TO REST, refit after the sharp fighting and marching, and to wait for
the slightly wounded and other convalescents to come up, the brigade
went into camp on the banks of the Oostenaula River, near Calhoun, Ga.,
and about 20 miles south of Dalton, which had been the objective at the
opening of the campaign.
And while the men were washing and mending their clothes, it was decided
to put the discipline of the brigade, which had suffered similarly by
the rough campaign, through a somewhat like process of furnishing and
renovation.
A court-martial was ordered, "to try such cases as may be brought before
it."
The court convened with all the form and ceremony prescribed by the Army
Regulations for tribunals which pass judgment upon the pay, honor and
lives of officers and men.
The officers detailed for the court sent back to the baggage wagons, and
got their wrinkled dress-suits out of the valises, they buttoned these
to their throats, donned their swords, sashes and white gloves, and
gathered stiffly and solemnly about a long, rough table, which had
been put up under the spreading limbs of giant oaks. Guards pacing at a
little distance kept all the curious and inquisitive out of earshot. The
camp gossips, full of interest as to the fate of those who were to be
tried, could see an aggravating pantomime acted out, but hear no word.
A squad of offenders of various degrees of turpitude ranging from
absence without leave to sleeping on post, were huddled together under
the Provost Guard, while Si and Shorty, being non-commissioned officers,
were allowed to remain with their company, to be produced by Capt.
McGillicuddy when wanted. They kept themselves rigidly apart from the
rest of the company, repelling the freely-offered sympathy of their
comrades. Si was most deeply concerned about Shorty, who was so
desperate over his fall from grace, that he regretted that he had not
killed the young Aid, while he was at him, so as to have relieved his
comrades of him, and made his own condemnation and execution sure.
"Old Maj. Truax, of the 1st Oshkosh, is President of the court," said
the Orderly-Sergeant, as the company was anxiously canvassing the boys'
chances.
"Gosh, that settles it," groaned Jerry Wilkinson; "that old bull o' the
woods 'd rather shoot a man than not. He's always lookin' around for
some excuse for sculping a man, and the less he has the savager he is."
"I don't believe it," said the Orderly, "I've watched old Truax, when
he's been roaring around, and I always found that he was after somebody
that deserved it. Men of that kind are pretty certain to be very soft on
good soldiers, like Si and Shorty, and I think he's all right. The
boys of the 1st Oshkosh all swear by him, and you can trust a man's own
regiment to know him surer than anybody else. And then there's Capts.
Suter and Harris, of the Maumee Muskrats."
"Terrible strict," muttered Jerry despairingly.
"Lieuts. Newton and Bonesteel, of the Kankakees," continued the Orderly.
"Good men--promoted from the ranks, and remember that they once carried
a gun themselves."
"Lieut. McJimsey, of the staff."
"A wasp-waisted West Pointer, raw from school; thinks he's learned all
there's to know about war out of a book on triggernometry. Has no more
feelin' for a private soljer than I have for a mule. Calls 'em 'my men,'
roared Jerry.
"And as he's only a Second Lieutenant he'll have the first vote," sighed
the Orderly. "And Lieut. Bowersox is to be the Judge-Advocate. He'll
have to do the prosecuting. I know he hates the job. He thinks the world
and all of Si and Shorty, but he's the kind of a man to do his duty
without fear, favor or affection. And all of us 'll have to testify.
Dumb Shorty's fool soul! Why didn't he get up his ruction somewhere
where the boys couldn't see him, and know nothing about it! I've no
patience with him or Si."
Lieut. Steigermeyer, the complainant, stalked by in solemn dignity.
"Can't I shoot that dod-blasted Aid, and save Shorty, and take it all on
myself?" blubbered little Pete, who had been in tears ever since he had
seen the grave assemblage of officers in full dress.
[Illustration: SHORTY BEFORE THE COURT-MARTIAL. 256]
"Shut up, you little fool," said the Orderly savagely. In the
selfishness of his sorrow it made him angry to see anybody else show
more grief than his.
The Orderly, in stating Lieut. Bowersox's position, forgot, or was
not aware of the fact, that while the Judge-Advocate represents the
Government at a trial as the Prosecuting Attorney, he is also the
counsel for the defense; a dual role which has important and frequently
unexpected results.
