Nelson Hardie
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Summary
Nelson Hardie was a Private in Company A of the 102nd Regiment United States Colored Troops (U.S.C.T). He was charged with 'Absence without Leave', 'Robbery', and 'Threatening to Kill'; he only pleads guilty to the first charge of being absent without leave. The crime allegedly took place on October 19, 1864 with this court proceeding occurring on October 24th and 25th, 1864. Hardie is sentenced to pay $10.00 from his monthly pay. Two testimonies are included from Adam and Emma Cohen who testified on November 11, 1864 in which they account for their experiences of the crime committed on the night of October 19th.
General Transcription of the Court Martial Proceedings
Proceedings of a General Court Martial[1] which convened at Beaufort So. Ca.[2] by virtue of the following order. Headquarters U.S. Forces District of Beaufort. Second Separate Brigade. Beaufort S.C. October 24, 1864.
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Special orders, No 185
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III. A General Court Martial is here by ordered to convene at Beaufort S.C. tomorrow Oct. 25, 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 persons as may be brought before it.
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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
2nd Lieut. G.F. Eaton, Co. K, 129th N.Y. Vols
1st Lieut. A.P. Ketchum A. D. C. 56th N.Y.I.V. Judge Advocate[3].
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No other officers than those names 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
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By order of Brig. Gen. R. Saxton[4]
(signed) Stuart M. Taylor, A.A. General.
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Case of Private Nelson Hardie[5] Co “A.” 102d Reg. U.S.C.T.
Beaufort Nov 11th 1864
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9 o’clock A.M. The Court met pursuant to the foregoing order. Present:
Colonel H.L. Chipman[6] 102d Regt U.S.C.Troops
Captain J.E. Thorndike Addl. Aide De Camp.
1st Lieut. E.L. Miller Co. A. 211th Regt U.S.C.Troops
1st Lieut. G.T Holmes. Co. I. 102d Regt U.S.C.Troops
1st A.S. Bodine. Co. C. 127th Regt N.Y. Vols
2nd Lieut G.F. Eaton Co. K. 127th Regt N.Y. Vols
1st Lieut. A.P. Ketchum A.D.C. 56th N.Y.S. Vols Judge Advocate.
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The court then proceeded to the trial of Private Nelson Hardie Co. “A” 102nd Regt U.S.C.Troops[7] 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 to this he replied in the negative. The accused having no objection to any of the members the charges and specifications were then read by the Judge Advocate for the information of the court. The Court was then duly sworn by the Judge Advocate in the presence of the accused and the Judge Advocate was duly sworn by the president of the Court also in presence of the accused. The accused was then asked if he desired to introduce counsel and to this he replied in the negative. The accused private Nelson Hardie Co. “A” 102d Regt U.S.C.Troops was arraigned on the following charges and specifications.
Charge 1st Absence without Leave.
Specification. In this that private Nelson Hardie Co. “A.” 102nd U.S. Colored Troops did leave the quarters and the Camp of his Company taking with him his arms and accoutrements without leave from competent authority and did remain absent between the hours of nine P.M and twelve M. on the night of October 19th 1864.
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Charge 2nd Robbery.
Specification. In this that private Nelson Hardie Co. “A.” 102nd U.S. Colored Troops did in company with privates Augustus Bullard[8] and Thomas Johnson[9] Co “A.” 102nd U.S. Colored Troops leave the quarters and camp of his Company and between the hours of nine P.M and twelve M. proceed to the house of Adam Cohen Citizen and establishing a guard at both doors of the house and threatening to shoot the inmates Lucretia Simmons and Emma Cohen did seize and carry away from the premises certain property belonging to said Adam Cohen Citizen.
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Charge 3rd Threatening to Kill.
Specification. In this that Private Nelson Hardie Co. “A.” 102nd U.S. Colored Troops did in company with Privates Augustus Bullard and Thomas Johnson Co. “A.” 102nd U.S. Colored Troops threaten to shoot Lucretia Simmons and Emma Cohen while at the house of Adam Cohen Citizen[10], between the hours of nine P.M. and twelve M. on the night of October 19th 1864. using at the same time language as follows, viz.[11] “God damn you I will shoot you.” Damn you, if you know what is best for you you will stay on the house” or words to that effect, they. Private Bullard, Johnson and Hardie having their arms and accoutrements[12] with them at the time. All this at Ladies Island S. Carolina[13] on or about October 19th 1864.
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To which charges and specifications the accused pleaded as follows to the specification of the first charge “Guilty” except the words “taking with him his arms and accoutrements” and substituting the words “ten P.M” for the words “Twelve M.”
