leave his family in a helpless condition. The prisoner produced a certificate from Joseph C. Lee J. P. in which was stated that the prisoner would have returned earlier but was prevented on account of affliction and that he considered him honest, and could be relied on.
The evidence on the part of the prosecution and the prisoner being closed, the court was cleared for deliberation and having maturely considered the evidence addressed Find the prisoner Prvt. John Absher, Co "B" 50th Regt. NCI
Of the Charge - Guilty
Of the Specification - Guilty
And the Court do therefore sentence the said Prvt. John Absher Co "B" 50th Regt NCI to be bucked with a stick ¾ of an inch in diameter and gaged [sic] for twenty days two hours in the morning and be compelled to stand in the stocks two hours in the evening of each day.
Jas A Burch
Capt Co "A" 50th NCI
& Pres. Of the Court
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