 |
List
of Charges Preferred against Col Best
.
.
Case 125
....... Tuesday 10 o’ clock AM
The Military Court met pursuant to adjournment
.
Present
.
1. Col. D.F. Jamison, Presiding Judge
2. Col. L.M. Lamar, member
..... Capt. William H Talley, Judge Advocate
..... C.B. Glenn, Clerk
.
The proceedings of Saturday last was read by the
clerk
Capt. John O’ Ferrell Provost Marshall appearing
in attendance the Court proceeded to the trial of Colonel Emory F. Best 23rd Georgia Regiment, P.A.C.S; who was called into
court, and duly arraigned on the following
Charges and Specifications;
.
Cowardice and Disgrace
before the Enemy
.
Specification 1st
In this that the said Col E.F. Best 23rd Georgia Regiment P.A.C.S. at the time the Colonel of said Regiment
during an engagement with the enemy at South Mountain near Boonsboro Maryland on or about the 14th day of September 1862 act
in a very cowardly and disgraceful manner hiding himself behind Rocks while under fire of the Enemy; and thereby considering
himself useless as an officer and setting a bad example to the men.
.
Specification 2nd
In this that said Col E.F. Best at that time the Colonel of said Regiment hid while his said Regiment
was advancing in line of battle, and actually engaged with the Enemy at Sharpsburg, in as said, on or about the 17th day of
September 1862 __________ himself and did hide himself behind a pile of rocks and __________ behind his Regiment until he
was ordered up by a superior officer.
.
Specification 3rd
In this that the said Col. E.F. Best hid while his Regiment was detached from the Brigade (Colquitt’s)
by order of Lt. Genl Jackson for the protection of the wagon train of the 2nd Army Corps A.N.V. and to that purpose as engaging
the enemy near Chancellorsville Spotsylvania, County Va. on or about May 2nd, 1863 absent himself from his command without
authority and could not be found with the Regiment he had fallen back two or three hundred yards from the scenes of action
and started joining his regiment that he was going to the rear and that by the shortest route possible
.
Specification 4th
In this that the said Col. E.F. Best did while his regiment was detached from the Brigade (Colquitt’s)
by order of Lt. Genl Jackson for the protection of the train of the 2nd Army corps A.N.V. Chancellorsville, Spotsylvania County
Va. on or about May 2nd, 1863, After having placed his Regiment in position in a Rail Road Cut, shamefully hid away and shameful
abandonment ______ his Regiment upon the _______________ enemy?
.
Charge Second
Disobedience of Orders
.
Specification 1st In this that said Col. E.F. Best at that time the Colonel of said Regiment in command of a detachment of his
Regiment in support of a battery during the engagement at South Mountain, near Boonsboro, Maryland on or about the 14th day
of September 1862 did when ordered by Maj. Genl Longstreet through his Assistant Adjutant General to move with his command
_____ _____ _____ _____ to do so
.
....... Before pleading the accused submitted on motives to strike out the second charge and the specification there
of, on the ground that if Maj. Genl Longstreet’s Assistant Adjutant General gave the order us alone could know whether
such order had been obeyed or not as I that he was the proper person to proper the charge of our __________
..The Judge Advocate said that the objection
was to the proof The evidence was that the proof had not been overlooked
..As to the remainder of the objection,
it was sufficient to say that any officer might ______ the charge, the Court overruled that motion of the prosecution to the
charges and specifications the accused then pleaded Not Guilty
.. All interviews in this case were directed
to with draw and to wait until called for.
.
.
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Capt. J.P. Patton, Co. I 23rd Georgia
Regt. P.A.C.S.
..... On the first of the prosecution,
was duly sworn
Examined by the Judge Advocate, deposes as follows:
.....I with my Regiment (23rd Georgia) at
South Mountain near Boonsboro, Maryland on the 14th of September 1862, Col. Barclay was in command on that occasion.
The accused was then Lieut.
Colonel and was with the Regiment, I do not know much concerning the cases that evening, there was a detachment of the Companies
of my regiment under command of the accused. My Company was one of the companies of that detachment, the detachment went up
the mountain to support a battery about the time in (that is the detachment) got up on the mountain where the battery was,
the bullets of the enemy “were coming pretty thick” We were then scattered about a good deal. It was a very warm
place, and the men broke ranks, but did not go off very far, but sheltered themselves, I inquired for the accused.
.
Question
by the Judge Advocate:
Were your inquiries successful or others were
eliciting information in regard to the accused?
.
The accused objects to the question, on the ground
that it would be as proper to ask for the conversation itself.
.
The Judge Advocate said that the distinction was
clear between proving the fact that inquiries were made and that the inquiries resulted in the witness obtaining information
concerning the accused (In that stating what that information was): and the detailing of the conversation – The first
was admissible the latter was not
The Court overruled the objection
.
Answer:
At that time I got no information about the accused
in answer to my inquire
When in first went up the mountain to the battery
I seen the accused within about twenty yards of it. The enemy was firing pretty terribly upon the battery at that time. Perhaps
fifteen minutes afterwards, I again seen the accused he was then near me. This was after the ranks was broken. As soon as
we got on the ground in range of the Yankee Sharp Shooters, our men became scattered.
The accused came up to where several of us men
were standing and lying down, scattering our men behind rocks etc. This was right at the battery about fifteen yards right
behind it. The accused then ordered us back, and we started back to the Regiment. We got back about half way (We had been
about a mile from the Regiment) when we met. Genl Longstreet and our Adjutant General. The accused was present with us. The
accused was ordered by that officer to take his detachment back on the ____ of the Mountain “where we had first left”
The officer told the accused that it was by order of Genl Longstreet for him to go back to the place I have spoken of. At
that time our detachment was a little to one side of the road having given way for a Brigade which was passing.
The road was full of troops. I was with the detachment.
Long afterwards either the same or another officer came up and said something to the accused to which the accused replied
that he was ordered to report to his Regiment. This was to the best of my recollection, but a very few minutes after the first
appearance of the staff – officers as mentioned.
On the Mountain, I saw no courier or staff officers
having any orders to the accused nor did I have any during the march back towards the Regiment except as I have stated. The
detachment then went back to the Regiment.
I saw Colonel Barclay and the accused together
some fifteen minutes after the return of the detachment to the Regiment, but I heard no conversation between them.
The battery on the Mountain fell back before our
detachment. When we fell back, the detachment was not in very good order, but we were in ranks. The accused was there assisting
forming the detachment.
..... I was in the Battle of Chancellorsville
on the 2nd of May 1862. The accused was the colonel of my Regiment. We were in line of battle in the woods I went to the center
of the Regiment from near the left, to see the accused, and I found him soon afterwards, the Yankees advanced on us and I
went to my Company. I saw nothing afterwards of the accused until the Regiment had fallen back a half or three quarters of
a mile, to the Furnace. There were no other troops with our Regiment. We had him detached to take charge of the wagon train.
The fire of the enemy before we fell back was
pretty tolerably heavy, I suppose about one hundred and fifty yards from us. Our Regiment fell back just about the time the
Skirmishers on our left got back.
There was no orders to the Regiment to fire, but
it had before that been ordered to fire, if the enemy advanced on us. A few men did fire, before we commenced the retreat.
We had none killed or wounded. Afterwards at the Furnace where we established another line we had one killed and two wounded.
At the Furnace we had a pretty brisk skirmish. We fought there “a right smart while”. It was I suppose the same
force of the enemy, that had advanced on us at first. I saw the accused just before we got to the furnace before the enemy,
that had advanced on us at first. I saw the accused just before we got to the Furnace before the enemy had opened fire on
us again; but I did not see him afterwards during the skirmish at the Furnace. From that place we fell back about a half a
mile, to a Rail Road Cut. I know of no order for the movement. On this account I saw the accused about seventy five or eighty
yards from the Furnace. He was standing in the road. This was about seventy five or eighty yards from our last line. The enemy
followed us to the rail Road Cut.