After the members were duly seated according to rank, with Maj. Truax
at the head of the table, Lieut. Bowersox read the order for holding the
court, and called the names of the members. He then said:
"Gentlemen, the first case I shall present to your notice is one of
exceeding gravity, affecting a member of my own regiment. As it is the
most important case that you shall have to consider, I thought it best
that it should be disposed of first. Sergeant, bring in Corp'l William
L. Elliott, Co. Q, 200th Ind. Volunteer Infantry."
Shorty entered the court with an air of extreme depression in face and
manner, instead of the usual confident self-assertion which seemed
to flow from every look and motion. He stood with eyes fixed upon the
ground.
"Prisoner," said Lieut. Bowersox, "this court has met to try you. Look
around upon the members, and see if there is any one to whom you have
objection. If so, state it."
Shorty glanced listlessly from the head of the table toward the foot.
There his eye rested on the Second Lieutenant for a minute, and then
he muttered to himself, "No, he's no worse than the rest ought to be
on me," and shook his head in answer to the Judge-Advocate's formal
question.
"You will each of you rise, hold up your right hand and be sworn," said
the Judge-Advocate, and they each pronounced after him the prolix and
ponderous oath prescribed by the regulations:
"You, Maj. Benjamin Truax, do swear that you will well and truly try and
determine, according to evidence, the matter now before you, between the
United States of America and the prisoner to be tried, and that you
will duly administer justice, according to the provisions of an act
establishing rules and articles for the government of the armies of the
United States, without partiality, favor or affection; and if any
doubt shall arise, not explained by said articles, according to your
understanding and the custom of war in such cases. And you do further
swear, that you will not divulge the sentence of the court, until it
shall be published by proper authority; neither will you disclose
or discover the vote or opinion of any particular member of the
court-martial, unless required to give evidence thereof, as a witness,
by a court of justice in due course of law. So help you God."
The President then took the book and administered the same oath to the
Judge-Advocate.
"I shall now read the charges and specifications," said the
Judge-Advocate, "which are as follows, and he read with sonorous
impressiveness:
CHARGE:--Insulting, Threatening, and Striking Superior Officer.
Specification I.--That Corp'l William L. Elliott, Co. Q, 200th Ind. Vol.
Inf., did strike and perform other physical violence upon Second Lieut.
Adolph Steigermeyer, of the Second Corps, U. S. Engr's, who was his
superior officer, and in the performance of his duty, in violation of
the 9th Article of War, and contrary to the discipline of the Armies of
the United States. This on the march of the army from Dalton, Ga., to
Calhoun, Ga., and on the 16th day of May, 1864.
Specification II.--That said Corp'l William I.. Elliott, Co. Q, 200th
Ind. Vol. Inf., did threaten physical violence to the said Second Lieut,
Adolph Steigermeyer, Second Corps, U. S. Engr's, his superior officer,
and who was in the performance of his duty, contrary to the 9th Article
of War, and the discipline of the Armies of the United States. This on
the march of the army from Dalton, Ga., to Calhoun, Ga., and on the 16th
day of May, 1864.
Specification III.--That said Corp'l William L. Elliott, Co. Q, 200th
Ind. Vol. Inf., did insult with many opprobrious words, the said Adolph
Steigermeyer, Second Corps, U. S. Engr's, his superior officer, in the
presence of many enlisted men, in violation of the 6th Article of War
and of the discipline of the Armies of the United States. This on the
march of the army from Dalton, Ga., to Calhoun, Ga., and on the 16th day
of May, 1864.
CHARGE:--Drunkenness on duty.
Specification I.--That said Corp'l William L. Elliott, Co. Q, 200th Ind.
Vol. Inf., being then on duty, and in command of a squad of men, was
openly and noisily intoxicated and drunk, and incapable of performing
said duty, in violation of the 45th Article of war, and the discipline
of the Armies of the United States. This on the march of the army from
Dalton, Ga., to Calhoun, Ga., and on the 16th day of May, 1864.
CHARGE 3.--Misappropriating Public Property.
Specification I.--That said Corp'l William L. Elliott, being charged
with the duty of gathering up and accounting for the property captured
from and abandoned by the enemy, did appropriate to himself, attempt
to conceal, and refuse to deliver to his superior officer a portion
thereof, to wit, one pair of field glasses, in violation of the 58th
Article of War, and contrary to the discipline of the Armies of the
United States. This on the march of the enemy from Dalton, Ga., to
Calhoun, Ga., and on the 16th day of May, 1864.
"O, goodness gracious!" murmured little Pete Skidmore, almost fainting
with terror, in the covert of oak leaves, just above the court's head,
whither he had noiselessly climbed, to overhear everything. "He's
a-goner, sure! They'll shoot him, sure as guns. Saltpeter won't save
him. He's broke every Article o' War in the whole book. My, what will I
do?"
