Proceedings of a General Court Martial[1] which convened at Beaufort[2], So. Ca. by virtue of the following order

Headquarters U.S. Forces District of Beaufort

Second Separate Brigade

Beaufort S.C. October 24th 1864

Special Order

No. 185

A General Court Martial is hereby ordered to convene at Beaufort, S.C., tomorrow, Oct 25th 1864 at 10 o’clock A.M., or as soon thereafter as practicable, for the trial of 1st Lieut Sylvester Soper Co “B” 26th U.S.C.T and such other prisoners as may be brought before it.

Detail for the Court

Colonel H.L. Chipman 102nd U.S.C.T.

Captain J.E. Thorndike A.A.D.C.

1st Lieut E.L. Miller Co. A 26th U.S.C.T.

1st Lieut G.T. Holmes Co. I 102nd U.S.C.T.

1st Lieut A.S. Bodine Co. C 127th N.Y.Vols

2d Lieut G.F. Eaton Co. K 127th N.Y. Vols

1st Lieut A.P. Ketchum ^56th N.Y. Vols A.D.C Judge Advocate

​

​

No other officers than those named can be assembled without manifest injury to the service. The duties of this Court are not intended to interfere with Co. duties of Officers named.

By order of Brig. Gen. R. Saxton

(signed) Stuart M. Taylor

A.A. General

Case of Private Fredrick Leeke[3]

Co “C” 102 Reg U.S.C.T.

2 P.M. Beaufort S.C. Nov. 9th 1864

The Court met pursuant to the foregoing order

-Present-

Colonel H.J. Chipman 102nd U.S.C.T.

Captain J.E. Thorndike A.A.D.C.

1st Lieut E.L. Miller Co A 26th U.S.C.T.

1st Lieut G.T. Holmes Co. I 102 U.S.C.T.

1st Lieut A.S. Bodine Co. C 127 N.Y. Vols

2d. Lieut G.F. Eaton Co. K 127 N.Y. Vols

1st Lieut A.P. Ketchum ^56th N.Y. Vols A.D.C Judge Advocate

The Court then proceeded to the trial of Private Fredrick Leeke Co. “C” 102nd Reg’t. U.S.C. Troops who was called before the Court and having heard the order appointing the Court read was asked if he had any objection to any member named in the order. The accused having no objection to any of the members the charge and specification were read by the Judge Advocate[4] for the information of the Court. The court was then in presence of the accused duly sworn by the Judge Advocate and the Judge Advocate was duly sworn by the President of the Court also in presence of the accused. The accused was asked if he desired to introduce counsel and to this he replied in the negative.

The accused, Private Fredrick Leeke Co. “C” 102nd Reg’t. U.S.C. Troops was arraigned on the following charge and specification.

Charge. Sleeping on the post.

Specification. In this: that the said

Private Fredrick Leeke of Co. “C” 102nd U.S.C.T. on the night of the 28th of June 1864 after having been duly posted as a sentinel, at the place where the Commissary Stores[5] of the said 102nd U.S.C.T. are kept did lie down and go to sleep on his

post. All this at the Camp of the 102nd U.S.C.T. on or about the 28th day of June 1864. To which charge and specification the accused pleaded as follows:

To the Specification. “Not Guilty”

To the Charge “Not Guilty”

At 2.30 P.M. the Court adjourned to meet again at 9 A.M. to morrow Nov 10th. Beaufort S.C. 9 A.M. Nov 10. 1864. The Court met pursuant to adjournment Present all the members, the Judge Advocate and the accused. The proceedings of yesterday were read by the Judge Advocate.

​

​

1st Lieut. George A. Southworth[6] Co “A” 102nd Reg’t

U.S.C. Troops, witness for the prosecution being duly sworn testified as follows.

Question by Judge Advocate. To what Company and Regiment do you belong?

Answer. Company “A” 102 Regiment- U.S.C. Troops.