Just before the enemy opened on us, I saw the
accused in the cut with us. After the enemy had commenced firing again, and about fifteen minutes after I had seen him there,
I missed the accused, and saw no more of him for some twenty days. I with all the others who were in the cut were captured.
We kept up our fire about a half hour after I
missed the accused from the cut. The accused was not captured. Portions of nine Companies were of the regiment were Captured.
The remaining company “C” was detached as skirmishers and was not with the Regiment and hence was not captured.
The Lieut. Colonel (Huggins) had been with the Regiment that day.
The Major (Ballenger) had
been captured at the Furnace. Capt. Sharp was the senior Captain of the Regiment. He was at the Rail Road Cut when I saw the
accused at the Furnace just before the firing there commenced, he seemed to be trying to keep his men together. When I saw
the accused after the retreat commenced from the furnace, he was standing in the road by a caisson with several men. I don’t
know what he was doing. When the accused left us in the Rail Road Cut, I got no orders nor notice from him. I was at that
time about one hundred yards from him. Both at South Mountain and at Chancellorsville, I thought the accused did about as
well as could be done, as far as I noticed him, though I did not notice him particularly as I had about as much as I could
do to attend to my own business.
.
Cross Examined by
the Accused
.
..... I
do not know what battery the accused as ordered to support at South Mountain, that is I don’t know the name of it. I
don’t remember that the accused gave orders to the detachment when we came to it, while supporting the battery at South
Mountain. I think the entire command was sheltered while near that battery. The Commanding Officers of the battery and his
detachment were right in front of us. I think some of them were sheltered. The men of our detachment were more scattered then
usual in action; but I don’t suppose they were so much as not be under control of the accused or their immoderate commanders.
Company E was more scattered then any of the rest. I can not say whether the officer who presumably commanded that company
during the Maryland campaign was efficient or inefficient. I do not know who commanded it at South Mountain. I did not see
Genl D.H. Hill while the detachment was at the battery.
The accused had the ______ control of the detachment
at the time it halted by the side of the road as stated. There was no part of the detachment deployed as skirmishers.
On our retreat over the mountain, as far as I
know I remember that he gave a call in of the battery as had been supporting, _______ and that some of the detachment were
away in turning it to fight at the place where I have stated our detachment halted by the road side in answer to the question
whether I observed any mis conduct on the party accused, while on the mountain, I reply that “I can’t say that
I noticed any thing particular about him”, I did not notice the accused sheltered behind the rock. I think the enemy
was concealed. I could not see them.
When I found the accused near the center of the
Regiment just before the enemies first advance on us at Chancellorsville, he was sitting down right of the regiment.
The men were lying down, having orders to do so.
I don’t know what orders the accused received in taking that portion in the woods. We was ordered there by Genl Stuart.
Before that I had seen Genl Rhodes talking to the accused.
On the first advance of the
enemy, our skirmishers engaged them but very little time, they fell back pretty quick of the regiment then were either four
hundred and eighteen or four hundred and eighty captured. And the Company not captured had about forty men present. When the
enemy first advanced, I think there were two of the nine Companies deployed as skirmishers.
.
The Court then adjourned until
Tuesday November 24th 1863 10 o’clock A.M.
.
.
.
.
.
.
.
.
Present
.
1. Col. D.F. Jamison, Presiding Judge Charleston,
S.C. November 24th 1863
.
Tuesday 10 o’clock A.M.
.
The Military Court met pursuant to adjournment
.
2. Col. L.M. Lamar, member
..... Capt. William H Talley, Judge Advocate
..... C.B. Glenn, Clerk
.
The proceedings of yesterday were read by the
clerk
.
The Court resumed the Trial
of Colonel E.F. Best 23rd Georgia Regiment P.A.C.S.
.
.
....
**************************************************
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Capt. J.P. Patton
being further cross – examined by the accused, reports as follows:
.
....... I have stated some seventy five or eighty yards in rear of our lines at the FuAt the Furnace I suppose the
Enemies force was three or four times that of our Regiment there. That is such was the enemies force which came against us
as well as I can judge: Wit there was a great many of the enemies troops as was of those that attacked us. When I saw the
accused as rnace the Regiment was a good deal scattered: the accused was nearer the left of the Regiment then any other part.
I don’t recollect seeing any one leave the Rail Road Cut during the fight there: there were two of our men who left
the cut after we surrendered, but I don’t know who they were.
....... At the time
that we were firing in the cut, I know that in wounded, In captured, for the force of the enemy was much greater then ours,
and our position was such that we could not get out of it with out many killed. I thought so when we first commenced firing
in the cut, but we thought we would fight there as long as we possibly could. The Command was not in danger from the fire
from the enemy while it was in the cut, except the men who were up on the edge of the cut firing. They were exposed while
they were firing. Those below handed guns to the men above who fired on the enemy.
.
....... Examined in reply by the Judge Advocate
.
The affairs of which I have spoken as discussing at Chancellorsville was part of that battle, but
was before the fighting commenced else where. I think it was after 12 o’clock in the day when the enemy first advanced
on us. Our Regiment was detailed to guard the baggage train of the Army. I know of no other troops detailed for that purpose.
....... The rear of the train was about
a mile from us when the enemy first advanced on us. We fell back towards the train the train and in the direction, the rest
of our troops had gone. Our Regiment was at that time in Lieut Genl Jackson’s Command.
We surrendered about an hour
and a half or two hours “by sun” I had heard no fighting their; but heard it “pretty quick after I was Captured”.
The fighting then must have been two miles or two and a half miles from us. I saw nothing more of the fight except what I
have stated, and a good many shells which bust near me after I was captured. The enemy carried us off in great haste. The
enemy after capturing us went on after the wagon train. I don’t know of their having captured it. There was none of
our men killed or wounded in the cut, that I know of.
.
.... *******************************************
.
Capt. J.J.A. Sharp Co.
G 23rd Geo Regt. P.A.C.S. a witness on the part of the prosecution, was duly sworn.
Examined by the Judge
Advocate, Deposes as follows:
.
....... I preferred the charges in this case. I am and was at the time of the Battle of Chancellorsville, Senior Captain
of my Regiment. On the second day of May 1863 about nine or ten o’clock in the morning Major Genl J.E.B. Stuart gave
the accused orders. There was a plank road held by the enemy moving about _______ to a road over which Genl Jackson’s
Army Corps (to which we belonged) was firing. These roads were about a mile and a half or possibly two miles apart and there
was a neighborhood road extending from the one to the other. The wagon trains of the 2nd Army Corps was passing on the road
along which the corps itself was moving.
....... Genl Stuart ordered the accused
to guard the neighborhood road against any advances of the enemy. He directed the accused if the enemy advanced to deploy
his Regiment and hold him check, and to send for reinforcements if he needed them. Genl Stuart left with the accused a courier
for that purpose and told the accused that there was a Cavalry picket in front of him. The accused, Genl Stuart directed particularly
that the command of the accused should not advance but should hold the pass if attacked.
....... Genl Stuart posted our Regiment
about a quarter or half mile from the road on which the corps was passing and between that and the plank road. I was there
when these orders and instructions were given to the accused by Genl Stuart. It was _____, and Genl Stuart said the enemies
Cavalry could not charge us, and we could fight there and hold the enemy in check as long as possible.