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To the first Charge “Guilty”
To the specification of the second charge “Not Guilty”
To the second charge “Not Guilty”
To the specification of the third charge “Not Guilty”
To the third charge “Not Guilty”
Sergeant James Stewart[14] Company “A.” 102d Regiment U.S.C.Troops, a 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.” 102d Regiment U.S.C.Troops
Question by the Judge Advocate. State whether or not you know the accused private Nelson Hardie and if so howardieHH long have you known him and to what Company and Regiment he belongs?
Answer. I know him and have known him about eight or nine months. He belongs to Company “A.” my Company 102d U.S.C.Troops.
Question by Judge Advocate. Did you see him on the night of October 19th 1864?
Answer. I saw him on that night, I think it was when I called the roll that night at half past eight o’clock, he was in the ranks of my company after that I don’t know what became of him. The next morning I called the roll he was then there. He did not have any permission to leave the camp that night that I know of. I would not necessarily have known if he had. He had on his arms and accoutrements when he was in the ranks. I do not know how long he kept them on. Lewis Banks was the only man that quartered with the accused that night. Banks is now at the Picket station on Ladies Island with our Company.
Private Nelson Brown Company “A.” 102nd Regiment U.S.C.Troops a witness for the prosecution being duly sworn testified as follows. I know the accused Nelson Hardie. All I know of his leaving camp on the 19th of October last was, that I and Sergeant Stewart walked out. This was at Ladies Island picket station and we went off to another plantation. I saw the accused that evening immediately after roll call at half past Eight and did not see him again till next morning at roll call.
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Question by the Court. How long after roll call did you see the accused?
Answer. It was five or ten or fifteen minutes.
Question by the Court. Did the accused have his arms or equipments or any part of them with or on him during that night after roll call? If so state what time it was?
Answer. I do not know.
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At 2 o’clock P.M the Court adjourned to meet again at 9 A.M. Nov. 12th
9 A.M. Beaufort S.C. Nov 12th 1864.
Present all the members the Judge Advocate and the accused.
Proceeding of yesterday were read by the Judge Advocate.
Private Lewis Banks[15] Co “A” 102nd Regt W.S.C.S. a witness for the prosecution being duly sworn testified as follows
Question J.A. To what Company and Regiment do you belong?
Answer. Company “A” 102nd U.S.C.T
Question. J.A. Where were your quarters on the night of the 19th October last?
Answer. On Ladies Island Brick Yard Plantation where my Company was then doing picket duty. My quarters were a tent on the said Plantation.
Question. J.A. Who else was in the habit of occupying your tent with you?
Answer. Nathan Beauregard and Nelson Hardie the accused.
Question by the Judge Advocate. Where were you on the night
of the 19th of October?
Answer. I was on Picket at No 6. post. I went on Picket. I remained from five in the evening until seven in the morning. I mean that I did not leave my post. no 6. from five in the Evening until seven, next morning. If my memory serves me right Nathan Beauregard[16] was on Picket too. I did not see anything or hear anything of the accused Nelson Hardie the night of October 19th. He was there at the tent at five, o’clock when I went on picket. He was sitting by the tent door. I did not see him again until next morning when I returned from picket. I then found him in my tent. When I met the accused at the time I have mentioned, his arms and accoutrements were in the tent, he did not have them on.
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Question by the Court. Did you not hear the accused in the presence of others, mention that he had been out of camp and got himself in a muss[17]?
Answer. I heard him say something about it.
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2nd Lieutenant George. A. Southworth[18] Co “A” 102nd U.S.C.T. a witness for the prosecution, being duly sworn, testified as follows
Question. J.A. To what Company and Regiment do you belong?
Answer. Company “A” 102nd U.S.C.T
Question. J.A. Where were you stationed on the night of October 19, 1864?
Answer. Ladies Island. Brick Yard Plantation on Picket.
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Question J.A. Do you know whether or not Private Nathan Beauregard of you Company was on Picket that night?
Answer. I do not recollect whether he was on Picket or not. I did not visit his tent that night.
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Question by the Court. Has there been an order issued, or given in your Company, prohibiting the men, from being out of or, away from Camp at night?
Answer. Yes. Sir, and it had been given previous to the 19th of October:
The depositions marked “A” and “B” hereto appended, having been made before a Justice of the Peace, in presence of the Judge Advocate and the accused, were introduced in evidence by the Judge Advocate and received by the Court.
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The Prosecution was here closed.
