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Division Orders, 8. Division - Augusta Sept. 12. 1801

   At a Courtmartial, whereof Lt.Colo. Com'dr Kendall is president. Capt. Heartson Cony of the 5. regiment. 2. Brigade, is tried upon the following charges, viz.

1. For disobedience of orders, willful refusal and neglect of duty, on the fourth day of October last, in not attending the review of said regiment on said day. 2. For unofficer like and ungentlemanlike conduct on diverse days & times before and since the said fourth of October. 3. For speaking and uttering contumelious, mutinous & threatening words at sundry times between the 20. of October last and the day of the date of his arrest, in the hearing of sundry persons of the militia, of concerning and against General Sewall, while in the lawful exercise of his official duty as commanding officer of the 2. brigade, & of the Division, the same being unmilitary & disorderly conduct, neglect and contempt of duty, & mutinous disobedience of orders.

The Court are of opinion that Capt. Cony should not be held to answer to the second & third charges, the same not being sufficiently definite and certain.

The Court, upon full consideration of the evidence, adjudge Capt. Cony guilty of the 1. charge, & sentence him to be removed from office, and rendered incapable of holding any military commission under the Commonwealth for the term of five years.