....... I heard an order from the accused
to take command of the left wing of the Regiment, the Lt. Colonel was not with the Regiment. I soon afterwards saw the accused
who came to me and told me if I was pressured mainly to fall back to some point which he said was in my rear that which I
had more men and that I should hold the position, the courier who brought us the order from the accused would be I think he
said in the rear “There he could communicate with his courier.
....... Some two hours after we had been
in position that is sometime about 12 or 1 o’clock in the day, the enemy advanced on us. They had previously were shelling
our wagon trains, but I had not advanced. With this exception everything had been very quiet. When the army advanced. I think
we had three Companies deployed as skirmishers along the front. After a very little firing from our skirmishers. I heard an
order for retreat. At that time I could see no enemy, and the skirmishers in front of me had not fallen back. There was nothing
to make my boys retreat: but I looked and saw the right wing gone. It was a hundred yards ahead of us. The command came along
the lines to or that my wing followed and I was told by the Acting Adjutant to come on form on their right wing up on the
hill near the Furnace, this was near the road on which the train of wagons was then passing. Then the regiment was informed
by the accused, and I then seen the accused for the first time since that of which I have spoken. The place where this neighborhood
road came into the road on which the trains was passing. The regiment, after forming advanced in the direction of the enemy.
....... As I was moving with the left of
the Regiment which was at the time advancing. I saw the accused behind a tree in rear near about opposite to the center of
the regiment. The accused was near when the Regiment had reformed. He was about forty or fifty yards in rear. I don’t
know how long he stopped there. I advanced with the left wing, I could not see the whole line in consequence of the broken
character of the ground.
....... We had skirmished for some time
on the left, having advanced about two hundred yards, when on information that the right wing was gone I ordered the left
wing to fall back. I could not find the accused, and had to take the honorability of the order. I did not see the accused
until I saw him some three hundred yards in rear of where we had been skirmishing. The accused was meeting us, this was in
the main road, we having fallen back to it and followed it for some little distance. The accused directed me to detail ten
men and deploy them as skirmishers. I stopped to do this and when I came up with the regiment again it was in a Rail Road
Cut which ran across the main road about a half mile in rear of our position was the Furnace. As we fell back the cut was
on the right of the road and did not reach quite to it. On the left of the road as we fell back, there was a considerable
bank, just in front of us as we were formed in the cut, there was an open space for about a hundred yards, then there was
a creek, and the ground near the creek was muddy. The cavalry came up in front. Probably our skirmishers had fired, but none
of the men in the cut had fired when I received the accused. The Major and something like half our Regiment had been captured
in the skirmish near the Furnace.
....... I was second in command when in
the cut that is next to the accused. I received no notice from the accused of his intention to leave the Command then, nor
did I receive any orders from the accused for retreat from there. I think there about one hundred and ninety five officers
and men captured in the cut. Some of the men went out of the cut, after we had surrendered, that is they escaped. We kept
up our fire on the enemy about a quarter or half hour after the accused left us.
....... During the day
the Regiment lost but one killed and some four or five wounded. These casualties were received in the skirmish near the Furnace,
except one in that case a man was wounded on the left of the cut, I think. The force of the enemy that captured us was I think
a Brigade. It was an hour “by sun” or more when we surrendered. We left the force that captured us at the cut.
.
Cross Examined by
the Accused
.
....... The general order as regulations of the Army I recounted requires an officer to repeat the command of his superior.
There was no general orders that I know of in relation to advancing the movement of the flanks of command. On four occasions
we had received an order to observe the flank of the leading Regiment of the Brigade, but I know of no such orders on this
occasion. I was not present with the Regiment during the campaign around Richmond. When we first took position in the woods
at Chancellorsville, in addition to the three Companies deployed as skirmishers, ______ ______ these men six men under command
of a Lieutenant sent out on the left flank of the Regiment. Where Lt. Smith Acting Adjutant called to me and told me to form
on the right wing, I was with the left wing about two hundred yards or more from the place when the Regiment afterwards reformed
near the “Furnace”.
In falling back from the first position, no orders
from me to retreat and ____ - _____, the left wing followed the right. I halted them before they got back to the place where
the Regiment was formed, that is I halted some of them, and tried to halt them all. I suppose it was two hundred yards or
more from the Furnace house to the nearest point of the woods.
....... The right wing of the Regiment was
on the sides to where the Furnace house and the woods. I only know that the right wing proper was there, when I saw the accused
behind the tree, there were only a few shade trees, this was between the houses on the top of the hill and the mount point
of the woods. There was two houses the Furnace and that some reported to. The shade trees I spoke of was only some thirty
or forty yards from the house on top of the hill, they were right close to it. I did not think anything of the fact, that
I saw the accused behind a tree, except that it shown he was not with the Regiment.
....... When the accused
ordered me to detail the ten men as skirmishers, he was about two hundred and fifty or three hundred yards from where we had
skirmished on the second line we had established. I suppose when I saw the accused was a hundred and fifty yards from the
caisson. I saw a couple of men leave the cut; on the right, but I saw none leave on the left I gave no orders to any one leaving
the cut.
.
.
Examined in reply
by the Judge Advocate
.
.
....... When I met the accused while we were falling back from near the Furnace, I asked him where he had been, I don’t
remember his answer.
.
Examined by the Court
.
I am certain that the accused
was not of the number that escaped after the surrender.
.
The Court then adjourned until
Wednesday November 25th 10 o’clock A.M.
Charleston, S.C. November 25th 1863
Wednesday
10 o’clock A.M.
.
The Military Court met pursuant to adjournment
.
Present
.
1. Col. D.F. Jamison, Presiding Judge
2. Col. L.M. Lamar, member
..... Capt. W.H. Talley, Judge Advocate
..... Capt. John O’ Ferrill, Provost Marshall
..... C.B. Glenn, Clerk
.
.
The proceedings of yesterday were read by the clerk
The Court resumes the Trial of Colonel E.F. Best 23rd Georgia Regt. P.A.C.S.
.
.
.... **********************************************
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Lieut. A. Worley Co. E 23rd Geo Regt. P.A.C.S. a witness on the part of the
prosecution was duly sworn
Examined by the Judge Advocate, deposes as follows:
.
....... I was with the detachment of four companies of my Regiment
sent under command of the accused, then the Lt. Colonel of the Regiment;
On the 14th of September 1862 at South Mountain, up to the top of the Mountain to support a battery
there.
This was about a half a mile from our Regiment. It was I think a little after 12 o’clock
in the day when we started from the regiment. We got to the top of the mountain and formed in line, and were ordered to lie
down, some twenty yards in rear of the battery. We were under a pretty considerable fire of musketry, but none of artillery
then. A very short time after we got there the battery limbered up and retreated. Our battery detachment ______ some three
or five minutes, after the battery moved ; when Capt. Patton about faced us, and marched us down the mountain in retreat.
....... About the time the detachment got to its position on the top
of the mountain and lay down. I saw the accused go to the left of the command, and I did not see him again until we had marched
down the mountain in retreat some sixty or seventy yards, when the accused came in on our right as we were about faced. When
the accused went to the left on top of the mountain, I saw him get behind some rocks, that were there. The accused when he
went to the left of the detachment separated himself from it some thirty or forty yards. that is he was about that is he was
about that distance from the detachment. After the accused stopped behind the rocks, I did not to the best of my recollection,
see the accused again until we had gone some sixty or seventy yards down the mountain.
