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.
shorty before the court-martial. 257
"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."
