SPECIAL ORDER TUPELO, JUNE 18,1862
A general court martial is hereby ordered to meet at Columbus, Miss on the 20 th day of June 1862 or as soon thereafter as practicable for the trial of or such other prisoners as may be brought before it.
FOR THE COURT
Col. John W. Portis 42 Ala Regt.
Lt. Col. O.S. Holland(Orlando) 37 Miss Regt.
Alex Greene 37 Ala Regt.
James Goodson 42 Miss Regt.
Major A. Yates (Alexander) 36 Miss Regt
Capt. W.W. Wier 37 Miss Regt.
W.C. Turner 37 Miss Regt
H.H. Longstool Batt Ala 32 Arty
C.S. Rogers Moore,Miss
T.C. Mitchell 42 Ala Regt
J.A. Fields 42 Ala Regt
J.H. White 42 Ala Regt
Lt. W. P. White 37 Miss Regt
No one other than the above named officers can assembled without manifest
injury to the service.
By command of Gen. Beauregart
Geo. W. Bramm, Army Chief of Staff
Columbus, Miss. June 31, 1862
8 o'clock A.M.
Col. John W. Portis 42 Al
Lt. Col. O.S. Holland 37 Miss
Alex Greene 37 Al
James Gorden 42 Miss
Major A. Yates 36 Miss
Capt. W.W. Wier 37 Miss
W.C. Turner 37 Miss
T.C. Mitchell 42 Al
C.S. Rogers Moore, Miss
J.A. Fields 42 Al
Lt. M.P.Bramm 37 Miss
JUDGE ADVOCATE
It appeared by said call that corporals Singleton and White were absent,
cause unknown to the court. There being a quorum present, the court
organized for the purpose of considering the charge and specification
preferred against Alonza Wood, a private in Co. C, 37th Regt. Ala.
Vols.
The accused being present, the Judge Advocate, after reading the order
convening the court, read aloud the charge as follows;
CHARGE VS ALONZA WOOD
Charge
Violation of the 46th article of war. Specification
is this, that Alonza Wood did, on the night of the 18th of January, 1862,
go to sleep on post at Bluct's Bridge when placed there as a sentinal.
(Signed) Marion Searcy
Officer of the day
The prisoner was then asked if he had any cause or reason to object
or challenge any member present; whereupon he (the prisoner) entered
in writing the following objection to Lt. Col. Alex Greene; because he
has formed and expressed an opinion as to his (the prisoner) guilt or innocence,
and consequently cannot stand impartial between the government and the
prisoner.
(Signed) Alonza Wood
Upon the court being cleared and the objection heard and understood,
it was determined by this court, that the said Lt. Col. Greene, be excused
from sitting on the case. No other member of the court being objected
to; the court was (then) duly sworn by the Judge Advocate and the Judge
Advocate was duly sworn by the President. The court being sworn,
the
prisoner asked and obtained leave to introduce Isham Harrison as his
council. When the charges were again read to him (the prisoner) by
the Judge Advocate, and he (the accused) was asked, how say you, guilty
or not guilty. Whereupon he plead not guilty.
The Judge Advocate then questioned Capt. Marion Seracy- who testifies as follows--
QUESTION...... Do you know the defendant (Alonza Wood)
ANSWER......... I know him when I see him
QUESTION...... Did you see him on or about the 18th of June,
if so, state where did you see him and all that
took place on that occasion concerning with defendant
ANSWER......... I saw the prisoner on the 18th of June on his
post as sentinal, at the far end of Bluct's Bridge. I had occasion
to cross the bridge and found the sentinal and supposed him to be
asleep. He was sitting in a leaning posture
against the bridge. I didn't stop to wake him up-supposed him
to be asleep. I had a candle with me, the defendant didn't halt me
as I passed over first, as I returned he halted me. The strongest
reason that I had that Defendant was asleep was that there was an order
issued that day that no sentinal was to sit on his post, The strongest
reason that I had that defendant was asleep was that he was still and noiseless.
There were three of us walking together over the bridge making the usual
noise that is made by that many persons walking over a plank bridge.
It was a regular guard post and sentinal was placed there by my order as
officer of the day.
CROSS
QUESTION...... Did you speak to him or those with you at the
time of your first passing over the bridge, did you and those
with you not move as noiselessly as possible. Under the duty
isn't it upon you to visit sentinals to ascertain what was the real
manner in which they were discharging their duties.