....... My Company did not scatter to take shelter. Officers and men
lay down but they had nothing to shelter them. They down in line of Battle. There was some scattering growth some severely
there where my Company was. On the left of the growth was perhaps thicker, and at some distance from the left there were tall
rocks. The conduct of the accused was different from that of any other officer of the detachment in these particulars that
we went to the left of the detachment and he got behind a rock. The accused appeared to be considerably agitated, when he
went to the left. I think the accused gave the order to lie down, but after that as far as I know, he exercised no control
over, and gave no orders to the command, until he repositioned the command in the retreat, as stable. After we got some seventy
of eighty yards from our position on the mountain, we came to when a caisson was turned over, and we halted until it was “righted
up”. Which then “Longstreet’s men” came up, and the officer in command asked for the officer in commanding
our detachment, and gave the accused orders that we should go to the front with them. I heard no more orders.
....... We did not go to the front but went back to our Regiment.
I was wounded at South Mountain and was not at Sharpsburg. I was with my Regiment at Chancellorsville, when it was posted
across the neighborhood road. There was I think one, and I think two Companies to the right of mine which was in line. There
were two and perhaps more Companies of the Regiment deployed as skirmishers along our front.
....... The enemy advanced, and our skirmishers fired a few shots,
when Major Ballenger gave the orders to retreat. Some hour or so before the retreat commenced, I saw the accused some forty
yards in rear of the Regiment. The next time I saw him was when he stopped over near the Furnace. The Regiment had retreated
there. When we got there, the accused and Maj. Ballenger formed the Regiment again. After this we were marched up some sixty
yards to a fence, and ordered to us down again. This was in the direction of the enemy.
....... I don’t know that I saw anything more of the accused
until there came an order down the line to retreat. I don’t know who gave it, I did not see him until after a portion
of the Regiment had retreated and a position stood. I then saw the accused in the road about a hundred yards in front of our
line as we retreated. He was standing in the “big road” on which the wagon train had passed. The accused told
me and Capt. Ferguson (my Captain) to take our Company to a pile of big iron and commenced firing again. This portion was
some sixty or seventy yards from the accused.
....... After we had been there some little time, The accused called
to us “to get out of there”, there was still some of our men on the line firing. Capt. Sharp had formed a portion
of the Regiment when Lt. Smith, Acting Adjutant, told him that there was a better place to form further back. About one hundred
yards from where we had formed under Capt. Sharp we met in our retreat the accused meeting us. I think it must have been two
hundred yards or further from where we formed line of battle and skirmished near the Furnace, to where we met the accused,
I heard Capt. Sharp ask the accused where he had been. I heard the accused say something about Artillery, but I can’t
say what the answer was positively. The accused turned back with us and we went to the rail road cut. I suppose the accused
was in the cut with us, something like a half hour. During that time he passed out over and returned. I saw the accused go
out of the cut the last time. I suppose it was some fifteen or twenty “may be” twenty five minutes after this
that the Regiment surrendered. To the best of my recollection the men in the cut did not fire before the accused left. They
fired afterwards in particularly for some ten or fifteen minutes afterwards, the accused stepped out of the cut a few steps,
“partly front” and then looks and runs”
.
.
Cross Examined by the Accused
.
....... My opinion is that my Company was not scattered on the top
of the Mountain, at South Mountain. That they were in regular line after they got on the mountain. While on the mountain,
Capt. Patton’s Company was on the right, mine next, I think Capt. Steel’s was on the extreme left. I don’t
remember what other Company was with us. I did not see the commanding officer of the battery to know him. I saw Genl. Hill,
I did not see the accused speak to genl. Hill, nor did I see him give the accused orders.
....... When we retreated, we were first about = faced and marched
off in line of battle. I did not know there was any line of skirmishers behind us on the retreat from the top of the mountain.
When the accused went to the left to the rock I speak of he came from towards the right of the detachment. I think the right
of the detachment was right about opposite the battery. The detachment did not occupy but our position that I know of while
we were on the mountain. When at Chancellorsville, Maj. Ballenger gave the orders to fall back, he came to the best of my
recollection, from the direction of the “settlemen’s road” that the Regiment was formed across. I think
that the left was at the Furnace, Maj. Ballenger rallied the regiment on the right when I was as far as I know, Maj. Ballenger
advanced it to the fence. He was on the right of the regiment. when we formed near the former, I don’t remember what
Company was on our right. I think my Company was the third from the right.
.
....... The accused has submitted a request that the prosecution be
directed to withdraw, temporarily in order that he might submit a motion, stating that he did not during the argument in support
of his motion to the word of the prosecution.
....... The Court directs the prosecution to withdraw temporarily;
which was done. The accused then submitted a motion that the prosecutor be exited from the Court. On the ground that the witness
would not speak as freely in his presence, The Judge Advocate said in reply to that the prosecutors right to be present was
clear: and that witnesses were much more apt to speak truthfully, when confronted by prosecutors and accused those were only
in finances of the Cotton.
.
The Court presented the motion, and the prosecutor Capt. Sharp was recalled.
.
.
.... ***********************************************
.
Capt. R.N. Groves Co. B 23rd Geo Regt. P.A.C.S. a witness on the part of the
prosecution, was duly sworn: Examined by the Judge Advocate, deposes as follows:
....... I saw the accused at South Mountain while we were lying down
on the top of the mountain lie down behind a rock about twenty yards to the rear, opposite to the right of the center of the
detachment. I thought the accused agitated ______ ______ gave orders to lie down I don’t who. Which behind the rock
I could see him. A portion of the time he was gone from there. I saw in command of a Company there. I saw nothing more of
him until had started down the Mountain and gone some short distance. I don’t remember to who heard any orders while
we on the _____ of the mountain, except the order to lie down
....... We marched down the Mountain, some eighty or one hundred yards
to where a caisson was turned over in the road. We then met some of Genl. Longstreet’s command, the accused was with
us. At that place an officer told the accused to fall in with the detachment at the head of the Brigade. The officer had asked
the accused about the detachment before, and the accused had told him that we had been sent up to support battery “and
how it was” other Officers ordering the accused to fall in with “the Brigade” the accused said that he had
orders from Genl. Hill to return to his Regiment. I don’t recollect that the Officers said anything in reply.
.
....... A member of the Court having obtained leave of absence on
reasons on a public nature, which would leave the Court adjourned until Tuesday December 1st 1863.
.
W.H. Talley
Judge Advocate
D.F. Jamison
Presiding Judge
.
.
.
.
.
.
.
.
.
.
Charleston, S.C.
December 1st 1863
.
Tuesday
10 o’clock A.M.
.
The Military Court met pursuant to adjournment
.
Present
.
1. Col. D.F. Jamison, Presiding Judge
2. Col. L.M. Lamar, member
..... Capt. W.H. Talley, Judge Advocate
..... Capt. John O’Ferrill, Provost Martial
..... C.B. Glenn, Clerk
.
.
The proceedings of Wednesday last were made by the clerk
The Court resumes the Trial of Colonel E.F. Best 23rd Georgia Regiment, P.A.C.S.
.
.
.... **********************************************
.
Lieut. J.R. Pritchitt Co. I 23rd Geo. Regt. P.A.C.S., a witness on the part
of the prosecution, and duly sworn.
Examined by the Judge Advocate, deposes as follows:
....... I was with the detachment under the accused at South Mountain.
The accused with the detachment was on the top of the Mountain, was some two or three paces in rear of the line, behind a
rock. The orders have been given to lie down. The men and some, but not all of the officers were lying down. Capt. Patton
called for the accused, and some ten or fifteen minutes afterwards he (the accused) came from behind the rock. The manner
of the accused I thought was unusual. He seemed to be excited, He did not seem to know what to do
....... The accused when he came up ordered the detachment back. We
met an aid to Genl Longstreet, who ordered the accused to take his detachment back to the top of the mountain. I did not hear
the reply of the accused. I was at Chancellorsville, there when our Regiment was in line of battle first, and our skirmishers
had been thrown out.
