the forces from Camp Bisland, and the removal of the train, and to give his personal supervision and attention to the same, did fail and neglect so to do, but went to his need and remained in it during the greater portion of the night, without giving his personal management to the movement. This at Camp Bisland, on the night of the 13th of April and the morning of the 14th of April, 1863.
To which charges and specification the accused pleaded "Not guilty."
The court, after mature deliberation on the testimony adduced, finds the accused, Brigadier General H. H. Sibley, Provisional Army of the Confederate States, as follows:
Of the 1st specification of the 1ST CHARGE, " Specification proven, and although the court are of opinion that Brigadier General H. H. Sibley, (the accused) did not display that promptness in making the necessary arrangements for the attack that he should have done, and is to that extent censurable, yet they are of the opinion that the evidence shows a train of circumstances that relieve him from the consequence of a deliberate disobedience of orders."
Of the 2nd specification of the 1ST CHARGE, "Specification proven (except as to that portion relating to the Federal prisoners), but attach no criminality thereto, inasmuch as the evidence shows that there was no other possible means in Brigadier-General Sibley's control to save the sick and wounded from capture by the enemy than by using the steamer Cornie."
Of the 3rd specification of the 1ST CHARGE, "The facts set forth in the specification proven, and although the court do not acquit the accused of having done all that he should have done in conducting the retreating column, and in the selection of the camp, they are of opinion that the apparent disobedience of orders arose from a misconception of the orders of his superior."
Of the 1ST CHARGE, "Not guilty."
Of the 1st specification to 2ND CHARGE. "Not guilty."
Of the 2nd specification to 2ND CHARGE, "Not guilty."
Of the 2ND CHARGE, "Not guilty."
And the court does therefore acquit the accused, Brigadier General Henry H. Sibley, Provisional Army of the Confederate States.
2nd. Captain Alexander Grant, serving with the Confederate States gunboat Cotton, on the following charge and specification:
CHARGE.-Disobedience of orders.
Specification.-In this, that the said Alexander Grant, serving with the Provisional Army of the Confederate States, and commanding the gunboat Cotton or Mary T., having been ordered to assist with his said boat in the defense of Fort Burton against any attacks which might be made against it by the enemy, and to remain with his said boat, and, in the event of its being necessary to evacuate the said fort, to remove the garrison guns and stores on the said gunboat Cotton or Mary T., did, although repeatedly ordered and required by Captain Holmes, commanding said fort, to remain, for the purpose above mentioned, on the 20th of April, 1863, leave the said fort and its vicinity with his said boat, without rendering suitable assistance in its defense, and did abandon the fort and its garrison without making proper efforts to assist in their defense or in the removal of the garrison guns and stores.
To which charge and specification the prisoner pleaded "Not guilty."