​

Question by Judge Advocate. Do you know the accused Private Frederick Leeke and if so state to what Regiment and Company he belongs and how long you have known him?

Answer. Yes sir. He belongs to Company “C” 102nd Regiment U.S.C. Troops and I have known him since June 1864.

​

Question by Judge Advocate. Where were you stationed and what were your duties on the night of the 28th of June 1864?

Answer. I was stationed near Beaufort So. Ca. at the camp of the 102nd Regiment U.S.C.T. and I was officer of the Camp guard that night.

​

Question by Judge Advocate. On the night of the said 28th of June on what duty if any, was the accused Private Frederick Leeke, if you know?

Answer. He was one of the Camp guard at the Camp of the 102nd Regiment U.S.C. Troops near Beaufort.

​

Question by Judge Advocate. If you know state how the accused performed his duties on the night of the said 28th of June.

Answer. He the accused was posted as sentinel[7] at the Commissary tent. I mean the tent where the Commissary stores of the Regiment were kept. Between the hours of ten and twelve, I think, on the night of the said 28th of June I visited the sentinels around the Camp. As I approached the post of Private Leeke, the accused I was not challenged. The accused did not challenge me, and when I approached nearer and to within three feet of him I found the accused sitting on his post. He was not sitting on the ground but on a box or stool or something of that sort I don’t know what. His head was turned towards his knees, his elbows resting on his knees and his face on his hands, his musket was leaning beside him against a pile of boxes, the butt of his musket on the ground about twelve inches from the accused. He did not have hold of his musket. When I approached him and within three feet of the accused so that I could have touched him I spoke to the accused. I mearly said “well” in an ordinary tone. I saw that he, the accused did not move and I turned around, went back to the guard house and sent a Sergeant to relieve him. When I found the accused sitting on his post as I have testified I did not shake him. I did not touch him in any way. He did not in any way change his position while I saw him.

​

Question by the accused. Did I not tell you at the time when you say you found me asleep that I was sick?

Answer. Not until after the accused had arrived at the guard house with the sergeant.

​

Question by the Judge Advocate. What do you suppose was the matter with the accused when you found him on the night of the 28th of June sitting on his post as you have testified?

Answer. I supposed he was asleep.

​

Question by the Court. Have you any doubt of the accused being asleep on his post at the time mentioned?

Answer. No sir. I have not.

​

​

Sergeant Franklin Gibbs[8] Company “B” 102nd

U.S.C. Troops a witness for the prosecution, being duly sworn testifies as follows.

​

Question by Judge Advocate. To what Regiment and Company do you belong?

Answer. Company “B” 102nd Regiment U.S.C. Troops.

 

Question by Judge Advocate. State whether you know the accused Private Frederick Leeke and if so how long you have known him and to what Company and Regiment he belongs?

Answer. I have seen him repeatedly. I know him to belong to Company “C” 102nd Regiment U.S.C. Troops

 

Question by Judge Advocate. Where were you stationed and what were your duties on the night of the 28th of June 1864.

Answer. I was stationed at our old camp near Beaufort, the camp of the 102nd U.S.C. Troops. I was sergeant of the guard. I posted the accused at nine o’clock in the evening of June 28th. I went to relieve him between the hours of nine and twelve. When I came upon the accused at his post at the Quartermasters[9] tent which is the tent where Commissaries Stores of the Regiment were then kept I found him sitting back upon a barrel asleep with his musket by his side. He was not holding his musket, it was about one foot from him. The first thing I did when I came up to the accused I slapped him twice with my musket and told him that I came to relieve him on account of his sleeping. I then took him to the guard tent. I know he was asleep because I slapped him twice with my musket and then he asked me what I wanted. I could not see his eyes distinctly it was so dark.

​

Question by the accused. Did I not tell you at the time you have testified about that I was sick?

Answer. He told me after I had arrested him the next day that he had been sick and asked me to speak to Colonel Chipman about it. He did not tell me so the night he was found asleep.

​

The Prosecution was here closed.