........ The enemies picket’s had fired a few shots when the
accused through Maj. Ballenger ordered it to fall back. I heard the accused give the order to Maj. Ballenger and the latter
extended it. The accused was behind a bank or stump about seventy five yards in rear of the Regiment. The Regiment was rallied
near the Furnace and then advanced some fifty yards towards the enemy.
....... I saw the accused at this time behind a tree some thirty yards
in rear of the Regiment, and some afterwards, the accused could not be found. The accused was called for by Capt. Sharp and
several other officers. The next place I saw the accused was at a little branch about three hundred yards in rear of the line
where we had made our second stand. My Company was the fourth from the left of the Regiment. I suppose the accused was missing
about fifteen on the occasion referred to. The Regiment then fell back to the Rail Road Cut. We remained there about a half
hour before the enemies “picket’s” advanced near ______, and commenced firing. About the time the enemies
skirmishers opened fire on our Regiment in the cut, some of our skirmishers (but not of my Regiment) fell back towards us
from our left; and a courier, I think of Genl Archer, gave the accused an order. It was ordered, but I did not hear it.
....... Immediately after the communication of the courier, the accused
left the cut and ran and left the Regiment there. I suppose the Regiment de-_____ the position about an hour and then surrendered
.
Cross Examined by the Accused
.
.
....... I saw a mounted officer on the top of South Mountain: but
did not see the accused speak with him. The mounted officer I speak of was Genl. D.H. Hill. He was about twenty yards to the
right of our detachment when I saw him
....... When the accused left the mountain with the detachment he
went to the Regiment. The Regiment was engaged that evening, I suppose some two hours. When I saw the accused behind a tree
at Chancellorsville, he was about on a line with the house on the top of the hill and to the left of the houses some thirty
yards in rear of the line of battle. It was a single tree. I am sure my Company was the fourth from the left.
.
.... ******************************************
.
Lieut. B.B. Moore Co. K 23rd Geo Regt. P.A.C.S., a witness on the part of the
prosecution, was duly sworn
Examined by the Judge Advocate, deposes as follows:
.
....... In the Battle of Sharpsburg, I think the 17th of September
1862, I saw the accused but once. He was the Lieutenant Colonel of the Regiment Col. Barclay being in command. When I saw
the accused, our Regiment had been advancing but had rather halted, had stopped at that time, a good many of the men lying
down, some of them engaged and firing. The accused was a few paces in rear to the right of our Regiment, a little beyond the
right. Col Smith of 27th Geo told the accused ”to get out and push up his men. The accused never went and told the men
to go ahead.
....... This was the last time I saw the accused in the fight. Col.
Barclay was killed in the Battle of Sharpsburg, but we had been fighting before I saw the accused, as stated, and I don’t
know whether Col. Barclay was killed before of after that time.
....... At the time I have mentioned as that as which I saw the accused.
I heard an order to advance except what the accused gave. My company was on the extreme right of the Regiment. The Regiment
advanced about one hundred yards after this, and was engaged about a half hour. The Regiment then fell back. After the order
from the accused mentioned, I heard no orders from any one to the Regiment, and no one seemed to be in command of it.
The Major was not in the battle
....... I was in the rail road cut at Chancellorsville, while there
I saw a man who I suppose was a courier, approach the accused, soon afterwards the accused “ran out of the cut”
I did not hear the accused say anything. The remainder of the Regiment in the cut fought the enemy about a half hour after
this and then surrendered.
.
Cross Examined by the Accused
.
....... At Sharpsburg the 27th Geo regt. was on our right. Col. Colquitt
(I think he was their Colonel) Commanded the Brigade. When I saw Colonel Smith ordered the accused up, was in the field something
over a hundred yards from the fence one which we had passed, I think that the Regiment had halted over before in its advance
prior to the halt of which I have spoken.
....... At the time Col. Smith gave the accused the order. I suppose
I was not farther from the accused then eight or ten steps. Col. Smith’s left was only few steps from our right. When
the Regiment fell back, I started back with my Company. The Regiment was falling back, before I knew anything of it. I was
wounded while the Regiment was falling back, and saw nothing of him, (the accused), after he “came out from behind the
pile of rocks and told the men to go ahead”.
....... At Chancellorsville I saw some men, but very few leave the
cut. I gave no orders to them. I was on the right of my Company, and I stopped some of my men who started out.
.
.
.... ************************************************
.
Private W.M. Bishop Co. G 23rd Geo Regt. P.A.C.S. a witness on the part of the
prosecution was duly sworn.
Examined by the Judge Advocate deposes as follows:
.
....... During the Battle of Sharpsburg, my Regiment was advancing
when the colors having got farther ahead than the left, there was some little confusion and the Regiment halted. We were in
a cornfield, the fire of the enemy was very heavy.
....... While we were there the accused came, and lay down behind
a pile of rocks. The colors as well as I could judge was about seventy five yards ahead. The colors having moved more rapidly
then the left. The right had moved on with the colors. I was with the left wing. It was when we halted and commenced firing
that the accused came behind the left and lay down behind the rocks.
....... At this time Col. Barclay walked up to the left and called
to us of the left “Forward men, Forward”, and we moved up and came in line with the right wing, but I did not
see anything more of the accused. I am certain that Col. Barclay gave the order. I do not know _____ at what state of the
fight he was killed I did not see him after the advance of the left. After a while our Regiment fell back mabe a mile, and
then reformed and Capt. Boston, Senior Captain present, took Command of the Regiment. I did not see the accused from the time
I have mentioned until he joined the Regiment some months afterwards, at Fredericksburg.
....... If the accused followed us in our advance, I never seen him.
I don’t remember seeing Col. Smith, If I did I did not know him. An officer, I think a Captain or lieutenant of some
other Regiment passed near our left just before we advanced to support the right; and asked “What is the manor that
the left is not following the colors”. It was there that Col. Barclay gave the order mentioned. There was right “smart
confusion in the Regiment.
.
Examined by the Court
.
....... I think the 27th Geo. was on our right and that the 13th Ala
was on our left, but I am not certain.
.
.
.... ************************************************
.
Lieut. L.A. Smith Co. I 23rd Geo Regt. P.A.C.S. a witness on the part of the
prosecution was duly sworn:
Examined by the Judge Advocate and deposes as follows:
.
....... The conduct of the accused in the Battle of Chancellorsville
was unusual. After we first formed line of battle the accused was some seventy five yards in rear of the Regiment behind a
stump in a bank of earth, I did not see him afterwards until we had fallen back some half a mile from there. I was with my
Company which was the next Company to the left: and was the extreme left Company after Capt. Sharp’s Company (the left
Company) was thrown out as skirmishers.
....... I was with my Company through the fight and fell back with
it to the lines near the Furnace. I did not see the accused at all while the Regiment made the stand on the line near the
Furnace. The next time I did reckin was about half way between our line in the second stand and the rail - road cut. This
was about three quarters of a mile from that line. I saw the accused leave the rail - road cut “He ran out” I
suppose it was a half hour or longer after that, that we surrendered. The Regiment during this time was firing. I heard no
order from the accused while we were in the Rail - Road Cut.
.
Cross Examined by the Accused
.
....... I don’t know of any other troops besides our Regiment,
which was under the command of the accused at Chancellorsville. When the accused left the cut, he went “right back to
the rear”. He was on the left of the Regiment when he went out.
.
.
.... *********************************************
.
Capt. W.J. Boston Co. A 23rd Geo Regt. P.A.C.S. a witness on the part of the
prosecution was duly sworn:
Examined by the Judge Advocate, deposes as follows:
.