The accused having no testimony to offer then presented the written statement, appended and
marked “C”
The Judge Advocate having no reply to make the case was then submitted to the Court. The Court having maturely considered the evidence adduced, find the accused, Private Nelson Hardie Co “A” 102nd U.S.C.T. as follows:
Of the specification, to the first charge. “Guilty”, except the words
“taking with him his arms and accoutrements.”
Of the first charge. “Guilty”
Of the specification to the second charge. “Not Guilty”
Of the second charge. “Not Guilty”
Of the specification to the third charge. “Not Guilty”
Of the third charge. “Not Guilty”
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And the Court do therefore sentence him Private Nelson Hardie Co “A” 102nd U.S.C.T. to forfeit to the United States ten dollars ($10) of his monthly pay for one month.
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Henry L. Chipman, Col. 102nd Regt. U.S.C.T., President
A. P. Ketchum , 1st. Lieut. 56th N.Y.S. Vols + A.D.C, Judge Advocate
Hd Qs: Dist of Beaufort
Beaufort So Ca
Nov: 15t 1864
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The proceeding’s findings + sentence of the Gen Court Martial in the case of Pvt. Nelson Hardee Co. “A” 102. Rgt. U.S.C.T are approved + the sentence will be carried into effect accordingly,
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R Saxton – Brig. Gnl Cmd
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At 2 o’clock P.M., the Court adjourned to meet again Monday, Nov. 14. 1864.
Henry L. Chipman[19] [signature] Col. 102dRegt. U.S.C.T, President
A.P. Ketchum, 1st. Lieut 56 N.Y.S.Vols. + A.D.C. Judge Advocate
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“A”
State of South Carolina
District of Beaufort.
Adam Cohen, of Pleasant Point Plantation[20] Ladies Island, being duly sworn says, that on the 19th of October last he went to the home of his brother-in-law, Peter Devoe, on the said Plantation, and that when he was coming out of said house he heard the firing of a musket or rifle apparently but a short distance off, and on the said plantation, that as soon as he had heard the said firing he came right down to his own house, he met his wife Emma Cohen, and his mother Lucretia Simmons who were apparently in great trouble on account of some soldiers who they said had been there, at the house abusing them, and threatening to shoot them, and deponent[21] says that at the time he left the house of his said brother in law, as before mentioned, it was between ten and eleven o’clock. And deponent further says that he went immediately to the hen house where his chickens were kept and with a light in his hand, and discovered that eight of the said chickens had been carried away. and their heads left lying on the ground in the hen house. That on the following morning evening previous deponent had went to the Headquarters of the Picket[22] at Brick Yard plantation, following the tracks of the footsteps marked in the sand and that for the entire distance feathers were scattered along the road leading to the said Brick Yard Plantation and deponent further says that deponent’s mother Lucretia Simmons is ill, and unable to attend upon the Court.
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Sworn before me this 11th day of November 1864
his mark[23] X Adam Cohen
A.D.Smith [signature] Provt Justice peace[24]
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“B.”
State of South Carolina
District of Beaufort,
Emma Cohen, being duly sworn says that she resides on Pleasant Point Plantation, Ladies Island, that on the night of the 19th. of October last she about three or four hours after dark she was waked by a noise in the yard, that she went immediately to the front door of hen house, and heard some persons apparently in the hen house catching fowls, that without opening the door of she called out to them and said “Mind now, and don’t go away with my fowls”, A man outside made answer and said “Damn you If you come out I will shoot you” Deponent further says that There was no further conversation at that time, I and deponent did not go out of the house and did not see the men, but at the same time that deponent went to the door as aforesaid, deponent’s mother-in-law Lucretia Simmons, who was in the house at thet time, went to the window, and having opened the shutter, was met by a man who told her that if she didn’t push her head back he would shoot her. This was while the noise was going on at the hen house And deponent further says that after the said persons had left the premises she went to the hen house, saw blood and feathers on the door and the heads of chickens scattered about upon the ground.
Sworn before me this 11th day of November 1864
her mark X Emma Cohen
A.D.Smith [signature] Provt Justice peace
“C.“
Statement in Defence made by Nelson Hardie Co “A” 102d. Reg. U.S.C.Troops.
I have no excuse to make for being absent without leave that night, except that I did not go very far away.
His mark X Nelson Hardie
Witness G.F.Eaton [signature] 2nd Lt Co K 127th N.Y.V
Head Qrs. Dist of Beaufort U.S. Forces Beaufort. S.C. November 15, 1864
No 185. Dated. Head Quarters
Proceedings of a General Court Martial convened by Virtue of Par III Special Orders U.S. Forces. District of Beaufort, Second Separate Brigade
Beaufort S.C. Octo 25th 1864
Approved: R. Saxton [signature] Brig Gnl Comdg.
