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Online Archive of Terry's Texas Rangers
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The
Online Archive of The Court Martial of Pvt. H. C. Evans, Oct. 1864
Charges & Specifications of Charges vs. H. C. Evans
Private of Co “C” 8th Texas Cavalry –
S. K. Scruggs
Lt Comdg Co “C”
8th Texas Cavalry
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Lt. S. K. Skruggs
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Co.
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C.
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8th
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Tx
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| Corp. Lowery |
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| Corp. B. F. Burris |
Charge 1st
Evans Co “C” 8Tx
Dec 28 1864
Gustave Cook
Lt. Col Cmd. Regt
Hd. Qrs. Harrison’s Brig
Dec 29 1864
Approved respectfully forwarded
Thos. Harrison Col.
Cmdg Brigade
HdQrs Humes Div Cav
Dec 29th/64
App’d & respy for’d
WYC Humes
Brig Genl
HdQrs Cav Corps
Dec 31st64
Approved & resply returned, for Trial
By order of
Brig Genl [Harris]
[H??? ?????]
[Lt?] A.A.A.G.
Proceedings of a Gernal Court Martial convened at Perrysburgh South Carolina by virtue of the following Orders Viz.
Extract [spiral scribble marks] “ Head Quarters Cavalry
Corps
Army of Tenn Oct 27th 1864
Special Orders [spiral scribble marks]
No. 92 + + + +
A General Court Martial is hereby appointed
to meet at or near the Head Qrs of Humes Cav Division on the 28th
day of October 1864 or as soon thereafter as practicable for the trail of
such persons as may be properly brought before it.
| Detail for the Court. |
[spiral
scribble marks] |
Capt John Blythe 5th Tenn |
| Maj. Blackwell 3d Ark Cav | Lt M B Broyles | |
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Capt CH Ingles 4th Tenn " |
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| W.L. [Blank] 2d " " | ||
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Capt Wm R Jarmon Judge Advocate
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No other Officers than those named can be
assembled without manifest injury to the Service.
By Order of Major General Joseph Wheeler
M.G. Hudson
1st Lt & ADC & AAAG
And the following Order of Substitution [???]
| “Special Orders |
[Spiral
Scribble marks] |
HdQrs Cavalry Corps |
| No. | On the field Dec.23d 1864 |
The following charges are made on the members of General Court Martial convened by Special Orders No. 92 from these HdQrs dated Oct 27th 1864. Whereof Maj. Blackwell 3d Ark Cav is [P?????] viz. Capt Ingles 4th Tenn. Cav relieved and Capt R.H. Potters 11th Texas Cav appointed in his Stead. Lieut Broyles 5th Tenn Cav relieved and Lieut Alexander 1st Tenn Cav. appointed in his Stead.______.
By Order of,
Maj. Genl Wheeler
M.G. Hudson
1st Lt & ADC, AAAG
9 Oclock AM January 2d 1865
The Court met pursuant to the above Orders and the order of Adjournment
[???]
| Maj. | W. H. Blackwell |
3d
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Regt
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Ark
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Cav.
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| Capt | R. W. [Pettus?] |
11th
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Texas
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W.L. Clark |
2d
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Tenn
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John Blythe |
5th
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| Lt. | T. J. Alexander |
1st
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Capt. W. R. Jarmon of the 8th Regt of Texas Cavalry Judge Advocate
Private H.C. Evans of Co. C of the 8th Regiment of Texas Cavalry
The accused also present. The Judge Advocate having read the order convening the court asked Private H. C. Evans if he had any objective to any Member named therein to which he replied “he had no objection”
The Court was then duly Sworn by the Judge Advocate and the Judge Advocate was duly Sworn by the Presiding officer of the Court in the presence of the accused. The accused made the request for the privilege of introducing his counsel, which was granted him.
The charges were read aloud by the Judge Advocate
Judge Advocate. Private
H. C. Evans you have heard the charge or charges proffered against you,
how say you guilty, or not guilty, To which the accused Private H. D. Evans
pleaded as follows, “Not Guilty.” And
the accused further pleaded the benefit of the proclamations of Genl Beauregard
& of Genl Wheeler which files are filed appended here with
to marked “A” and made a part of this Record.
Question by the Judge Advocate,
State your Rank and to what company and Regt you belong & how long you have been a member of same?