....... When we first formed line of battle at Chancellorsville, I
saw the accused passing back and forth; not before the firing commenced, I seen nothing more of him more of him until after
we had fallen back from the line of battle near the Furnace, some three hundred yards, as well as I can judge, in rear of
that line.
....... He met us as we were falling back near a little woods toward
the rail road cut. When the enemy first advanced on us, Maj. Ballenger went some fifty yards to the rear, and called to the
accused and told him the enemy was advancing on our right, and asked him what he should do. I understood the accused to say,
that we should fall back: and Maj. Ballenger extended that order.
....... My Company was either the third or forth, I think the third,
from the left of the Regiment. When the order fall back was given, our skirmishers had not come in. When I met the accused
near the woods as stated, some one asked the accused what he was going to do. He answered that he was going to take his Regiment
to the rear, and that by the nearest way”. I said to him, that that would not do, that it would be shameful. That the
wagon train was just on the top of the hill, and we had been put there to guard it, he said that we ought to do it. He asked
where we could form, I told him there was plenty of good places to form. He then marched the Regiment into the cut.
....... I did not see the accused leave the cut.
He had gone before I knew anything about it. From the time I missed the accused from the Rail
– road cut, we must have been in the Rail – road cut something like a half hour or three quarters of an hour before
we surrendered, the most of this time we were firing. I heard no interaction from the accused as to his leaving nor orders
for the Regiment.
.
Cross Examined by the Accused
.
....... When I had the conversation mentioned, with the accused, the
wagon train was up on the hill, as well as I can judge, about two hundred yards from us. During the conversation, I was at
the head of my Company.
The conversation was before the Regiment went into the cut.
.
.
The Court there adjourned until Wednesday December 2nd 1863 10 o’clock A.M.
Charleston, S.C. December 2nd 1863
Wednesday
10 o’clock A.M.
.
The Military Court met pursuant to adjournment
.
Present
.
1. Col. D.F. Jamison, Presiding Judge
2. Col. L.M. Lamar, member
..... Capt. W.A. Talley, Judge Advocate
..... Capt. John O’ Ferrill, Provost Martial
..... C.B. Glenn, Clerk
.
The proceedings of yesterday in note by the clerk
.
.
The Court resumed the Trial of Colonel E.F. Best 23rd Georgia Regt. P.A.C.S.
.
.
.... ***********************************************
.
Maj. M. Ballenger 23rd Geo Regt. P.A.C.S., a witness on the
part of the prosecution, was duly sworn.
Examined by the Judge Advocate, deposes as follows:
.
....... I was Major of the 23rd Geo. Regt. in the Battle of Chancellorsville.
The accused told me that Genl. Stuart had placed the Regiment shown him the position which the Regiment first took; and that
his orders was not to bring on an attack, but if the enemy advanced to engage him, and call our army General that might be
passing, for support.
After the Regiment had got in position some little time, the accused came from where he had been
near the main road over which our wagon train was passing and when there was some cavalry, and told me to walk back with him
to the Furnace and look at a place there we might take if it should become necessary to fall back.
....... This position I suppose in about a quarter of a mile in rear
of the position proposed. I suggested to the accused that we had better return to the Regiment. I returned to the Regiment
and the accused remained near the Furnace. I left in conversation with an officer who was stationed there with some Cavalry.
....... There was some of our Cavalry picket’s in front of our
Regiment, and also the skirmishers of our Regiment Our information received from a cavalry picket at that the enemy was forming
lines in our front. I sent some to the main road for the accused. This received came up to where the Regiment was and told
me that there was no troops passing the main road at that time – but that the wagon train was passing.
....... I asked the accused what our orders was in the amount that
the enemy advanced in force, and there were no troops passing to support us. He said he had no orders for such an event, and
talked like he did not think we should make fight there, if the enemy advanced in force ______ we could get support. I told
him I knew what his orders were and was responsible for them, but that I thought we could hold the enemy in check at least
for a while and that I thought we ought to fight them, until the enemy came in too strong force. The accused decided that
the Regiment should remain there. He then spoke of going back to the road where our trains were passing to make some arrangement
to get support, I told him I did not think he ought to go, that he had a Cavalry Courier who been left with him for that purpose.
....... He said they were not to pay any attention to the Courier
and that he had better go himself. I said to him, that if he went and we got into a fight, he would be sorry for it. He did
not go. After a while Capt. Glenn reported to me that the enemy were passing nearer our right and a over some distance from
the right; and as the accused had directed that the Regiment should fall back in that contingency, I reported the facts to
him as reported by Capt. Glenn.
....... I found the accused about fifty yards in rear of the Regiment
lying down behind something. Our picket’s had been firing on the right, that is our skirmishers. I don’t think
a gun had been fired from our line, that is our main body.
....... Some of our skirmishers had fallen back to within some fifteen
or twenty paces on our right. I could not see what was going on, on our left, the timber was thick. There was no firing then.
When I reported to the accused he told me to order the Regiment to fall back. I went to a position where I could be heard,
and extended the order.
....... When the accused told me to to order the Regiment back, he
got up and went toward the furnace. When we got back to the main road, a cavalry officer asked the accused whom I said their
if he did not intend to make a fight there that if he did not, the wagon train which is very vulnerable would be lost. The
accused then saw that we would form the Regiment then, and he and I formed it. The left was then falling back. I think though
I was not in charge of it, and the woods were thick so that I could not see what doing there.
....... After the Regiment was formed there the accused ordered us
to advance in about thirty or forty yards to a fence. We did so, the accused did not accompany us; or I did not see him. I
was captured with forty two officers and men on the right. We had held the enemy’s left in check until our left got
out of the woods.
....... It was about twenty minutes after I left the accused that
I was captured. I had looked for the accused to report to him about the movements of the enemy, but did not see him. He may
have been in the woods. Where the right was, it was open ground, but the greater part of the Regiment was in the woods.
.
Cross Examined by the Accused
.
....... When the accused remained near the Furnace in conversation
with the officers of cavalry as stated, I don’t think he told me his object in examining When I left the accused over
on the main road, I don’t remember to have seen anything more of him until I sent for him. When I reported accused as
stated, as well as I remember, I told him that Capt. Glenn reported to me that they were flanking us on the right.
....... My orders were to order the Regiment back in a report from
Capt. Glenn that the enemy were passing ______ our right and the creek, but when I got this report, I saw us immediate danger
and was not willing to take the ____________ of ordering the Regiment to fall back and hence reported to the accused.
....... There is no doubt from what I know of the ____ion now, that
the enemy would have flanked us, if we had remained, but I seen no immediate danger at that time the distance from our right
to the creek was some five or six hundred yards in front of us.
.
Examined by the Court
.
....... After we had formed in our second position, I looked for the
accused, but did not have my places to find him. When I found the accused lying on the ground as stated, there was firing
of Skirmishers. there was some danger where the accused was left I did not command that there was much.
.
.
.... ***************************************************
.
Capt. W.J. Boston, recalled on the part of the prosecution
Examined by the Judge Advocate, deposes as follows:
.
....... In the Battle of Sharpsburg, the last time I saw the accused
was while the Regiment was falling back. The point at which I saw the accused on that occasion was two or three hundred yards
in rear of the extreme point to which the Regiment had advanced in the Battle.
....... The accused passed me. The accused was running when he passed
me, there was another officer with him “they went for a big rock pile. I passed them some distance to my left, the whole
Regiment was then falling back. All the Regiment was running in direction of the officers.
.
Cross Examined by the Accused
.
....... The next morning there were only about thirty some men that
could be got together as the Regiment. I took command of them that morning. No one had been in command from the time of the
fight to that time. The accused was officially reported “Missing in action”, as well as I remember. I reported
it. I was known that he was wounded
.
