nebogatov was taken as a prisoner of war by the japanese, and while a prisoner was dishonorably discharged by the russian admiralty and stripped of his titles of nobility. on his return to russia, he and 77 of his subordinate officers were arrested and taken before a court martial in december 1906. nebogatov's defense that his defective ships, guns and ammunition would have made resulted in the meaningless slaughter of his men was rejected, and nebogatov and three of his captains were sentenced to death by firing squad on december 25, 1906. however, the sentences were commuted to 10 years in prison by order of tsar nicholas. he was released from the prison fortress of sts. peter and paul in may 1909, when he was pardoned on the occasion of the tsar's birthday.