Answer---- I am a Corporal in Company “C” 8th Regt of Texas Cavalry, Enlisted 12th Sept 1861 & have been a member of said Company and Regt ever since.
Question. State the Rank of H. C. Evans and to what Co & Regt he belongs & from what time he has been a member of same.
Answer---- Said Evans was a Corporal in Co
“C” 8th Regt of Texas Cavalry & Was been Enlisted
service Sept 12th 1861.
Question---State all you may know about the accused Private H.C. Evans being absent from his company and command during part of the years 1863 & 1864 without leave, how long he was absent, the place and time when he returned and all you may know about Said matter as if you were particularly questioned thereon.
Answer---While our Regt was camped near Cleavland East Tenn Sometime in [“the latter” crossed out] November 1863 the accused H.C. Evans left the company on [“the” crossed out] a Surgeons Certificate, from which time I did not see him with the company until about the Middle of September 1864 when The accused came to the company in Middle Tennessee. I understood that the Accused was absent without leave during most of the time above refered to. I have heard Mr Evans say that he spent most of his time in Middle Tenn.
Question---- State whether or not Middle Tennessee was in possession of the Enemy during the absence of the accused?
Answer----It was in possession of the Enemy all the time during Said Evans absence Except so far as occupied by our Guerrillas & Raiding parties, I have heard Mr Evans say that whilst in Middle Tenn he was engaged in carrying on a guerrilla warfare whenever opportunity offerred.
The accused declined cross questioning the witness
S.M. Lowry
9 Oclock A M January3d 1865.
The Court met pursuant to adjournment. Present
Maj. W.H. Blackwell 3d Regt Ark Cav
Capt. R. W. [Pettus] 11th “ Texas “
“ W.L. Clark 2d “ Tenn “
“ John Blythe 5th “ “ “
Lt T.J. Alexander 1st “ “ “
Capt WR Jarmon of the 8th Regt of Texas Cavalry Judge Advocate
And Private H. C. Evans the accused.
Lieut S. K. Scruggs of Co “C” 8th Regt [??]
Texas Cavalry a witness on the part of the prosecution was duly Sworn.
Question by Judge Advocate,
State your rank & to what company and Regt you belong[ed?] [&?] how long you have been a member of the same?
[????] [????] [????] 2d Lieutenant of Company “C”. Member of same since 12th of September 1861.
Question, State the rank of HC Evans and to what company and Regt he belongs, and from what ime he has been a member of same?
Answer,--- Said Evans is 2d Corporal in Company “C” 8th Regt of Texas Cavalry & has belonged to Said company & Regt Since the [12th or 19th] of Sept 1861.
Question It is Stated in the heading of the charge and Specification against the accused that he was a Private in Co “C” 8th Texas Cavalry State how this mistake was made if at all?
Answer. The Non Commissioned Officers in our company all do a Privates duty with the Exception of the 1st Sargt & in making the charge and Specifications I overlooked the fact of his having been formerly a 2d Corporal in the company, His name had been [??oppied] from the Roll for Sometime & I was ordered to reinstate it. Since the [???ment] of these charges against him.
Question. State all you may know about the accused Private HC Evans being absent from his company and command during part of the years 1868 [sic] & 1864 without leave, how long he was absent, the place and time when he returned, and all you may know about said matter as if you were particularly questioned thereon.
Answer---About the 1st of Nov 1863 near [Tunnell] Hill Georgia said Evans applied to a Surgeon for a certificate of disability which was granted him in which he was ordered to report to the best of my recollection to the Hospital at Rome Georgia. This certificate was approved by me as commander of said Evans company. Mr Evans told me that he was discharged from the Hospital about the 19th of December 1863, Evans was absent from his company from about the 1st of Nov 1863 until about the 10th of Sept 1864
He was absent without leave from the time he left the Hospital in Dec 1863 until about the 10th of Sept 1864. The place I first saw said Evans with his company after his absence was in Sept 1864 in Franklin County Alabama
Question, State where the accused had been during his absence as you may know or have learned from him?
Answer----I have learned from him and others that he was in Middle Tennessee during [“his absence” crossed out], a portion of the time of his absence.
Cross Examined by the Accused.
What sort of character has the accused borne in the company
Answer---Before his absence said Evans was generally with his command and did his duty as a soldier.
Question, Has not the accused heretofore been with his company and done his duty as become a soldier.
