The Court then proceeded to the trial of Second Lieutenant O. A. Davis, Co. “E” 102d. Reg. U.S.C.T. 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 charge and specification were read by the Judge Advocate, The Court was then in presence of the accused duly sworn by the Judge Advocate and the Judge Advocate was then duly sworn by the President of the Court also ------------------ in presence of the accused, according to law The accused was asked if he desired to introduce counsel, and replied that he did not.

The accused Second Lieutenant O. A. Davis Co. “E” 102d U.S.C. Troops, was arraigned on the following charge and specification.

​

Charge: Conduct to the prejudice of good order and military discipline.

​

Specification: In this That he, the said O. A. Davis 2d. Lieut. Co. “E” 102d. Reg. U.S.C.T., when properly detailed by Jas. A. McKnight, 1st Lieut. and Adjt of said Reg, to take charge of picket guard, did refuse to do so, saying I will be “God damned” if I will go on picket, and did not go. All this at or near Long Lake on or about the 17th day of August 1864, while on the march from Baldwin to Magnolia Florida. To which the charge and specification the accused pleaded as follows.

To the Specification “Guilty”, except the words “I will be God Damned if I will go”

To the charge “Guilty”

 

 

Captain A.E. Lindsay, a witness for the prosecution being duly sworn, testifies as follows.—

Question by Judge Advocate- To what regiment and company do you belong?

Answer- 102d. Reg. U.S.C. Troops – Co. “B”

 

Question by Judge Advocate- Are you acquainted with the accused, Lieut. O.A. Davis?

Answer- Yes, sir

 

Question by Judge Advocate- Where were you, Captain, on or about the 17th day of August. 1864?

Answer- I was in Florida between Baldwin and Magnolia.

 

Question by Judge Advocate- Were you with your Regiment at that time?

Answer- Yes, sir

 

Questioned by Judge Advocate- Was the Regiment Stationed at that point?

Answer- No sir, it was on the march

 

Question by Judge Advocate- Were you in company with the accused, Lieut. Davis, on said 17th of August?

Answer- Yes, sir

 

 

Question by Judge Advocate- Please state what occurred at that time?

Answer- On the evening on the 17th of August last we were pitching our tents, Lieut. Davis stood close by me, within a few feet. The Adjutant of the Regiment, 1st Lieut. Jas. A. McKnight, came along, told Lieut. Davis he would have to go on picket. Lieut. Davis asked him how that happened. The Adjutant told him it was his turn to go on, and it was the best he could do. Lieut. Davis said “I will not go on picket out of my turn”. Lieut. McKnight then told him to consider himself under arrest. Lieut. Davis said to the Adjutant, He would be damned if he would go on duty out of his turn. He might shove it.

 

Question by Judge Advocate- Was that all that was said?

Answer- I think that was all. The Adjutant then passed along.

 

Question by the accused- Did not Lieut. McKnight threaten me with arrest before I positively refused to go?

Answer- I think not.

 

 

Question by the accused- Was it not known that I was sick during the march, and unfit for the duty?

Answer- As to that, I could not say, I did not know it, not before the occurrence.

 

Question by the accused- Did he not, when I told him it was not my turn to go, ask me in these words “where was you on last”

Answer- I don’t remember hearing any such question.

 

Question by the accused- Did he not, after being told, say that I would go, or go under arrest?

Answer- I am not certain about that. It seems to me as though, after he first refused to go, there was something like that said, but I can not certain.

 

The prosecution was here closed.

The accused having no testimony to offer requested until tomorrow to prepare is written defense. The court granted his request and at 11.30 A.M. adjourned to meet again at 9 A.M. tomorrow Nov. 4th.

 

 

9 A.M. Beaufort, S.C. Nov. 4th, 1864. The Court met pursuant to adjournment, Present all the members, the Judge Advocate, and the accused. The proceedings of yesterday having been read by the Judge Advocate, the accused, 2d. Lieut. O. A. Davis presented the written address, (appended, and marked “A”) which was read by the Judge Advocate in his defense, the Judge Advocate submitted the case to the Court without remark.