​

​

2nd Lieutenant Charles L. Barrell[10] Company “C” 102nd Regiment U.S.C. Troops a witness for the defence being duly sworn testified as follows.

​

Question by the accused. To what Regiment and Company do you belong?

Answer. Company “C” 102nd Regiment U.S.C. Troops.

​

Question by the accused. State whether you are acquaintted with me, the accused and if so how long you have been so acquainted and of what Company and Regiment I am a member?

Answer. I am acquainted with the accused and have known him since February last. He belongs to Company “C” my Company 102nd Regiment U.S.C. Troops. I have belonged to the same Company one year and ten days.

​

Question by the accused. Please state briefly what you know with regard to my general character and my conduct and behavior as a soldier?

Answer. The general character of the accused has been good. His conduct good. He has been very obedient, always on hand, always ready to do his duty. I never knew anything against him except the present charges.

​

Question by the accused. What do you know with regard to my health.

Answer. I know that he was sick before the time that the charges for sleeping on Post were said to have been preferred against him in the latter part of last June. I do not know the nature of his disease. I know that he was on the sick list. I do not remember how near it was to the time when charges were preferred. I do not remember whether he was sick right afterwards. He was confined I think, the night he was said to have been caught sleeping in the latter part of June. He was kept in the guard house till the latter part of July, and then released. He has not since been in confinement to my knowledge. He went on duty the first of August with the Company and was still on duty the twentieth of September when I was detached from the Company. I have been detached ever since. The accused went with the Company, Company “C” to Jacksonville Florida. I was then again detached from the Company. I saw the accused occasionally doing duty with his Company. The accused went with his Company from Jacksonville to Baldwin Florida. I saw the accused at Baldwin doing duty with his company. We marched from Baldwin to Magnolia Florida. I occasionally saw the accused on the march doing duty with his Company. We returned from ^Magnolia to Camp at Beaufort. The accused was doing duty with his Company at Magnolia and was on duty with his Company when it came back to Camp. I did picket duty[11] with the accused twenty days next succeeding our return from Florida. The accused did his duty well.

​

Question by the Court. Please state to the Court if you know whether or not the accused was sick on or about the 28th of June last?

Answer. I don’t think that he was that day. I don’t remember.

​

Question by the Court. Have the Articles of War[12] been frequently read to your Company?

Answer. They have.

​

Question by the Court. Have the men in your Company been well instructed in guard duty?

Answer. They have.

​

Question by the Court. Has the accused been instructed in relation to the penalties for sleeping on post?

Answer. He has.

​

Question by Judge Advocate. Was he so instructed previous to the 28th of June last and were the articles of War read to him often previously to that time?

Answer. He was. Yes sir, they were.

​

Question by the Court. At what time did the accused go on guard on the 28th of June?

Answer. At eight o’clock in the morning, at guard mounting.

​

Question by the Court. Had the accused been on guard duty the day previous to the 28th of June last?

Answer. Not to my knowledge.

​

The accused having no further testimony to offer then made the following Defence

Anything which I am called upon to do in the service of the United States I should try to do as properly as I can and show my respect for all officers of the service which I always try to do. That night that I was reported as sleeping on Post I was very sick. I was subject to a bad headache. I got very faint that night and my head got very hot. That was the reason I didn’t call for the Corporal of the guard. I spoke to Doctor Vincent[13] I think the very same day about my being sick and he said I had been on the sick list long enough. He said he thought I ought to do some duty.

​

The Judge Advocate having no reply to make,^the case was then submitted to the Court. The Court was then cleared for deliberation and having maturely considered the evidence adduced find the accused Private Frederick Leeke, Co. “C” 102nd Reg U.S.C. Troops as follows:

​

Of the Specification “Guilty” with the substitution of the word “sit” for the word “lie”

Of the charge “Guilty”

​

​

And the Court do therefore sentence him, Private Frederick Leeke, Company “C” 102nd Regt. U.S.C. Troops to be confined at hard labor for four months, at Fort Marion[14], St. Augustine, Florida, or such place as the Commanding General shall direct, and to forfeit to the United States ten dollars ($10) per month of his monthly pay, during the period of his confinement.

