4 x 6 5/8, imprint.
Adjutant General's Office
Washington, August 18, 1863
In the cases of Bugler John O'Brien, of Light Company A, 3d U.S. Artillery, and Musician Samuel Madden, of Company B, 5th U.S. Infantry, and of Private Thomas Lynch, of Company K, 5th U.S. Infantry, tried by Garrison Courts Martial, convened by Special Orders, Nos. 61 and 66, Headquarters, Albuquerque, N.M., June 15 and June 26, 1863, on the charge of "conduct prejudicial to good order and military discipline," the charge should have been laid under the 45th Article of War, the specifications charging them with drunkenness while on duty. The suspension of the sentences by the Department Commander is approved, and they are inoperative, not having been awarded under or in accordance with the proper Article of War, which specifies the kind of punishment for the offence of which they were convicted.
Bugler O'Brien, Musician Madden, and Private Lynch, will be released from confinement and returned to duty.
BY ORDER OF THE SECRETARY OF WAR:
Assistant Adjutant General
Light age toning and wear.