Answer. As far as I now remember, I believe he has. S K Scruggs
After the concluding of the Testimony of this witness the Accused asked leave to submit another question to the witness which was allowed by the Court, which questions & answers are as follows.
Question by Accused.
Were you with the company when the accused joined it after his absence and state if you know the reason why the accused was not then arrested.
Answer. I was not with the company at the time the Accused returned but was there in a few days afterward. I was not commanding the company at that time & do not know why the accused was not then arrested, but it was understood in the company that a pardon had been extended to all absentees by Genl Wheeler. Very soon after I took command of the company sometime in October 1864 I was ordered by Lt Col Cook commanding my Regt to arrest the accused & [????] charges against him
Question. Did this originate with Lt Col Cook or did he act under general orders.
Answer. I do not know. Upon my return to the company I was informed by my 1st Sargt that I was ordered to arrest the accused, & [prefer] charges against him.
Question--- S K Scruggs
3d Corporal B. F. Burris of Company “C” of the 8th Regiment of Texas Cavalry a witness on the part of the prosecution was duly sworn.
Question by Judge Advocate.
State your Rank and to what company and Regt you belong and how long you have been a member of same?
Answer--- I am 3d Corporal in Company “C” 8th Regt of Texas Cavalry & have belonged to same since [12th] of Sept 1861
Question. State all you may know about the accused Private H C Evans being absent from his company & command during part of the years 1863 & 1864 without leave, how long he was
absent, the place and time when he returned and all you may know about said matter as if you were particularly questioned thereon.
Answer---Sometime in Nov 1863 while near Tunnel Hill Georgia said Evans left his company with a Surgeons certificate I believe, & was gone until the Raid in Middle Tennessee when he joined us near Lawrenceburg Tenn sometime in September 1864, as near as I can remember. I have heard the accused say that he spent part of his time in Middle Tenn & part in Alabama.
[“Question” crossed out] Cross Examined by the Accused
Who was in command of Co “C” at the time Evans left it.
Answer---Lieut B.F. Batchelor I believe.
Question---State whether or not said Evans has heretofore been a good Soldier?
Answer---He has been a tolerable good Soldier
Question. Did you ever hear Evans say that he
came to his company under the Amnesty Proclamation of Genl Wheeler?
Answer---I have. B F Burris
The Judge Advocate here announced the Evidence closed for the prosecution.
Thos [Ghagan] company “B” 11th Regt of Texas Cavalry a witness for the defence was duly sworn.
Question by the Accused.
(note by Judge Advocate explanatory of the blanks which follows:-----------)
The accused announced the name of his above witness, and he was called into court, but it afterwards appeared this was a mistake, and that the witness was not present. On being assured of counsel of accused that the witness would certainly be there by the time the next witness was examined, the above entry was left, and a blank to fill up with his testimony, without at that time numbering the succeeding pages. The witness did not come in that day, consequently the blank on this & next page appear W[?] Garmon Judge Advocate]
Lieut Jonh W Baylor of Co “C” 8th Regt of Texas Cavarly a witness for the defense was duly sworn.
Question by the Accused.
State where the Accused found you? Whether or not he reported to you for duty? How long he remained with you? And to what Officer did he report after his conexion with you? And what was his object in going into Middle Tennessee?
Answer. Said
Evans came to me during Christmas week of 1863 in Jackson County Tenn. When I asked him what he came there for, he
told me that he thought the command was coming into Middle Tennessee on
a raid. He remained with me until
about the 17th of March 1864, when we captured a train of cans
near Tullahoma Tenn where the Yankees attacked & scattered us at which
time said Evans went with Captai
George Carter. I saw the accused
once after that time and he told me he was coming on with Major Bledsoe
& Capt Carter. They came out
in the latter part of April at least I am informed Major Bledsoe did. The reason Capt Carter did not come, was that
the Yankees attacked Major Bledsoe at the place appointed as a Rendezvous
before Capt Carter got there. Said
Evans reported to me in December 1863, as a member of my company, for duty.
Question---Did you hear anything of the Command and its movements into Middle Tennessee? Did Evans [deport?] himself as a Soldier under your command?
Answer---It was rumored several times that there was a command coming from East Tennessee on a raid. He never refused to obey any order that I gave him.
Question. Was it not a dangerous undertaking for a man to get out of Tennessee in order to reach our lines.
Answer. It was.
Cross Examination
Question by Judge Advocate.
