Court Martial of 1st Lieut. Robert F. Baker

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is detailed as a member of the said court.

By command of Major General Scott.
R. Jones
Adjt. Genl.

New Orleans Barracks, La.
Wednesday, December 27^th, 1843

First Day

The court meet pursuant to adjournment.

Present

Bvt. Brigr General M. Arbuckle (7th Inf.) Major Samuel MacRee ([McRee] Quartermaster) Bvt. Major Washington Seawell (Co G, 7th Inf.) Captain Frances Lee (Co B, 7th Inf.) Captain John B. Grayson (Com. of Subsistence) 1st Lieut. A. Montgomery (Co K, 7th Inf.)	Members
Bvt. Captain James H. Prentiss, Judge Advocate

The Judge Advocate stated to the court that he had prepared charges against 1st Lieut. Robert F. Baker 7th Regiment of Infantry and was ready to proceed to his trial.

Captains B.L.E. Bonneville² (C^o F, 7th Inf.) and T.H. Holmes (C^o C, 7th Inf.) 7th Infantry then took their seats as members and Lieut. Baker was called into court.

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The General Orders for the assembly of the court having been read, the accused was asked if he had any objection to being tried by the officers named in the order, to which he replied in the negative.

Lieut. Montgomery here stated to the court that "having formed an opinion upon the matter of the charge against Lt. Robert F. Baker, (he) submits that he cannot with propriety sit as a member of the court for the trial of said officer." ——

Whereupon the accused stated "that he would rather that Lt. Montgomery's objection should not be sustained, as he could not understand how Lt. Montgomery could have formed an opinion."

The court closed, and upon consideration, decided to sustain the objection of Lt. Montgomery to himself as a member of the court, on the trial of Lt. Baker, and his seat was accordingly vacated.

The court was then duly sworn in the presence of the accused, and he submitted the following paper:

"Mr. President and Gentlemen of the court.
I have to offer as on objection to trial

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"at this time, the removal of myself from the place where the offences charged are alleged to have been committed, from the fact that many circumstances may arise during the course of trial which might require the production of witnesses at a distance to explain, and for which reason the court might think it necessary to refuse then be transportation to this place, and from the delay [-----]ned in their proceedings."

The court closed to consider the objections of the accused, and decided not to sustain them.

The accused was then arraigned on the following charges and specifications, viz:

Charge 1st:

Conduct to the prejudice of good order and Military Discipline

Specification 1st That 1st Lieut. Robert F. Baker, of the 7th Regiment of Infantry, was intoxicated at camp Barrancas, West Florida, on or about the 3^d of September, 1843.

Specification 2^d That 1st Lieut. Robert F. Baker, of the 7th Regiment of Infantry, did visit at various times, both by day and night, the Hospital at camp Barrancas, West Florida, on or about the 3^d of September, 1843, and interfered with the management of the said hospital, and wake and disturb the sick,

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by repeatedly walking through the hospital and making a noise.

Specification 3^d That 1st Lieut. Robert F. Baker, of the 7th Regiment of Infantry, did, on or about the night of the 3^d of September, 1843, attempt to force open the door of the storeroom of the hospital at camp Barrancas, West Florida, and did order private A. Firch of K. company, 7th Infantry (an hospital attendant) to bring the said Lieut. Baker an axe or hatchet to affect his purpose.

Specification 4th That 1st Lieut. Robert F. Baker, of the 7th Regiment of Infantry, did, at camp Barrancas, West Florida, on or about the night of the 4th or morning of the 5^th of October, 1843, and while under arrest, behave in a disorderly manner, by making a noise and singing in a loud tone in his tent, and by whooping and hallooing³ while passing through the camp.

Specification 5th That 1st Lieut. Robert F. Baker, of the 7th Regiment of Infantry, after being placed in close arrest to his tent at camp Barrancas, West Florida, partly in consequence, (as he was officially informed,) of his previous disorderly conduct in camp,

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did, notwithstanding this admonition, commenced singing or making a noise in this tent about 10 o'clock, on or about the night of the 5th of October, 1843, and continued so doing in a loud tone, until directed to cease by the Sergeant of the Guard.