He slipped down and communicated his information to the
anxiously-expectant comrades of Co. Q.
"It mayn't be as bad as we expect," the Orderly-Sergeant tried to
console them. "The bite of most of them regulations and charges and
specifications ain't never near as bad as their bark. If they were,
a good many of us would have been shot long ago. My experience in the
army's been that the regulations are like the switches the teachers used
to have in school--a willow for the good scholars, and a stout hickory
for the bad ones. Still, I'm afraid that Shorty won't get off with less
than hard labor for life on the fortifications."
"Prisoner, you have heard the charges and specifications," said Lieut.
Bowersox, in a stern voice. "How do you plead to them?"
"O, I'm guilty--guilty o' the whole lot," said Shorty dejectedly.
"Inasmuch," said Lieut. Bowersox, with an entire change of tone, "as
it is my duty to represent the prisoner's interests as counsel, I shall
disregard his plea, and enter one of not guilty."
Shorty started to gasp. "But I done all that--"
"Silence," thundered Lieut. Bowersox, "you are only to speak, sir, when
I or some other member of the court ask you a question."
"But has the Judge-Advocate the right to disregard the plain plea?"
Lieut. McJimsey started to inquire, when the President interrupted with,
"Lieutenant, we can have no discussion of the court's practices in the
presence of the prisoner. If you want to enter upon that we shall have
to clear the court. Do you desire that?"
There was something in the bluff old Major's tone that made the
Lieutenant think this inadvisable, and he signified the negative.
"Call your first witness, then, Judge-Advocate," said Maj. Truax, with a
wave of his hand.
Lieut. Steigermeyer, in full-dress, even to epaulets, rigidly erect and
sternly important as to look, testified that he was a Second
Lieutenant in the Regular Army, but had the staff rank of Captain and
Inspector-General, and after going out of his way to allude to the
laxness of discipline he found prevailing in the Western armies,
testified that on the day mentioned, while in pursuance of his duty, he
was going over the battlefield, he came upon the prisoner, whose
drunken yelling attracted his attention; that he had admonished him, and
received insults in reply.
"My way is to knock a man down, when he gives me any back talk,"
remarked the Major, sotto voce, taking a fresh chew of tobacco. "That's
better than court-martialing to promote discipline."
"Further admonitions," continued the Lieutenant, "had the same result,
and I was about to call a guard to put him under arrest, when I happened
to notice a pair of field-glasses that the prisoner had picked up, and
was evidently intending to appropriate to his own use, and not account
for them. This was confirmed by his approaching me in a menacing manner,
insolently demanding their return, and threatening me in a loud voice
if I did not give them up, which I properly refused to do, and ordered
a Sergeant who had come up to seize and buck-and-gag him. The Sergeant,
against whom I shall appear later, did not obey my orders, but seemed
to abet his companion's gross insubordination. The scene finally
culminated, in the presence of a number of enlisted men, in the
prisoner's wrenching the field-glasses away from me by main force, and
would have struck me had not the Sergeant prevented this. It was such an
act as in any other army in the world would have subjected the offender
to instant execution. It was only possible in--"
"Pardon me, Lieutenant--I should perhaps say Captain"--interrupted
Lieut. Bowersox, with much sweetness of manner, "but the most of us are
familiar with your views as to the inferiority of the discipline of the
Western Armies to that of the Army of the Potomac and European armies,
so that we need not take up the' time of the court with its reiteration.
What farther happened?"
"Nothing. The Provost Guard came up at that moment, and I directed a
Sergeant to place the two principal offenders in custody, and secure the
names of the witnesses."
"Is that all, Captain?"
"Yes, except that in closing my testimony I feel that it is my duty to
impress upon the court that so flagrant a case as this should be made
the opportunity for an example in the interests of discipline in the
whole army. I have known this prisoner for some time, and watched him.
This is not the first time that he and the Sergeant have insulted me.
They are leaders in that class of uneducated fellows who have entirely
too little respect for officers and gentlemen. They should be taught a
lesson. This is necessary for the dignity and effectiveness of gentlemen
who bear commissions, and--"
"I will ask the witness if this lecture on military ethics is a part of
his testimony?" asked the Major:
"I think it is needed," answered the Lieutenant tartly.