Where did Evans say he came from, when he came to you in Jackson County Tennessee?
Answer---I believe he told me he came from Rome Georgia.
Question---Where was his Company & Regt during the time he was with you?
Answer---To the best of my information & belief it was in East Tennessee.
Question---What action has been taken by the Commander of your Regt for your absence from the Regt covering the time the accused was with you in Middle Tennessee?
(This question was objected to by the Counsel of the Accused, which objection was sustained by the Court)
John W. Baylor
Lt Co “C” 8th Texas, Cav
The Court adjourned at 3 Oclock P.M. to meet again at 9 Oclock A.M. on the 4th Inst.
9 Oclock A.M. January 4th 1865.
The Court met pursuant to adjournment. Present.
Maj. WH Blackwell 3d Regt Ark Cav
Capt. R. W. [Pettus] 11th “ Texas “
“ W.L. Clark 2d “ Tenn “
“ John Blythe 5th “ “ “
Lt T.J. Alexander 1st “ “ “
Capt. WR Jarmon of the 8th Regt of Texas Cavalry Judge Advocate.
The accused Private H.C. Evans of Co “C” of the 8th Regt of Texas Cavalry also present.
The accused introduced and read before the Court as Evidence in his defence an Official communication from the HdQrs of Major Genl Joseph Wheeler Comdg Cav Corps of which the following is admitted to be a true & correct copy in the word & figures following, to wit. _________
“Head Quarters Cav Corps”
“Jany 3d 1865”
“Capt
“In reply to your note I send herewith a”
“which you will find his “Amnesty”. We have no”
“but the Genl says he did [???] such proclamation”
“upon entering Tennessee, it was to this Effect.”
“from their commands, who would return”
“to their commands while it (Genl Wheeler’s”
“Cavy Corps) was in Tennessee, to such an’
“Amnesty would be granted.”
“I am Capt”
“Very Resptfly”
“yr Obt Servt”
“Henry Chapman”
“Lt-& AAAGnl”
“Capt Jarmon”
“Judge Advocate”
“Genl [????] Court Martial”
The court adjourned at 3 Oclock P.M. to meet again at 8 Oclock A.M. on the 5th inst.
8 Oclock A.M. January 5th 1865
The Court met pursuant to adjournment. Present.____________________________
Maj. WH Blackwell 3d Regt Ark Cav
Capt. R. W. [Pettus] 11th “ Texas “
“ W.L. Clark 2d “ Tenn “
“ John Blythe 5th “ “ “
Lt T. J. Alexander 1st “ “ “
Capt. WR Jarmon of the 8th Regt of Texas Cavalry Judge Advocate.
Private H.C. Evans Company “C” of the 8th Regt of Texas Cavalry, the accused also present.
Private T.W. [Gahagan] Co “B” 11th Regt of Texas Cavalry a witness for the defense was duly sworn.
Question by the Accused.
State whether or not you were with the accused H.C. Evans in the Hospital at Rome Georgia? Whether or not he was discharged and ordered to report to his command? Where the command was then supposed to be? What induced him to believe the command on a raid in Middle Tenn? State whether or not it was dangerous
and impracticable to go at that time from Rome Geo. To East Tenn? Was not Gen Wharton & Staff cut off from E Tenn at that time by the danger attending the route?
Answer.---I was in the Hospital at Rome Geo with the accused. He was discharged and ordered to report to his command. The command was at that time supposed to be on a raid in Middle Tenn. His object was to rejoin his command. Some wounded came in from the command & reported that it had gone on a raid into Middle Tenn. It was at that time dangerous to go from Rome Ga to E Tenn. Genl Wharton & Staff were at that time cut off from E Tenn by the danger attending the route.
Cross Examined
Question by Judge Advocate.
State as near as you can the time when the accused was discharged from the Hospital at Rome Georgia?
Answer. As near as I can recollect – it was about the 19th or 20th of Dec 1863.
Question---State at what time Capt Weston of the 8th Tex. Cav. had command of a Detachment of said Regt near Rome Georgia?
Answer---About the 1st of January 1864 Detachment from the 8th & 11th Texas Cav were camped near each other at Cave Springs Georgia and I reported to the Officer command[er/ing] the detachment from the 11th Texas. Capt Weston had command of the men from the 8th Texas. Cave Springs is 18 miles from Rome.
Question---Were you not in the Hospital at Rome Ga from Sometime in October 1863 until the 1st of Jany 1864?