Specification 6th That 1st Lieut. Robert F. Baker, of the 7th Regiment of Infantry, was intoxicated at Barrancas, West Florida, on or about the 6^th of November, 1843

Charge 2^nd

Improper and vexatious⁴ exercise of authority as officer of the Day, and unauthorized interference with the internal police of the Hospital.

Specification 1st That 1st Lieut. Robert F. Baker, of the 7th Regiment of Infantry, did on or about the 4th of September, 1843, at the Hospital at camp Barrancas, West Florida, (he being at the time Officer of the Day.) order this Hospital Steward, Private W. Morris of company E 7^th Infantry, to keep the store room doors open for his access, and for the access of any person he (Lt. Baker) might think proper to such; and further, did say to the said Hospital Steward, "you must not let me catch you out of the Hospital" or words to that affect.

Specification 2^d That 1st Lieut. Robert F. Baker, of the 7th Regiment of Infantry, being the Officer

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of the Day at camp Barrancas, West Florida, on or about the night of the 27th of September, 1843, and on a visit to the Hospital, did without good cause, and in opposition to the [recuonstranses] of the attending asst. Surgeon, Dr. S. P. Moore, (who [repicsanted] to him that there were several sick men in Hospital who ought not to be disturbed,) order and insist that the Dispensary should be opened, in which the Hospital Steward, than an invalid, slept; and did [thusly] create a noise to the disturbance of the sick; and further, did afterwards order the Hospital Steward to keep the Dispensary open at all hours for his inspection while officer of the Day.

Charge 3^d

Highly insubordinate and disrespectful conduct towards his commanding officer.

Specification 1st That 1st Lieut. Robert F. Baker, of the 7th Regiment of Infantry, at Barrancas West Florida, on the night of the 27th of September, 1843, on being admonished by his commanding officer, Captain D.S. Miles, 7th Infantry, for his unreasonable visit to the Hospital on that night, as officer of the Day, did reply to his Commanding officer in highly insubordinate and disrespectful language.

Specification 2^d That 1st Lieut. Robert F.

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Baker, of the 7th Regiment of Infantry, did on or about the 10th of November, 1843, at Barrancas West Florida, in front of the Commanding officer quarters, address to his commanding officer, Capt. D.S. Miles, 7th Infantry, highly insubordinate and disrespectful language, and accompany ed with violence of manner.

Charge 4th

Breach of Arrest

Specification 1st That 1st Lieut. Robert F. Baker, of the 7th Regiment of Infantry, being in arrest at camp Barrancas, West Florida, with the range of the post, and having received an order from his commanding officer, Captain D.S. Miles, 7th Infantry, on or about the 5th of October, 1843, limiting him to close arrest to his tent, did neglect for nearly two hours to obey said order; thereby disregarding the limits of his arrest.

Specification 2^d That 1st Lieut. Robert F. Baker, of the 7th Regiment of Infantry, did break his arrest at camp Barrancas, West Florida, on or about the afternoon of the 5th of October, 1843, by transgressing the local limits prescribed to him.

Specification 3^d That 1st Lieut. Robert F. Baker, of the 7th Regiment of Infantry, did break his

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arrest at camp Barrancas, West Florida, on or about the night of the 15th of November, 1843, by transgressing the local limits prescribed to him.

Charge 5th

Conduct unbecoming an officer and a gentleman

Specification 1st That 1st Lieut. Robert F. Baker, of the 7th Regiment of Infantry, on or about the night of the 15th of November, 1843, at camp Barrancas, West Florida, did go to the quarters of Sergeant C. Bougette of K company, 7th Infantry, in said camp, and in the presence of the said Sergt and his wife, a laundress, did throw on the ground a paper or parchment, which he said was his commission, and stamp on it, or appear to do so, declaring at the same time that he would sacrifice his commission to obtain possession of said laundress' daughter, or words to that affect.

Specification 2^d That 1st Lieut. Robert F. Baker, of the 7th Regiment of Infantry, at Barrancas, West Florida, on or about the night of the 15th of November, 1843, did deliver to his commanding officer, Captain D.S. Miles, 7th Infantry, his commission as a 1st Lieut in the army, for the object, as he stated, of holding an interview with his commanding officer,

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to request him to order from his residence, a camp girl, (the daughter of Mrs. Bougette.) who was then temporarily in attendance on his family.