"Let me see, Steigermeyer," said the Major, adjusting another chew of
tobacco to his mouth, and balancing the knife with which he had cut it
off, judicially in his fingers, a favorite position of his when, as a
lawyer, he was putting a witness through a cross-examination. "How long
have you been with this army? Came West with the Eleventh Corps, didn't
you?"
"No; I was left behind on duty. I didn't come for several weeks after."
"So I thought. You weren't with us at Stone River, or Chickamauga, or
Mission Ridge. You'd know more if you had been. Your mental horizon
would have been enlarged, so to speak. Aren't you from Milwaukee?"
"I was born and brought up there, until I went to West Point," answered
the Lieutenant, rather uneasily.
"So I thought. The only man of your name that I ever heard of kept a
saloon in Milwaukee--a great place for politicians to hang around. I
used to go there myself when I was in politics. He was a sort of a ward
boss. Was he your father?"
"Yes, sir," said the Lieutenant, with reddening face; "but I don't
know what this has to do with the case that I have presented to your
attention."
"It has a great deal to do with this lecture with which you have favored
us," answered the Major dryly. "But we'll not discuss that in open
court. Are you through with the witness, Judge-Advocate? If so, call the
next."
"I'll just ask the Captain a few questions for the defense," said Lieut.
Bowersox. "How did you know that the prisoner was drunk?"
"How did I know it? How does any man know that another is drunk? He was
boisterous, excited and yelling--that kind of a drunk."
"But that does not prove that he was drunk. That may be his way of doing
his work. Did you see him drink?"
"No."
"Did you ever see him before?"
"Yes."
"How was he acting then?"
"I shall have to say that he was boisterous and yelling then, but not so
wildly excited."
"Then it was only a difference in degree, not kind. Was he not
accomplishing what he was ordered to do?"
"Yes, he certainly did bring that limber out of the gulch."
"Then it is only a matter of opinion that he was drunk. You have nothing
to guide you except your judgment that the man was drunk, who was still
doing his duty pretty effectively."
"But there could be no mistake. I know that the man was raging drunk."
"As I said before, that is a matter of opinion and judgment which I will
discuss with the court later. Did the prisoner actually strike you?"
"I cannot say that he actually did, farther than snatch out of my hand
the field-glasses."
"He didn't do it! You're lyin'! I yanked the glasses out of your hand.
'Twas me," shouted little Pete, from the oak leaves.
The members all looked up in astonishment.
"Sergeant," said the Major to the Sergeant of the Provost Guard, "fetch
that little rascal down and buck-an-gag him, until I can decide what
further punishment he deserves for eavesdropping, and interrupting the
court."
"I don't care if you kill me," whimpered little Pete, as they tied his
hands together, "if you'll only let Corp'l Elliott off. He wasn't to
blame. It was me.
"You can go," said Lieut. Bowersox to the Lieutenant. "Sergeant, bring
in Orderly-Sergeant Jacob Whitelaw."
In response to the Judge-Advocate's direct questionings the
Orderly-Sergeant had to sorrowfully admit that he thought that Shorty
was drunk, very drunk, and exceedingly noisy. But when Lieut. Bowersox
changed to the defense, the Orderly-Sergeant testified with great
alacrity that he had not seen Shorty take a drink, that he did not know
where he could have got whisky; did not know where in all that part of
Georgia there was a drop of liquor outside of the Surgeon's stores and
the officers' canteens; that he wished he did know, for he'd like to
have a drink himself; and that Shorty, when he was putting forth his
greatest strength, was generally very vociferous and not at all careful
of what he said. This was one of the peculiarities of the man, that he
was overlooked on account of his great effectiveness on the men when in
that state.
The other members of the company testified in the same way, giving their
belief even more emphatically against any liquor being found anywhere in
that neighborhood, and the unlikelihood of Shorty's being able to obtain
any. The other members of the court had "caught on" very quickly to the
tactics of the President and Judge-Advocate. All except Lieut. McJimsey,
whose prepossessions were decidedly and manifestly in favor of the
attitude of his brother staff officer. He grew stiffer and more dogged
as the case proceeded, and frequently asked embarrassing questions. The
Judge-Advocate announced that "the case was closed, and the court would
be cleared for deliberation.