Answer---I was.
Question---Do you know that Gen Wharton & Staff were cut off from E Tenn of your own Knowledge or from rumors
Answer---From rumor.
ReExamined by the Accused
At the time Evans was ordered to report to his command did you know of any command
near to which he could have reported? Did you know of any soldiers who at that time tried to go to E Tenn on horseback and failed to get through? Do you know that Gen Wharton did not go to E Tenn where a part of his command had gone?
Answer---At the time Evans was ordered to report to his command I did not know of any command near to which he could have reported. I knew of some of my Brigade who started to E Tenn & come back. After the 1st of Jany 1864 I know that Genl Wharton did not go to East Tenn.
Question. Had you have been ordered to report to your command at the time Evans was where would you have gone to have found it?
Answer.---From the information we had then I should have gone to Middle Tenn.
J.W. Gahagan
Capt. T.S. Weston of Co “H” 8th Regt of Texas Cavalry a witness on the part of the prosecution was duly sworn
Question by Judge Advocate.---What time did
you take command of a Detachment of of the 8th Texas Cav at or near Rome Ga & where were you Stationed there & how long?
Answer.---Sometime in Dec 1863 I took command of a Detachment of the 8th Texas Cav (not long before Christmas) 18 miles from Rome at Cave Springs where I remained about (3) three weeks when I moved down on the Coosa River & remained there about three weeks, from there I went to Armutehe Bridge where I remained until ordered to join my Regiment, which I did at Greenville South Carolina.
Question--- To what Division did accused belong or was supposed to belong on the 19th Decr 1863? Who was the Comdg Genl thereof & where were his HdQrs at that time?
Answer.---The Accused belonged to Wharton’s Division of Cavalry. Genl Wharton Comdg General, & his HdQrs were either at Rome or Cave Springs.
[Jon S?] Weston
The proceedings of yesterday were read over, where the accused H.C. Evans presented and read by his counself the written defence (B) appended to these proceedings.
The Judge Advocate also presented and read his written reply to the defence of accused, marked (C) appended to these proceedings.
The statements of the parties being thus in possession of the Court, the Court was cleared for deliberation; and having [?????] considered the evidence adduced, [find?] H.C. Evans, private of Company “C”, 8th Regiment of Texas Cavalry, as follows;_______
Of the first specification of first charge_____Guilty
Of the First Charge_____________________Guilty
And the Court do therefore sentence the said, H. C. Evans, private of Company C 8th Regiment of Texas Cavarlry, as follows; to wear a ball and chain on his left leg for thirty (30) days, the ball to weigh twenty (20) pounds, and the chain to be six (6) feet long, and that he also wear a placard on his back marked in large letters, “Absent without leave,” for the period of thirty (30) days, which punishments shall be inflicted on the said H.C. Evans at which time place and manner as the
Commanding General of the Cavalry Corps may direct
W. H. Blackwell, Maj 3d
Regt. Ark. Cav.
President C.M.
[??] Jarmon
Capt 8 Texas Cavalry
And Judge Advocate C.M.
There being other business before them, the court adjourned to meet again
W.H. Blackwell, Maj. 3d
Regt. Arks. Cav.
And President C.M.
W.R. Jarmon
Capt 8th Tex. Cav. and
Judge Advocate [C.M.]
Head Qrs. Cav. Corps [Lawrenceville] Jany [2 of 65]
The proceedings, finding & sentence in the foregoing case and approved.
Major General
I place in behalf of the accused H.C. Evans Co “C” 8th Texas Cavalry charged with “absence without leave.” From the 19th December 1863 to 1st September 1864 – The general proclamation of General Beauregard pardoning all absentees who would join their command before its expiration. Said proclamation was dated on or about the 17th October 1864.
---Also the proclamation of Maj. General Joseph Wheeler pardoning all absentees from his corps who would [“th” crossed out] join him then on a raid in Middle Tennessee which proclamation was dated I think in August 1864
[?] S Weston Capt Co “H”
8th Tex. Cav. & Counselor for Accused
Pleas of private H.C. Evans Co C 8th Tex. Cav. made a part of the record at page 3
“Marked “A”” WR Jarmon
Capt[?] & Judge Advocate C.M.
These documents were graciously provided from the private collection of a gentleman who wishes to remain anonymous. If you have questions or comments we will gladly forward them to him for you.