Pvt. John Killeen 96th Pennsylvania Infantry Regiment Court Martial

96th PVI at Camp Northumberland

THE INTERESTING CASE OF PRIVATE JOHN KILLEEN OF COMPANY I 96TH PENNSYLVANIA VOLUNTEER INFANTRY.

KILLEEN ENLISTED ON SEPT. 20 1861 AT POTTSVILLE AND WAS MUSTERED IN ON THE 23RD HE WAS 23 YEARS OLD AT THE TIME OF ENLISTMENT.
SO MANY OF THESE CASES WERE HELD DURING THE CIVIL WAR THIS ONE IS INTERESTING. I CANNOT FIND ANYTHING MORE ON THE CASE THAN WHAT IS SHOWN HERE.
KILLEEN WAS NOT EXECUTED BATES SHOWS HIM AS DISHONORABLY DISCHARGED DATE UNKNOWN..

Before a General Court Martial, which convened at the Headquarters 3d Brigade 1st Division, 6th Corps, pursuant to Special Orders No. 62, dated January 31, 1863, and No. 75, dated February 13, 1863, Headquarters 1st Division, 6th Corps, and of which Colonel Emory Upton, 121st New York Volunteers, is President, was arraigned and tried—
Private John Killeen, company I, 96th Pennsylvania Volunteers.

CHARGE I.—" Disobedience of orders."
Specification—"\n this; that the said Private John Killeen, company I, 96th regiment Pennsylvania Volunteers, did, when ordered by the 1st Sergeant of his company to go on guard duty, refuse to go. This on the 7th day of February, 1863, at the camp of the 96th regiment Pennsylvania Volunteers, near Windmill Point, Virginia."

CHARGE II.—"Conduct prejudicial to good order and military discipline."
Specification—" In this; that said Private John Killeen, company I, 96th regiment Pennsylvania Volunteers, upon being ordered to go on guard duty by his superior noncommissioned officer, 1st Sergeant John Bowler, company I, 96th regiment Pennsylvania Volunteers, did use abusive and insulting language to him, swearing, ' By my living Jesus Christ, I will have your life the first chance, you son of a bitch.' This on the 7th day of February, 1863, at the camp of the 96th regiment Pennsylvania Volunteers, near Windmill Point, Virginia."

CHARGE III.—" Using threatening and abusive language to his superior officer."
Specification—"In this; that the said Private John Killeen, company I, 96th regiment Pennsylvania Volunteers, did call Captain Matthew Byrnes, company I, 96th Pennsylvania Volunteers, 'a damned son of a bitch;' and did, in the presence of enlisted men, threaten to shoot said Captain Byrnes. This at camp of the 96th regiment of Pennsylvania Volunteers, near Windmill Point, Virginia, 18th February, 1803."

CHARGE IV.—" Violently assaulting his superior officer."
Specification—" In this; that he, the said Private John Killeen, company I, 96th regiment Pennsylvania Volunteers, did strike Captain Matthew Byrnes, company I, 96th regiment Pennsylvania Volunteers, while said Captain was engaged at his dinner. This at camp of the 96th regiment Pennsylvania Volunteers, near Windmill Point, Virginia 18th of February, 1863."

CHARGE V.—" Inciting to mutiny."
Specification—" In this; that the said Private John Killeen, company I, 96th regiment Pennsylvania Volunteers, being under arrest, did violently break away from the guard, enter his tent, seize a musket, and call upon enlisted men to assist him, saying, I'll shoot the first son of a bitch that comes to arrest inc.1 This at the camp of the 96th regiment Pennsylvania Volunteers, near Windmill Point, Virginia, 18th February, 1863."

CHARGE VI.—"Attempting to shoot a superior officer."
Specification—"In this, that the said Private John Killeen, company I, 96th regiment Pennsylvania Volunteers, did snap a loaded musket at Lieutenant Amos Frostman, 2d Lieutenant company D, while in discharge of his duty as Officer of the Guard, saying, You son of a bitch, I'll shoot you.' This at the camp of the 96th regiment Pennsylvania Volunteers, near Windmill Point, Virginia, 18th February, 1863."
To which charges and specifications the accused, Private John Killeen, company I, 96th Pennsylvania Volunteers, pleaded " Not Guilty."

FINDING.
The Court, having maturely considered the evidence adduced, finds the accused, Private John Killeen, company I, 96th Pennsylvania Volunteers, as follows:

CHARGE 1
Of the Specification, “Guilty."
Of the Charge, “Guilty."

Charge I1
Of the Specification, “Guilty."
Of the Charge, " Guilty."

CHARGE 111.
Of the Specification, " Guilty, except the word ' damned.' "
Of the Charge " Guilty."

CHARGE IV.
Of the Specification, " Guilty."
Of the Charge, " Guilty."

CHARGE V.
Of the Specification. " Guilty, except the word ' violently.'"
Of the Charge, " Guilty"

CHARGE VI.
Of the Specification, " Not Guilty."
Of the Charge, "Not Guilty."

SENTENCE.
And the Court does therefore sentence him, Private John Killeen, Company I, 96th Pennsylvania Volunteers, "To be shot to death with musketry, at such time and place as the Commanding General may direct: two-thirds of the members of the Court concurring therein."