To all of which charges and specifications the accused pleaded — Not Guilty.

The court was here closed at the request of a member, who "moved that the specifications to charge 3^d are too indefinite, and that testimony should not be taken on them."

The Judge Advocate referred the court to Haugh's "Military Law Authorities", 1839, page 22, in justification of his manner of drawing up the specification to 3^d charge.

The court after deliberation, decided to take testimony on the specification objected to.

 

Mr. W.H. Baker, Sutler's Clerk, a witness for the prosecution, being duly sworn, says:

I did not see the accused drunk on that day, he was over at the store two or three hours with me on that day. He drank in the course of that morning three or four times.

1^st Question by the Judge Advocate.

Where, and on or about what day did this occurrence take place.

Answer.

It was on the 3^d or 4th September — the 1st Sunday in September, at the Sutlers' Store,

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camp Barrancas, between the hours of 10 and 1. [Aitus] further states – Lt. Baker was at the Sutler's at camp Barrancas, West Florida,–I cannot state the day or date – it was in the month of September last – the later part of September, and I saw him receive a note, after 12. m. He received it from the orderly. He, Lt. Baker, remained at the store afterwards about one hour.

2^d Question by the Judge Advocate.

Who was the orderly that delivered the note, and did you see Lieut. Baker read the note?

Answer.

The orderly was Musician Kelly — I see Lt. Baker read the note.

3^d Question by the Judge Advocate.

Will you reflect and endeavor to fix the date by some other event you may recollect to have occurred about the same time?

Answer.

I can't recall it exactly the date as near as I can come at it, about the 14th September.

4^th Question by the Judge Advocate.

Did you ever see the orderly Kelly deliver more than one note to the accused in the Sultler's Store?

Answer.

No.

5^th Question by the Judge Advocate.

About what time of day did you leave the Sutler's Store

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on the occasion referred to, to go to dinner, and were you there from the time the accused received the note until you went to dinner?

Answer.

It was after 1 o'clock when I left the store. I left Lieut. Baker at the Store. I returned in about 20 minutes and he was gone. I was there from the time the accused received the note, until I left for dinner.

6^th Question by Judge Advocate.

How long after 1 o'clock do you think it was, when you left to go to dinner?

Answer.

It was about a quarter past 1 – o'clock when I left the store to go to dinner.

Question by the court.

Did the accused read the note at the time it was delivered to him by the orderly?

Answer.

He did.

The accused declined cross examining the witness.

Private S. U. White of Company K, 7^th Infantry, a witness for the prosecution, being duly sworn, says:

He, Lt. Baker, came up to the Hospital on the night of the 3^d of September last, passed through the Hospital a number of times, and about the porches, held a conversation with Elwell; He came to the window of one of the wards, outside on the porch, and asked him how he was getting along. Elwell replied

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that he wasn't getting any better – The Lieut. ordered him to get up and let him see him – He made a reply that he was not able to get up – The Lieut. told him he mustn't fancy himself sick – to get up – he then got up on the end of the bed. The Lieut. he put in his hand and felt about him, and made the reply (the Lieut.) that his leg wasn't as large as his. Elwell then made the reply that he wasn't so large a man as the Lieut. The Lieut. told him to take the axe and chop wood for the hospital, and he would be well enough. The Steward then came up with some medicine; the Lieut. took it and carried it away with him.

The next time he came up same night, he came round about 11 o'clock as near as I can judge; then came to the storeroom door, and waked me up trying to get into it; then ordered Finch, a soldier of K company, to bring him an axe to open the door. Finch went and returned, and said he couldn't find it – The Lieut. went away then, after calling to Morris the Steward, passing through the ward of the Hospital.&ndash. To the best of my judgement

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commission of the accused returned to him?

Answer.

I directed the Acting Post adjutant to return it to him on the 16th Novr in the afternoon, after the interview between myself and the accused: But it was not given to him until the morning of the 17th: The Post adjutant reporting to me that he could not find the accused.

Cross examination closed.