The Prosecution here closed
.
.
.... *********************************************
.
Corpl. John Hambrick Co. E 23rd Geo. Regt., a witness on the
part of the defense, was duly sworn.
Examined by the accused, deposes as follows:
.
....... I saw the accused on South Mountain the fight. I remember
to have seen the accused when we first got up on the mountain and after we left there; but I don’t remember to have
seen him any other time while we were on the mountain.
.
.
.
Serg. J.H. Taylor Co. E 23rd Geo. Regt., a witness on the part of the defense,
was duly sworn.
Examined by the accused, deposes as follows;
.
....... On South Mountain an order was given, I think by the accused
for the detachment to lie down. I saw the officer in command of the battery, and I saw the accused talking to him. They were
in front of our lines. In a short time after we got up there. I saw the accused with the officer. I think we had lay down.
I don’t think I saw the accused again until we had started down the mountain.
.
.
.
.... **************************************************
.
.
Lieut. M.A. Collins Co. E 23rd Geo. Regt., a witness on the
part of the defense, was duly sworn.
Examined by the accused, deposes as follows:
.
....... At South Mountain, I saw the accused “principally all
the time,” with the detachment.
....... When the detachment was marched up, up on the Mountain, we
had orders to lie down, by the accused. When the detachment first got there, a part of it was exposed, and the other part
was protected by the crest of the mountain. Afterwards the exposed position was ordered to fall back, and took shelter behind
some rocks. The accused gave those orders.
....... Most of the time when I saw the accused he was near the right
of the detachment. I saw the accused with the Commanding Officer of the battery, and I suppose they were talking together.
That officers horse was standing “square across a tree and he was standing right behind the tree”.
....... The accused gave the order to leave there. He was near the
left of the detachment at that time there were no skirmishers deployed there. We fell back “a fire”, some one
or two hundred yards, where they formed a piece of artillery or caisson belonging to the battery turned over in the road.
We then deployed across the road, until they could come get the caisson up.
....... At Chancellorsville my Company was the right Company of the
Regiment. The accused formed us where we fell back to the Furnace. The accused was at the right of the Regiment then while
it was forming.
....... My Company was deployed as skirmishers. The accused ordered
it done. I did not see the accused afterwards until we were falling back to the rail road cut. I saw nothing unusual in the
conduct of the accused in either Battles mentioned.
.
.
.
.
Priv. Drewry M. Sosebee Co. E. 23rd Geo. Regt., witness on
the part of the defense, was duly sworn.
Examined by the accused, deposes as follows;
.
....... At Sharpsburg, the Regiment in advancing upon a high fence
into an open field, and then halted and formed. I saw the accused there. We went on from there some thirty or forty yards,
and we halted again. I saw the accused there also, he was right by my side. He was to the left of the Colors I think my Company
was next to the Color Company.
....... He was standing up, and the Regiment was lying down having
gave orders to do so. When we advanced from that point I saw Capt. Gratton Col. Colquitt’s Adjutant, pass along the
lines. I heard Capt. Gratton inquired for Col. Barclay. He was on the left of the Regiment. This was before Col. Barclay was
killed. Capt. Gratton told the accused that the orders to “Forward”. He told them to “Forward” two
or three times, before they started. They then were twenty or thirty yards further. I saw the accused after he gave the order.
He was in front of our Company.
....... The last time I saw the accused he was talking with Col. Barclay
the second or third time that we halted. I saw them when they separated. The accused started towards the right of the Regiment.
The accused in the Battle of Sharpsburg was as cool as anybody.
.
.
.... ***********************************************
.
Private Russell Bryant Co. E 23rd Geo. Regt., a witness on
the part of the defense, was duly sworn.
Examined by the accused, deposes as follows:
.
....... I was in the battle of Sharpsburg. The accused went right
on behind my Company from the field where the Regiment lay the night before the Battle. He stayed close behind the Company
until Col. Barclay told him to go to the right of the Regiment. This was after we crossed the high fence and formed and advanced,
and halted, and started again. A few minutes afterwards I was wounded, and saw nothing more of the accused.
.
Cross Examined by the Judge Advocate
.
....... I saw the accused two or three times behind my Company while
we were marching I think it was about a hundred yards from the high fence that we halted; but I was fighting so that I don’t
know much about the distance.
.
The Court then adjourned until Thursday December 3rd 1863 10 o’clock A.M.
.
W.H. Talley
Judge Advocate
D.F. Jamison
Presiding Judge
.
.
.
.
.
.
.
.
Charleston, S.C. December 3rd 1863
.
Thursday 10 o’clock A.M.
The Military Court met pursuant to adjournment.
.
Present
.
1. Col. D.F. Jamison, Presiding Judge
2. Col. L.M. Lamar, member
..... Capt. W.H. Talley, Judge Advocate
..... Capt. John O’Ferrill, Provost Martial
..... C.B. Glenn, Clerk
.
.
The proceedings of yesterday were read by the Clerk.
.
The Court resumes the Trial of Colonel E.F. Best 23rd Geo. Regt. P.A.C.S.
.
Capt. W.H. Renfro Co. E 27th Geo. Regt., a witness on the part of the Defense,
was duly sworn.
Examined by the accused, deposes as follows:
.
.
....... I was at the Battle of Sharpsburg. I was acting as Major of
my present Regiment. After the engagement commenced, our 1st Colonel (Zachary) having been wounded just in the opening of
the fight. My position was on the left of my Regiment. The Brigade halted twice during the charge, I think we made two charges.
Counting the first time we formed line of battle; we halted three times. Col. Smith was on the right of his Regiment, I saw
Col. Smith on the left of his Regiment, I was in a position to enable me to see what occurred in rear of the left of my Regiment.
....... Col. Smith did not pass me, or go farther to the left than
when I was ported. I was some twenty steps to the left of my Regiment at the time Col. Smith came to me. I did not see the
accused behind my Regiment. I saw the accused while making the last charges. He was near the right of his Regiment, I suppose
there was a Company or two to his right.
....... We were going in a Charge, and some of the men in front of
others. The accused was marching in front of the body of his line.
.
Cross Examined by the Judge Advocate
.
....... The time I saw the accused was about ten minutes before we
fell back. We advanced about fifty yards after I saw the accused. We halted after I saw him for some ten or fifteen minutes,
before we fell back that halt was at the farthest point to which we advanced. I don’t know the exact time we fought.
It was some ten or fifteen, perhaps twenty minutes.
.
.
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Serg. D.C. Roberts Co. I 23rd Geo. Regt., a witness on the part of the Defense,
was duly sworn.
Examined by the accused, deposes as follows:
.
....... I was with the detachment at South Mountain. The accused marched
us up to the top of the mountain, and went to the officer Commanding the battery. He then came back, and marched the detachment
farther forward. There the detachment lay down.
....... I saw the accused after the detachment left the top of the
mountain. While we were lying down, the accused came up and lay down behind my Company. I am certain I noticed him there one
time.
....... I saw the accused leave the Rail – Road Cut, in the
Battle of Chancellorsville. I don’t think I saw any officer order any of the men back that left or attempted to leave
the Rail Road Cut..
.
Cross Examined by the Judge Advocate
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....... I was captured at Chancellorsville, I saw the accused at the
second line, near the Furnace. At that time I saw him, he commanded the Captain to tell the men to lie down. The enemy was
firing on us at that time.
....... I next saw him, some three or four hundred yards from there,
this was in the road between where we were captured and the furnace. He was standing still, ordering some men to be deployed
as skirmishers.
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Priv. W.H.T. Lewis Co. D 23rd Geo. Regt., a witness on the part of the Defense,
was duly sworn.