ANSWER......... None of us spoke to him. No sir, I walked as I commonly walk and I suppose those who were with me did the same thing.
QUESTION...... Was the defendant a raw recruit
ANSWER......... He was
QUESTION...... Was not your office that night as much to instruct
the sentinals as well as to ascertain their fault and did
you instruct him and drill him in his duties
ANSWER......... It was my duty to instruct the sentinals as well as to see that they did their duty, I did not say a word to him when I passed him either time.
QUESTION...... Is the defendant not a mere lad under 18 years of of age- look at him and tell
ANSWER........ I suppose him to be under 18 years of age
QUESTION..... Do you know the young man's character in the company or regiment to which he belongs for subordination and fidelity as a soldier
ANSWER........ His officers say he discharges all his duties faithfully as well or better than any man in the company
QUESTION..... Don't you know, if so, state whether this young man had not been very sick with measles or something else just before that time and was not able to perform sentinal duty at night. What hour of the night did his relief come on and when was he relieved.
ANSWER........ I do not know of it of my knowledge. His
relief came on the hourof 10 o'clock at night and was taken off at 12 o'clock.
THE JUDGE ADVOCATE THEN INTRODUCED PRIVATE G.W. RICHARDS
CO. H, 37th ALA., WHO AFTER BEING DULY SWORN, TESTIFIED AS FOLLOWS.
QUESTION.... Do you know the defendant
ANSWER....... I know him when I see him
QUESTION.... Did you see him on or about the 18th of June, if so, state where he was and what he was doing at the time.
ANSWER....... I did, he was at his post on the opposite side
of Bluck's Bridge as sentinal We passed by him going to the spring
on the opposite side of the river and found him sitting with his head leaning
against the side of the bridge as
though he was asleep. As we passed he did not halt us, as we
returned,having been absent about fivea minutes, he was up standing in
the center of the bridge at his post. This time he halted us.
Three of us crossed together and made no more noise than is usually
made by the same number of persons crossing a bridge covered as that was
with dust.
CROSS
QUESTION.... Did you speak to defendant as you passed him first and had he a gun
ANSWER....... I did not speak to him nor had he a gun
QUESTION .... Did you consider it your duty to make yourself astute to catch young sentinals in fault or rather to visit them as raw recruits and instruct them in their duties and make soldiers of them
ANSWER...... I did not consider it my duty to catch him or any other sentinal in fault. I think it was my duty to instruct him
QUESTION.... Was there any thing said by you or your party when passing him at either time
ANSWER....... Nothing said
THE JUDGE ADVOCATE THEN INTRODUCED SERGEANT JAMES M.
SANDERS CO. A, 37th ALA. WHO AFTER BEING DULY SWORN TESTIFIED
AS FOLLOWS
QUESTION.... Do you know the defendant
ANSWER....... I do
QUESTION.... Do you know whether or not the defendant was regularly detailed from Co. A for guard duty on the 18th of June, 1862
ANSWER....... The orderly Sergeant told me that he was, and asked me if he was able to do duty. I told him that he had fever on him at the time and was not, and I am pretty certain this was the 18th of June
CROSS
QUESTION.... Was he able to do duty at that time
ANSWER....... I give it as my testimony being his physician that he was not
QUESTION.... How many days has he been imprisioned (by a member of the court)
ANSWER...... Twelve days
The Judge Advocate then announced he had no further testimony on behalf
of the government and the prisoner by his council announcing he had none.
The court was cleared for deliberation and having maturely considered the
evidence, we find the accused Private Alonza Wood of the specification
to the charge, not guilty and of the charge , not guilty
in manner and fairness as alleged against him, but find him guilty
of negligence in the discharge of his duty and find him guilty of carelessness
but shall consider the exculpating circumstances of sickness. It
is therefore considered by the court that the defendant shall be jubicaly
reprimanded by the president in open court in the severest manner
known to the
court and being a raw recruit, that the president be requested
to instruct him fully as to his duties as a sentinal and state fully the
penalty of a neglect or violation of such duty and that the limits of the
arrest of said accussed are hereby extended with directions to report back
to his command.
More being, no further hearings before the court, it adjourned
8 o'clock PM
J.W. PORTIS, COL. COM.
42nd REGT. A.V. PRESIDENT COURT
The findings and sentence are disapproved.
That part of the
sentence releasing the prisoner is an
assumption which it is
difficult to conceive a court could seriously
make
Braxton Bragg
Gen. Comdg.