Terry,
I have wondered about the same issue. It seems awfully harsh under the circumstances. I'm afraid that there is just not enough material on this to tell us. Peck should have been commanding his regiment at this time after being promoted in October 63. I'm not positive but feel pretty sure that Hays should have been with his brigade coming up to the Wilderness campaign as he was certainly there. What we don't know for sure is if Peck had a valid furlough for a given time and how long it was overstayed. Hays could have been the one preferring charges. He was Peck's immediate superior and a letter of support from Hays is conspicuously absent from letters pertaining to this charge. Hays would probably be the one to naturally make such a charge as the Brigade commander. Then again, his Division commander, Early, may have been the one preferring charges. That is certainly within the realm of possibility as well. A letter from him either positve or negative is also not included. I have read Early's Memoir and Peck is never mentioned anywhere in the text. I checked Hays' file also and there is nothing there about preferring charges against Peck. Overstaying a leave for a day or perhaps even more is a very strange reason to prefer these kind of charges, especially this late in the war with transportation difficulties so ever present and with the fact that he DID return to his command. Evidently Hays or Early did not like his excuse or either did not believe him or perhaps they had other issues and this was just a convenient excuse. It was only through the intercession of Ewell and Lee that kept this from going to court. It is a strange situation, indeed, that must have been even more awkward because just a week after the matter was dropped, Hays would take command of the "joint" Louisiana Brigade when shuffled to Johnson's division with Peck commanding the old Hays regiments. Peck would later take over the brigade after York's wounding at 3rd Winchester, etc, etc., so I guess further evidence is just not out there or buried somewhere in the National Archives.