On consideration of the evidence adduced the Court pronounced the prisoner A. Scales "Guilly," of the Several charges & Specifications prefered against hom. Private John T. Garner was arraigned on the following charges & Specifications Viz. Charges prefercd against John T. Garner an enlisted Soldier now attached to Compy (A) 1st regiment regular lnfty. Charge 1st Desertion Specification 1st. He the said Garner having deserted from Fort Goliad. Charge 2d. dsobedience of Orders. Specification 1st. He the said grner having been run in camp by leut F. W. Thornton under whose command he was when he deserted was ordered to the above named company by the said Lieut. Thornton but refused to obey. Specification 2d. The said grner having been ordered to the above mentioned compy. by myself refused to obey the order & gave insolent language Signed tale, Captn. Comp. a 1st regt. regular lnfty Lieut f W. Thornton Dr. Wm. Motley Witnesses To all which Charges & Specifications the prisoner plead "Not Guilty" Lieut. Thornton Sworn. Prisoner was regularly enlisted in the Service & tranfered lo his command by Captn. W. while at Fort Goliad about two months since, gave permission to prisoner to go with another man to assist in getting horses, & ordered him to return with the man. The man came back in about three days. Prisoner did not return to the Ford. \Vitnc:;s did not ~e him again untill he (witness) came into Camp on the Colorado. prisoner had been under witness' command at Goliad about a week or ten days or thereabouts previous lo his leaving the fort. After witness came into camp he ordered prisoner to join his campy. prisoner refused positively to obey. Witness was present & heard Capln. Tcale order prisoner to join his compy. prisoner refused obedience & was taken by force. Dr. Motley, Sworn. only knows the fact of the prisoners absence from fort Goliad. The testimony here closed.
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