The Court was then cleared for deliberation, and having maturely considered the evidence adduced, finds the accused 2d. Lieut. O. A. Davis Company “E” 102d. Reg. U.S.C. Troops, as follows:

Of the Specification “Guilty” except the word “God”

Of the Charge “Guilty”

And the Court does therefore sentence him 2d. Lieut. O. A. Davis. Company “E” 102d. Reg. U.S.C. Troops to forfeit to the United States, fifty dollars ($50) per month of his monthly pay for three months, and to be reprimanded in a General Order by the District Commander The Court is this lenient, in consideration of the long term

 

 

of service of the accused and the good character which he has heretofore sustained.

Henry L. Chipman

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

President

A.P. Ketchum

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

Judge Advocate

Head Quarters Dist. of Beaufort

Beaufort SoCa

Nov. 12th 1864

The proceedings finding & sentence of The Court Martial in the case of 2d. Lt. O. A. Davis Co. “E” 102d. Regt. U.S.C.T are approved. In carrying out that portion of the sentence decided upon me I must express my unqualified

 

 

disapprobation of the conduct of Lt. Davis. To say nothing of the reckless disregard of the obligations to obedience to lawful orders imposed by his oath of office he openly transgressed the fundamental principle of all military subordination & discipline Lt. Davos should have obeyed the Adjutants order of detail, or procured the Surgeon’s excuse and then appealed for orders to their common superior. I trust the Propriety of the great leniency shown by

 

 

the Court will be vindicated by the future as it seems to be by the previous good conduct of Lt. Davis He is released from arrest and will returned his sword

R Saxton

Brig. Genl.

Comd.

 

The Court adjourned at 11 A.M. to meet again at 9 A.M. tomorrow Nov. 5th

Henry L. Chipman

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

President A.P. Ketchum

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

Judge Advocate

 

 

“A”

I 2d Lieut. O. A. Davis of the 102d U.S.C.T. have the honor to make to the court the following Statement as regards the charges and Specifications brought against me. I acknowledge the justice of the charge and can plead no other way than guilty of the charge as I did refuse to do the duty. But in refusing to go on picket I did not use the words (I will be god damned if I will go on picket) The words I used, were as near as I can recollect these, (I cannot see it I dont go on duty out of my turn. When relieved from picket to join my company on the morning we left Baldwin Fla. for Magnolia I was sick and continued sick during the whole march. On the evening of the 17th of Aug. we marched until quire late and as we were going into camp the adjt. (Liet. McKnight) came up to me and the following conversation took place within a few feet of the witness (Capt. A. E. Lindsay) Lt. McKnight said Davis you will go on picket tonight Said I, How is that I only came off Monday morning its not my turn to go. The Lt. McKnight then asked me when I was on last. I told him last Sunday night. he replied well you will go on tonight I then used these words I can’t see it I don’t go on he then said you will go on or go under arrest a term which I had before heared him make use of to other officers about other duties I then told him that

 

 

He could arrest and be God damned. I did it through passion for I was tired, sick, and hardly able to stand and to be threatened under arrest for not doing what I did not believe to be my duty to do made me angry. I do not wish to make any but truthful statements, I am aware that I did not make the right course. I am guilty of a grave offense, and am willing to abide the consequences whatever they may be. This is the first offense of the kind I have been guilty of during three years service. I have ever endeavored to discharge faithfully all the duties of a soldier in the service of my country. I have never before received so much as a reprimand from my Officers I should not have been guilty of this offense, had I taken thought but being angry I deemed that I had been wronged and through the impulse of the moment  refused to obey the detail

Sirs I have the honor to be.

Very Respectfully yours be

O. A. Davis

2d. Liet. Co. E 102d U.S.C.T.

 

Proceedings of a General Court Martial, convened by virtue of Par. III Special Order No 185 dated.

U.S. Forces District Beaufort.

Head Qrs. Second Separate Brigade

Beaufort S.C. Octo. 24th 1864

Prisoner Tried

2nd Lieut. O. A. Davis

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.

Head Quarters U.S. Forces

District of Beaufort, S.C.

November 12th, 1864

Approved

R Saxton

Brig. Genl.

Comd.