Communication from the accused:

"Mr. President and Gentlemen:

"I desire an adjournment of of the court until tomorrow morning, before calling the witnesses for the defense."

The court accordingly adjourned to meet again tomorrow, Saturday January 20th at 10 o'clock a.m.

New Orleans Barracks, La.
Saturday, January 20th, 1844

Eighteenth Day

The court met pursuant to adjournment. Present, the same members as yesterday. The accused entered upon his defense.

1st Sergt Franklin Rounds of Company E. 7th Infantry, a witness for the defense, duly sworn.

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1st Question by the accused.

Do you not sleep in the camp at Barrancas as close to my quarters as any one living in the quarters appropriated to the companies, and were you not living so on the night of the 4th October last, and present in camp on that night?

Answer.

I do sleep as close to Lieut. Baker's quarters as any other person. I suppn I slept in my quarters on the night of the 4th October last.

2d Question by the accused.

Did you hear any disorder in the camp on the night of the 4th October, by whooping and hallooing, from me?

Answer.

No.

3d Question by the accused.

Did you see me at any time on the 15th of November last, and if so, was I intoxicated?

Answer.

I can't recollect of seeing him on that day particularly.

4th Question by the accused.

Did you not at about 12 o'clock of that day show me the morning report of E. company, upon which I had been reported as resigned and dropped from the company; and if so, was I intoxi- cated at the time?

Answer.

I recollect showing the report

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on which he was dropped, to Lieut. Baker, but I cannot recollect positively the day of the month. I did not see any thing that would lead me to believe that he was intoxicated at the time I took the report to him -- I think it was before 12 o'clock when I showed the report to Lieut. Baker.

5th Question by the accused.

Do you recol- lect having seen me on the 3^d September last in camp Barrancas?

Answer.

No. I don't know whether I could say whether I saw him that day, or not.

Question by the court.

Were you so situa- ted on the night of the 4th October that, had there been whooping and hallooring by the accused you must have heard it?

Answer.

I should, if I had been awake.

1st Sergeant James Hurel of Company K 7th Infantry, a witness for the defense, duly sworn.

1st Question by the accused.

Did you see me in camp Barrancas on the 3^d September last; if so, at what times?

Answer.

I saw the accused on the 3^d September last, at 9 o'clock in the evening - no other hour.

2d Question by the accused.

What were the

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circumstances under which you saw me and was I intoxicated at the time?

Answer.

He was at supper; he was not intoxicated at the time.

2d Question by the accused.

Did you see me on the 16^h of November last, and if so, was I intoxicated?

Answer.

I don't recollect.

Cross examined.

1st Question by the Judge Advocate.

Was it at the usual hour for tea that you saw Lieut. Baker on the 3^d September?

Answer.

No.

2^d Question by the Judge Advocate.

Did you have any conversation with him at the time?

Answer.

I had some conversation with him. He asked me to have some supper prepared for him.

Corporal Benjamin Wragg of Company K 7th Infantry, a witness for the defense (sworn on the prosecution.)

1st Question by the accused.

Did you see me interfere with the management of the hospital at Camp Barrancas on the 3^d of September last, in which you were then a patient?

Answer.

I can't say I did

1^d Question by the accused.

Did you see me

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Additional Charges

Additional Charges & Specifications preferred against 1^st Lieut. R. F. Baker 7th Regt. U. S. Infy.

Charge 1^st

Conduct unbecoming an Officer & A Gentleman

Specification 1^st In this; that the said 1^st Lieut. R. F. Baker 7th Regt. U.S. Inf^y did on or about the 28th and 29th Sept. 1843 visit and remain at the Sutlers store, a place of public resort, at Camp Barrancas, W.F. nearly all of said days, drinking spirituous liquor, exposed to the view of Soldiers and others visiting said store, and this while the said 1^st Lieut. R. F. Baker 7th Regt. U.S. Inf^y was under arrest.

Specification 2^nd In this; that the said 1^st Lieut. R. F. Baker 7th Regt. U.S. Inf^y did on or about the 30th Sept. 1843 visit and remain at the Sutlers store, at Camp Barrancas, W.F. during a public sale of Dr. Masters property at the said store & this while the said 1^st Lt. R. F. Baker 7th Regt. U.S. Inf^y was under arrest.