Examined by the accused, deposes as follows:
.
....... I was at the Battle of Sharpsburg, I was wounded at the third
halt of the Regiment. Just before I was wounded, the accused and Col. Barclay passed over the line, and went toward the right,
I was on the left.
....... I saw the accused when the Regiment first formed. I saw the
accused also at the second halt. Col Barclay, Capt. Patton and the accused were together.
.
.
.
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Serg. Maj. J.E. Covington 23rd Geo. Regt., a witness on the part of the Defense,
was duly sworn.
Examined by the accused, deposes as follows:
.
....... I was present at the Battle of Chancellorsville. I saw the
accused before the skirmishers first became engaged. He was in rear of the Regiment about thirty or forty yards, Before the
firing, he was sitting down. He was not sheltered. I saw the accused when the Regiment started back to the Furnace. The accused
while forming it, was opposite the Furnace.
....... The accused advanced the Regiment from the road by the Furnace,
and formed it in line of battle and thru out skirmishers, on the front and flank. Some time after that, the dismounted cavalry
reported that the enemy was advancing, and soon afterwards the enemy fired on our right flank, flanking our Regiment.
....... I heard Maj. Ballenger report to the accused, that the enemy
was flanking us. What I have said in reports to the accused advancing the Regiment Joining in line of battle, throwing out
skirmishers, the reports of the Cavalry and of Maj. Ballenger all relates to the first position of the Regiment before it
fell back to the Furnace. Opposite the Furnace.
....... After the Regiment fell back then, the accused formed it in
line of battle and advanced it to the fence, which was about fifty yards. When the Regiment halted the accused came to me
and asked me if I could see the enemy I told him I could see them deploying in a piece of road opposite our right, I was in
rear of the right.
....... The accused then gave an order to go the wagon train of the
Corps and hurry it up. I went some afterwards the accused came down to the main road where I was, a few men came with him.
The accused ordered the men to advance and give the enemy a flanking fire from where I saw him lay. They fired a few rounds
when we moved them to retire. they retired, the accused ordered the men to help get off a caisson that was broken down.
....... The Artillerists abandoned it right off, and the accused said
he would go and get some of the artillerists who had gone over the hill, and come back after the caisson. Where I saw him
afterwards about as long afterwards as would take to move the Regiment three hundred yards, standing by the road, some thirty
yards from the caissons, and between it and the Rail Road Cut.
....... When the regiment marched him, we commenced to return with
it to the Rail Road Cut. Where I saw the accused again he was filing into the rail Road Cat. at the right of the Regiment.
When I reached the Rail Road, the accused was ordering the men dig holes in the bank with their bayonets so that they could
ascend the bank and fire at the enemy.
....... I did not hear the accused give any command to the Artillery.
I did not see any other Colonel at the Furnace. There were troops passing at the time our regiment was first attacked. From
the pile of big iron to the right of the Regiment, the hill was rigged stiff.
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Capt. W.G.L. Butt Co. K 23rd Geo. Regt., a witness on the part of the Defense,
was duly sworn.
Examined by the accused, deposes as follows:
.
....... While the Regiment was in the rail Road Cut, a courier came
in near of us some hundred yards or more, and beckoned something, I could not hear what. The courier came nearer and talked
to another man, who afterwards talked to the accused. I did not hear what was said in either case.
....... The accused afterwards gave orders for the Regiment to deploy
as skirmishers and come out of the cut. The accused after giving these orders started out of the cut he went in the direction
in which I had seen the courier that is to the rear, a little to the left. At the time the accused gave the order he was on
the left of the Regiment.
....... There was only our Company between me and the accused. I repeated
the order. Some of my Company including myself, two Lieutenants and about ten or twenty men obeyed the order and went out
of the cut. The Colors of the Regiment were also brong out of the cut by the color bearer, my Company was Color Company at
the time. At the time I left, there was no danger in the rail-road cut.
....... The fire of the enemy upon those who left was I thought very
heavy. I suppose the order of the Colonel (the accused) could have been heard twenty or twenty five steps from where he was.
.
Cross Examined by the Judge Advocate
.
....... I suppose the order was addressed to the Regiment The command
as well as well as I can remember was “to deploy as skirmishers and come out”. My Company was Color Company, and
yet was the left _____ companies formed in the cut as they got there, and I suppose my Company happened to be second getting
there.
Examined by the Court
.
........ When the accused gave the order to leave the Cut, I suppose
it had then been retired a quarter and a half hour. When leaving the cut the accused “run”. Of these who left
the cut there was one struck by a spent ball. I mean by saying that the firing was heavy, that there was a great many guns
fired in that direction and balls came toward us.
....... The Colors where they were carried out were rolled, and carried
out by the Color bearer, down in his hand, thirty could not see him by the rest of the Regiment; I gave the orders loud enough
to be heard by the next Company; but none of that Company came out with me that I know of.
....... Those who came out with me were of my Company. I think where
we were in the cut, my Company had about twenty five maybe thirty men. I think not more then twenty five. I over took the
accused about a half mile from the cut.
....... When I came out of the cut, the accused was about seventy
five yards to the rear. There was some of the men of the Regiment saw him and following him. There were some fifteen or twenty
of the Company on my left, who had come out before I had done so. None of the men who came out with me were with the accused
.
....... I can’t say whether all of the Company to my left went
out of the cut. A good many went to the end of the cut, and went back into it. The firing there was pretty heavy. Before the
courier that I have spoken of came up, some ten or fifteen minutes. A man had ridden up and asked the accused something about
whether he could hold his position. The accused replied that he could if his left was supported. The left was not supported,
while I was there.
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Lieut. William J. Keown Co. H 23rd Geo. Regt., a witness on the part of the
Defense, was duly sworn.
Examined by the accused, deposes as follows:
.
....... I was in the rail-road cut during the Battle of Chancellorsville,
After we had been in the cut about a half hour or hour a courier rode up and asked the accused, if he could hold his position.
The accused replied, that he could, if he was supported on the left. The courier said he brought his orders from Genl. Archer.
I don’t recollect that the courier said anything else.
....... The left of the command of the accused was not supported.
After a half hour after the first courier, another courier came and in my hearing that he brought orders from Genl. Archer
for the accused “to bring his Regiment out of there”. This order was given by the courier to the accused.
........ The accused gave orders “to deploy and come out as
skirmishers”. The accused “then led the way and came out, and what of the Regiment came out, followed.”
The accused went the rest of his way, and we all did the same.
........ I came out of the cut at that time. I did not consider that
there was any danger in the cut at that time. I thought the fire on us was pretty heavy as we came out of the cut. I suppose
the orders of the accused could be heard as far as the third or forth Company, from the left. I don’t suppose the enemy’s
skirmishers were more then one hundred and fifty yards in front of us. I thought they were pretty thick.
.
Cross Examined by the Judge Advocate
.
....... The second courier was about two hundred yards to the left
and near where he he gave the orders. The accused went out a little piece to hear the order, and when he heard it, the courier
spoke loud enough for us to hear it on the left in the cut. I did not hear the accused say anything to the courier.
....... The accused and the men who followed him double quicked out
of the cut, and for a distance of about a half a mile from there. My Company was the left Company in the cut. I think there
were nine of the men of my Company who came out with me. There were, as able as I recollect, only two of my men who stopped
in the cut. The other men and officers of my Company had been captured near the Furnace. I was there and now a Senior Second
Lieutenant.
....... The accused, myself and three other officers that came out
of the cut. I suppose besides these there were some thirty five or forty enlisted men who did so. Most of the men who came
out were from the left of the Regiment. They were some five from the center and right.
We had skirmishers on our front, and some of those _
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