Radford University
Court Martial of Charles Butler
Charles Butler was a Private in Company "A" of the 102nd Regiment of the United States Colored Troops. In the early morning hours of July 3rd, 1864, Private Butler was found supposedly sleeping on his post. In his Court Martial, Butler, was charged with Sleeping on Post, along with Disobedience of Orders, Conduct to the prejudice of good order and Military Discipline, and Disrespect to his Superior Officer. Butler was first accused of falling asleep while sitting in a Sentry Box while on post. Through the testimony of Sergeant Newsom (Nusum) it was shown that Butler was not in the Sentry Box as first accused. He was actually sitting on a stone at his Post. Through the testimony of others involved with the case, including 2nd Lieutenant Caleb Griffith, Butler was not charged with sleeping on Post, but was found guilty of the other three charges due to his behavior following the incident on July 3rd, 1864. Butler was sentenced to two months hard labor at Fort Stevens. It appears that Butler's sentence was actually shortened since he had already been confined for a period of 5 months while awaiting his Court Martial. To view a full transcript of the Court Martial, please click the button below
To view original Court Martial documents in their full size, please click on the image above
Charges and Specifications
Charge First - Sleeping on Post.
Specification - IN this, that Private Charles
Butler Company “A” 102nd U.S.C. Troops having
been duly posted as a Sentinel, was found
asleep on his Post between the hours of 12
M (midnight) and 1 A.M. when visited
by the Corporal of the Guard – This at
Beaufort S.C. on or about the 3rd day of
July 1864
Charge Second - Disobedience of Orders
Specifications First - In this that Private Charles
Butler Company “A” 102nd U.S.C. Troops, having
been ordered by his Superior Officer Captain
C.S. Montague 102nd Regt U.S.C. Troops, not to
sit down while on Post, did seat himself
in a Sentry Box after having been duly
posted as a sentinel and was thus
found when visited by the Corporal
of the Guard. This at Beaufort S.C. on or
about the 3rd day of July 1864
Specification Second - In this that Private
[Charles Butler Company “A” 102d U.S.C Troops
having been ordered by his Superior Officer
Captain C.S. Montague 102nd Regt. U.S.C.T
to call the number of his Post, and the
hour of the night while on Post did
after having been duly posted as a
Sentinel neglect to give such call at
12 M(midnight). This at Beaufort S.C. on or
about the 3rd day of July 1864.
Charge Third - Conduct to the prejudice
of good order and Military Discipline
Specification - In this, that Private
Charles Butler Company “A” 102nd Regt. U.S.C.T.
after having been relieved from his post
by the Corporal of the Guard for neglect
of duty and sleeping on Post did make
use of the following language to other
members of the Guard to wit: _ I think
these non commissioned Officers are putting
on a damned sight of style or words to
to that effect. This at Beaufort S.C.
on or about the 3rd day of July 1864.
Charge Fourth - Disrespect to his Superior
Officer
Specification – In this that Private Charles
Butler Company “A” 102nd Regt. U.S.C. Troops, having
been ordered into Confinement by his Com-
manding Officer Captain C.S. Montague 102nd
Regt. U.S.C.T (said Captain being at the time
in Command of the Guard) with instructions
if he should offer any resistance that he
should be handcuffed did reply to the
said Captain C.S. Montague in a disres-
pectful manner in the following word; to
wit; “I’ll never let any man do that
Captain” or words to that effect, referring
to the putting on of handcuffs – This at
Beaufort S.C. on or about the 3rd day
of July 1864.
​
Second Lieutenant Caleb Griffith Company “F”
102nd U.S.C. Troops, a witness for the prosecution
being duly sworn testified as follows.