"Before you open, Judge-Advocate," said Maj. Truax significantly, "I
want to say something, not as a member of this court, but something
between gentlemen, and I want to say it before we begin our
deliberations, in order that it shall not be considered as part of them,
or influencing them. The lecture by that self-sufficient fellow on our
duties makes me tired. I remember his father--he sold the meanest whisky
to be found in Milwaukee. I want to say right here that no man who sells
lager beer can sell whisky fit for gentlemen to drink. Beer corrupts his
taste, mind and judgment. Old Steigermeyer had a good deal of political
influence of a certain kind, and he bulldozed the Representative from
his District into giving his son an appointment to West Point. Now this
young upstart comes around and absolutely lectures us who have always
been gentlemen, and our fathers before us, on gentlemanliness. It was
hard for me to keep from saying something right before him about the
quality of whisky his father used to sell. I can stand a good deal,
but the idea of a ginmill keeper's son lording it over others and over
enlisted men who came of much better stock than he does sticks in my
craw. Now, whenever I find one of these whose father got his appointment
as Steigermeyer's father did (and the old Major's eye wandered down
to where Lieut. McJimsey's air of sternness had given way to visible
unrest) I'm tempted to say unpleasant things. Now, Judge-Advocate,
proceed."
"The evidence in this case," said Lieut. Bowersox, with the severity
proper to a vindicator of justice, "shows that it was a very flagrant
breach of the essentials of discipline, and deserves stern treatment. A
man wearing the chevrons of a Corporal, has, in the presence of a number
of enlisted men, behaved in the most unseemly manner, showed gross
disobedience to his superior officer, reviled him with opprobrious
epithets, threatened to strike him, and actually did strike him. On the
other hand (and the Lieutenant's tone changed to that of counsel for the
defense), we all of us know that the prisoner is an excellent soldier of
long service, that his influence has always been for the best, and that
he was promoted to Corporal as an exceptional compliment for his part in
capturing a rebel flag at Chickamauga, where he was wounded and left
for dead on the field. It is for you, gentlemen, to take all these facts
into consideration, and determine how men of this stamp should be dealt
with for the best interests of the service. The evidence against him is
in many respects conflicting, and rests upon mere judgment, in which the
best of us are liable to err. I will not detain you farther, gentlemen."
"You say this prisoner was promoted for capturing a rebel flag at
Chickamauga?" asked Maj. Truax, who was perfectly aware of the fact, but
wanted to emphasize it upon the others.
"Yes," said Lieut. Bowersox, only too glad of the opportunity. "I saw it
all. Gallant a thing as was ever done. Simply magnificent. Thrills me to
think about it. I tell you that fellow's a soldier all the way through.
"That was before this Stiegermeyer fellow and a lot of other fellows
(and again his eyes wandered carelessly down toward Lieut. McJimsey)
had even joined us. I remember him also bringing up ammunition to his
regiment at Stone River. He is one of those fellows that you can send
to the rear, and always be sure that he'll come back as fast as his feet
can carry him. I don't want to influence any member of this court, but
the evidence that we have heard don't go an inch toward convincing me
that he was drunk, or struck at his superior officer. There was some
mistake, always liable to excited men. Lieut. McJimsey, you are the
junior officer present. It is your right to speak and vote first. Let us
hear from you."
The Lieutenant seemed to have recovered his sternness, and his
expression showed a determination to wreak exemplary punishment on the
man who had so grievously offended one of his class.
"It is clear to me," he began in a hard, set tone, "that an example
should be made. These low, brutal fellows--"
"When I lived in Chicago," broke in the Major, in a conversational tone,
apparently forgetful that he had called upon the Lieutenant to speak,
but fixing a very piercing blue eye upon him, "I used to mix up a good
deal with the boys who hung around a saloon kept by a ward politician,
an unscrupulous, noisy, driving fellow named--But excuse me. Lieutenant,
I forgot for the moment that I had called upon you to speak."
The Lieutenant's face had undergone a remarkable change, and as he sank
back in his seat, he said in a forced voice:
"In consideration solely of the previous excellent character of the
prisoner, I vote not guilty on all the charges and specifications, but
with a distinct warning to the man as to the future."
"So do I!" "So do I!" said the rest, one after another, so quickly that
it was almost a chorus.
"Judge-Advocate," said Maj. Truax, "when the General approves this
finding, and you communicate it to prisoner, whisper in his ear that if
he ever strains us this way again I'll take it upon myself to break his
fool neck. Let him look a little out."
"The next case I have is that of Serg't Josiah Klegg, implicated in the
same affair," said Lieut. Bowersox.
"Since we have acquitted the principal, it would be foolish to try the
accessory," said Maj. Truax. "Say the same thing to him. Now, let's
get down to business. Bring in that man that skulked when the boys were
going for that abatis. I want to make an example of him, for the good of
the service."