.NjE.MTY1NA

�Kendall of the 1. regiment 2. brigade of the Division, upon the following charges, vir. 1. "For disobedience of orders & neglect of duty in not bringing his company to the regimental parade in Hallowell, agreeable to orders on the 22, September last." 2. "For that after he had called out his company to perform that duty & marched them part of the distance to the place appointed for the regimental muster, he then & there did presumptuously dismiss his said company & gave them liberty to return without beginning the duties required of him."

   The said Captain Kendall being three times solemnly called to came into Court, & to answer to the charges aforesaid, did neglect to appear on to make any defense. The Court do therefore adjudge the said Captain Abiathar Kendall guilty of both the charges alleged against him as aforesaid, and sentence him to be removed from office, and rendered incapable of holding any military commission under this Commonwealth for the term of four years from the said fourth day of January instant.
   The Major General approves the foregoing sentence. The Courtmartial is dissolved.

   For the information of such Officers as may have conceived an erroneous idea relative to the principle for deciding rank or precedency, on Courtsmartial & to prevent any irregularity of procedure in the organization of such Courts in future. The Major General thinks it expedient in connxion with the foregoing subject, to remark, that the expression in the militia law, (sect. 35.) that officers on Courtmartial "shall take rank by seniority of commission" and in giving their votes "shall begin with the youngest in commission." could never be intended to blend or confound