Specification 3^rd In this; that the said 1^st Lieut. R. F. Baker 7th Regt. U.S. Inf^y did on or about the 30th Sept. 1843 at the Sutlers store at Camp Barrancas, W.F. associate, drink, and carouse with Citizens at the said store & this while the said 1^st Lieut. R. F. Baker 7th Regt. U.S. Inf^y was under arrest.

Specification 4^th In this; that the said 1^st Lieut. R. F. Baker 7th Regt. U.S. Inf^y did on or about the 2^nd 3^rd 4^th and 5^th Oct. 1843 visit and remain at the Sutlers store, a place of public resort, at Camp Barrancas, W.F. nearly all of said days: drinking spirituous liquors exposed to the view of Soldiers & others visiting said store, and this while the said 1^st Lieut. R. F. Baker 7th Regt. U.S. Inf^y was under arrest.

Specification 5^th In this; that the said 1^st Lieut. R. F. Baker 7th Regt.

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U.S. Inf^y did on or about the 4^th and 5^th Oct. 1843 play at cards with citizens and others at the Sulters store, Camp Barrancas, W.F. exposed to the view of Soldiers and others visiting the said store, and place of public resort & this while the said 1^st Lieut. R. F. Baker 7th Regt. U.S. Inf^y was under arrest.

Specification 6^th In this; that the said 1^st Lieut. R. F. Baker 7th Regt. U.S. Inf^y did on or about the 11^th Nov. 1843 at the Sutlers store Camp Barrancas, W.F. ask M^r Scott, at the time acting clerkk of said store to place some ardent spirits within his reach near the door of which he drank several times in the presence of Soldiers; this while the said 1^st Lieut. R. F. Baker 7th Regt. U.S. Infy was under arrest.

Specification 7^th In this; that the said 1^st Lieut. R. F. Baker 7th Regt. U.S. Inf^y did on or about night of the 15^th Nov. 1843 at Camp Barrancas, W.F. send a member of the guard Pvt. A Young of K C^o 7^th Infy to M^r Baker the sutlers clerk residing at the house of M^r Gmixon a citizen of the Barrancas for a decanter of Whiiskey.

Charge 2^nd

Drunkenness

Specification 1^st In this; that the said 1^st Lieut. R. F. Baker 7th Regt. U.S. Inf^y was intoxicated at Camp Barrancas, W.F. on or about the 28th Sept. 1843 this while the said 1^st Lt. R. F. Baker 7th Regt. U.S. Inf^y was under arrest.

Specification 2^nd In this; that the said 1^st Lt. R. F. Baker 7th Regt. U.S. Inf^y was intoxicated at Camp Barrancas, W.F. on or about the 4th Oct. 1843 this while the said 1^st Lieut. R. F. Baker 7th Regt. U.S. Inf^y was under arrest.

(Signed) S.P. Moore
Asst. Surgeon

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Found "guilty" of all the charges and sentenced "to be cashiered"⁵

 

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Robert F. Baker

Date	Event
born	New York
1 Jul 1831 – 1 Jul 1836	Cadet at West Point Military Academy, Graduated 39th in class of 49.
1 Jul 1836	Bvt. Second Lieut., 7th Infantry
1836 – 1837	Served on frontier duty at Camp Nacogdoches, I.T.
19 Jan 1837	Second Lieut., 7th Infantry
1837	Served on frontier duty at Ft. Coffee, I.T.
1837 – 1839	Served on Recruiting service
1839 – 1840	Served in the Florida War against the Seminole Indians
26 Nov 1841	First Lieut., 7th Infantry
1840 – 1842	Served in the Florida War against the Seminole Indians
17 May 1842	Engaged in the Skirmish near Ft Waccahoota
1842 – 1843	Served in garrison at Pensacola harbor
27 Dec 1843 – Feb 1844	Court Martial at New Orleans Barracks, Louisiana
16 Mar 1844	Cashiered for Drunkeness
13 Dec 1845	Died

- Biographical Register of the Officers and Graduates of the U. S. Military Academy, at West Point, N. Y.
- West Point Officers in the Civil War
- List of Officers of the Army of the United States from 1779 to 1900