Henry L. Chipman

Col. 102nd Regt. U.S.C.T

A.P. Ketchum                President

1st Lieut. ^56th N.Y.S.V A.D.C.

Judge Advocate                Hd Qrs Dist of Beaufort 

Beaufort So Ca Nov 11 1864

The proceedings finding and sentence of the Court Martial in the case of Pvt Frederick Leeke of Co “C” 102 Regt U.S.C.T. are approved and the sentence will be carried into effect accordingly.

R. Saxton

Brig General Comd

​

​

 

At 2 o’clock P.M. the Court adjourned to meet again at 9 A.M. to morrow Nov 11th.

Henry L Chipman

Col. 102nd Regt U.S.C.T.

A.P. Ketchum

1st Lieut ^56th N.Y.S.V. A.D.C.

Judge Advocate

​

​

Proceedings of

a General Court Martial

convened by virtue of Par. III

S.O. No. 185, dated U.S. Forces

District of Beaufort, Hd Qr 2nd

Separate Brigade, Beaufort, S.C.

October 25th, 1864

Prisonir tried

Private Frederick Leeke, Co “C” 102 U.S.C.T.

President:

Col. Henry L. Chipman

102nd U.S.C.T.

Judge Advocate

1st Lieut. A.P. Ketchum

56th N.Y. Vols A.D.C.

Head Quarters U.S. Forces

District of Beaufort

S.C.

November 11 1864.

Approved

R Saxton

Brig. Genl

Comdg

​

​

[1]  trial conducted by the U.S. military or by state militaries. It is the highest court level. It consists of a military judge, trial counsel, defense counsel, and a minimum of five officers sitting as a panel of court-martial members.

[2] a city on Port Royal Island, South Carolina. During the Civil War, this was the first southern city conquered by Union forces after the U.S. Navy victory in Port Royal Sound on November 7, 1861. Beaufort became the headquarters of the U.S. Army, Department of the South, and the base of operations for the 102nd U.S.C.T.

[3] He was mustered into company C at the age of 25 on February 17, 1864 in Detroit, Michigan. He was a free man and born in Tennessee. Before joining the military, he worked as a farmer.

[4] a lawyer who advises a court-martial on points of law and sums up the case.

[5] a store for provisions.

[6] He was a white man who enlisted into the military on April 22, 1861 in company I at Kalamazoo. He was discharged on October 2, 1863 to accept commission in the U.S. Colored Troops in company A. He was commissioned as a Second Lieutenant on November 5, 1863 and then First Lieutenant on November 15, 1864.

[7] a soldier or guard whose job is to stand and keep watch.

[8] He mustered into the military on October 22, 1863 in Detroit, Michigan and was placed in Company B. He was promoted to First Sergeant on October 21, 1863 for good conduct and soldierly bearing. He was literate, a free man, and born in Springfield, Massachusetts. Before joining the military, he worked as a shoemaker.

[9] a military officer responsible for providing quarters, rations, clothing, and other supplies.

[10] A white officer. On November 16, 1864 he was promoted to First Lieutenant.

[11] Picket duty constituted the most hazardous work of infantrymen in the field. Being the first to feel any major enemy movement, they were also the first liable to be killed, wounded, or captured. And he most likely targets of snipers. Picket duty, by regulation, was rotated regularly in a regiment.

[12] The Articles of War are a set of regulations drawn up to govern the conduct of a country's military and naval forces.

[13] This refers to Wesley Vincent, the surgeon for the 102nd U.S.C.T.

[14] This fort is the oldest in the continental United States as it was constructed by the Spanish beginning in 1672. Its original name is Castillo de San Marcos. It was transferred to the United States from Spain in 1821 after the signing of the Adams-OnÍs treaty and its name was changed to Fort Marion after the American Revolution hero Francis Marion.