Prisoner tried: Private Nelson Hardie Co “A.” 102d U.S.C.T.
President Col. Henry L. Chipman 102d U.S.C.T.
Judge Advocate: 1st Lieut A.P. Ketchum A.D.C. 56th N.Y.S.VOLS
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[1] a judicial court that tries members of the armed services for any offense against military law
[2] Beaufort is 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] an officer of the Court who provides legal advice (lawyer of the military)
[4] Brigadier General Rufus Saxton
[5] Hardie is an illiterate 22-year-old boat-hand born in Richmond Virginia; he is listed as free. He enlisted on January 4, 1864 in Detroit and was mustered in on the 14th. He is a Private in Company A. In Sept. And Oct. Of same year he was absent in confinement then present again during Nov. and Dec. Owing $10 for his court martial sentencing. In Aug. 1865, he is sick at a General Hospital in Charleston, SC. There is a $300.00 bounty on him as well. He was mustered out in Charleston, South Carolina on September 30, 1865.
[6] Born in 1823. He was given command of the regiment at the age of 41 on April 15, 1864. He was present at the General Court Martials in September and October of 1864. He would eventually be promoted to Brig. General on August 22, 1865.
[7] Originally called The First Michigan Colored Infantry, it was made up of black soldiers and white officers. Created in July of 1863, this regiment served on picket duty, built fortifications, destroyed railroads, and engaged the enemy.
[8] Bullard was a Corporal who got demoted in Company A 102nd U.S.C.T. He enlisted September 30,1863 in Jackson. He was a freeman while in service.
[9] Before being mustered into Co. A of the 102nd USCT, Johnson was a Free Blacksmith. On January 11, 1864, at the age of 23, he was mustered into the 102nd USCT. He was Court Martialed in October of 1864 which resulted in the loss of $10 pay. After the war, he lived in Missouri and filed for his pension (based on a gunshot wound to the chest) in 1882. His wife received the pension after his death in 1885. It is not clear whether he received his pension before his death or not.
[10] Adam Cohen (age 47 per 1870 census) was a “Black” “farmer” who could not read or write and had a real estate value of “850” (all info from 1870 census). He was married to Emma Cohen (age 38 per 1870 census). Both were inhabitants of Pleasant Point Plantation at the time of incident involving members of the 102nd who were Court Martialed. Adam Cohen was born in Pleasant Point, Ladies Island, South Carolina to parents Lucretia (who died in 1866) and George (who died “long before the war”).
[11] Vis-à-vis, close or referring to.
[12] One’s weaponry and other accessories besides their uniform and weaponry.
[13] Lady’s Island, S.C. is a small sea island in Beaufort County and is located just north of Beaufort and Port Royal.
[14] Stewart is a literate 28-year-old born in Dunnwidie Co. Virginia. He is listed as free. He enlisted in Detroit on September 28, 1863 and mustered in on October 3rd. He is a Sergeant in Co. A. He was mustered out on September 30, 1865 in Charleston, South Carolina. He died on May 2, 1908 and is buried in Grand Rapids Veteran’s Cemetery, Michigan.
[15] Banks is an illiterate 31-year-old farmer from Reuton Co. Kentucky. He is listed as being a freeman. He enlisted at Battle Creek on October 1, 1863 and was mustered in on Oct. 10th. He was mustered out in Charleston, South Carolina on September 30, 1865. During his enlistment he was fought in action at Honey Hill and Deveaux Neck.
[16] Born in Calaway, Kentucky. He was a 23-year-old laborer and is listed as a freeman. He enlisted on October 8, 1863 in Detroit, Michigan and mustered in on October 10th. He was part of Company A. Most of his time seemed to be ‘sick in quarters’. He died August 24, 1906 and was buried in Riverside Cemetery in Kalamazoo.
[17] an act of disorder, tussle.
[18] 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.
[19] Born in 1823. He was given command of the regiment at the age of 41 on April 15, 1864. He was present at the General Court Martials in September and October of 1864. He would eventually be promoted to Brig. General on August 22, 1865.
[20] This plantation is located at the North end of Lady’s Island, S.C. Today it is owned and operated as a golf-course and residential community.
[21] one who testifies under oath, giving evidence or acting as a witness, either in a deposition or by affidavit for use as evidence for the court.
[22] an outpost position or guard for a larger force, usually within distance for deterring enemies or supporting the main encampment that they are protecting. In case of enemy attack, warnings would be sounded by the picket.
[23] “his mark”: an x mark signature is made by a person who is unable to complete a full signature to a document because of a disability or illiteracy.
[24] The head of military police inside of a camp.