Adjutant and Inspector General’s Office, 
. 
GENERAL ORDERS, ) 
No. 106. 5 
Richmond, July 30, 1863. 
I. Before a General Court Martial, convened aj; Shelbyville, Tennessee, 
by virtue of Special Orders, No. 134, paragraph VII, current series, from 
Head Quarters Army of Tennessee, was arraigned and tried; 
Private John Wiuthead, Company F, 16th Tenu. Regiment, on the 
following Charge: 
C hauge—Desertion. 
FINDING. 
Of the Specification, 
Of the Charge, 
Guilty. 
Guilty. 
SENTENCE. 
11. The proceedings in the above case having been laid before the Se- 
cretary of War, for the decision of the President, it is ordered, upon the 
application of the Commanding General, and upon the statement made 
by the Medical Director of the Army of Tennessee, that the sentence be 
remitted. Private Whithead will be released and returned to duty. 
To he shot to death with musketry. 
111. The proceedings in the case of Private L. H. Toole, Company E, 
3d Ga. Regiment, convicted before a General Court Martial, convened at 
the Camp of Major General R. H. Anderson, by virtue of General Orders, 
No. 133, of 1862, from Head Quarters of Northern Virginia, of abandon- 
ing his company and regiment, then on picket duty, and running away, 
while the enemy was bombarding the town of Fredericksburg, on the 
31th December 1862, and sentenced to be shot to death by musketry, 
having been laid before the Secretary of War, tor the decision of the Pre- 
sident, it is ordered, that in consideration of the additional evidence of 
good conduct, referred to by the general of division, the previous gallant 
services and zeal of the prisoner, together with the punishment he has 
already suffered, the sentence is remitted, with the hope that this lesson 
will prevent a recurrence of like misconduct. The prisoner will be re- 
leased and returned to duty. 
By order. 
: 
Adjutant and Inspector General 
S. COOPER.