(Partial Testimony)
​
"He as, well as all other were instructed
on that day by Captain Montague and
myself to call the hours of the night
after 9 or ten o’clock. I think it was
after ten beginning at Post No. 1 at the
Guard House Beaufort, and continued from
post to post in rotation. No 2 following
No.1 I think that was the custom at
that time. No 2 was about thirty rods from
No.1 No 3 about 25 rods from No. 2 –
No 2 was at General Saxtons quarters. The
Accused was posted, I think, at No 2, I
know I made the rounds and went to
the Post of the Accused about 25 or 30
minutes before the Accused was brought in
by the Corporal, to the Guard House. When
I then saw him the Accused was awake
and doing his duty. He challenged me
when I approached. He was standing up
on the side walk. He was not in the
Sentry Box. It was quite a light, clear
​
night. The moon was not shining. I was
about 3 rods from the Accused when he
challenged me. I was considerably surprised
when I saw the Accused brought in by the
Corporal for sleeping on Post. I thought it
was queer that he could get to sleep so
quick. The wind did not blow at all
that night. It was clam quiet. This was
about 1 or 2 o’clock in the morning of the
2nd July 1864. The Accused did not offer
any resistance either before or after the
matter of handcuffing was raised. There
was no seat that I knew of in the
Sentry Box at Post No.2 that I took any
notice of at that time. I am not aware
that the Accused has any defect in his
hearing. I never heard him complain of
any. At the time the Accused was brought
to the Guard House by the Corporal, Captain
Montague was still in Command of the
Guard."
Sergeant Edward Nusum Company “H” 102nd
U.S.C. Troops a Witness for the prosecution,
being duly sworn, testified as follows. (Partial Testimony)
​
My Company was at Beaufort doing
Guard duty. We went on in the morning
I could not tell you the day. We came
off next morning between 8 and 9 o’clock
The Accused Charles Butler was a member
of the Guard that day. I was at that
time a Corporal. My duty was to post
the relief. The Accused belonged to
my Relief. Captain Montague who was
Officer of the Guard was in Command
of the Guard, and I was Corporal of the
Guard. Captain Montague ordered me to
post the relief. I posted the Accused that
night about 10 o’clock on Post No 2, just
the side of the Magnolia Hotel by
those Flag stones, some Officers stayed there.
I had given orders to the Accused, and so
did Captain Montague that day, not to sit
down on Post. I went up to the post
of the Accused Post No 2. I cannot tell the
exact time, it was after I put him on
about three quarters of an hour or so. At
that time the Accused was standing up
doing his duty. He challenged me. I
did not visit him gain till the call
(repeating the hour of the night) twelve
o’clock was made. Captain Montague sent
me then. It was after the Sentinel at
Post No 1 had called the hour of the
night, twelve o’clock. He repeated it
three distinct times, but No 2 did not call
at all. When I came up to Post No 2
nobody challenged me. I saw the
Accused sitting on a stone at his Post.
It was not in the Sentry Box. The Sentry
Box was right opposite to it. I found the
Accused with his musket forward between his legs.
and his head leaning forward. Nobody
was with and except the Accused. I spoke
to him twice before he answered me, asking
him why he did not repeat the hour
of the night. He kind a hemmed and
harred around, but did not get up yet,
and said he thought some one was
calling for the Corporal of the Guard.
I told him he mus’nt go to sleep on his
Post. He said he wasn’t sleeping He kind
a’ laughed. He got up from the stone and
I left him and reported him to Captain
Montague who ordered me to take another
man, and to go and relieve him. When
I came back to relive him he was doing
his duty. He did not give any excuse
for sitting down as he was. He didn’t
say anything at all. When I came up
to the accused, and found him, as I
thought asleep I did not shake him or
touch him. I only called to him. At that
time I could not see his face. He had
his head down.
The Findings of the Court
The Court was then cleared for deliberat-
tion, and having maturely considered the
evidence adduced, find the Accused Private
Charles Butler Company “A” 102nd Regiment
U.S.C. Troops as follows
Of the First Specification of First Charge - "Not Guilty"
​
Of the First Charge - “Not Guilty”
Of the First Specification of Second Charge - “Guilty”except the word “in a Sentry Box”
Of the Second Specification of Second Charge - “Guilty”
Of the Second Charge - “Guilty"
Of the Specification of Third Charge
“Guilty”
Of the Third Charge - “Guilty”
Of the Specifications of Fourth Charge
“Guilty”
Of the Fourth Charge - “Guilty”
“B”
Statement of the prisoner Charles Butler
​
​
The only thing I was guilty of was sitting
down on post. I have been in jail for six
months under this arrest, without getting
any pay. My mother has six children and
no one to take care of them but myself
I have not drawn any clothes since my arrest and my mo-
ther wrote me that if I did not send her
some money, she could not pay her taxes
and would lose her house. I was one of
the first men in the Regiment. Only eight
belonged to when I joined.
Charles (His mark) Butler
Witness – G.F. Eaton
2nd Lieut Co “K” 127th N.Y. Vols
