Executions Sept 5 '63 at Orange Court House?

Hello All,

I'm continuing my slow-speed research on ancestor George Washington Ward, and have reason to believe he was present at the executions of ANV deserters near Orange Court House (Va.) on Sept. 5 1863.

EncyclopediaVirginia has this good entry on what happened:

http://www.encyclopediavirginia.org/Military_Executions_During_the_Civil_War

Does anybody have additional info at hand related to these executions?

Are the names of the men, and units they were attached to, readily available?

Was this a significant event in the Va. vs N.C. feud over the quality of CSA soldiering?

I'm just getting started in this field of amateur Civil War research, so I'll appreciate any comments and advice from the good folks at CivilWarTalk.

Best,
Bruce Vail
Baltimore, Maryland

You may be able to identify the personnel by reviewing a 3rd North Carolina roster, or the Compiled Service Records of that regiment. Surgeon Thomas Fanning Wood had this to say about the incident: (https://library.uncw.edu/web/collections/manuscript/TFWdiary.html)

"The failure of the Gettysburg Campaign had set up a cry in N.C. for peace, in some of the middle and western counties, and W.W. Holden, an old politician and a rank secessionist, who after signing the secession resolution in the General Assembly, waved his pen over his head saying that he would hand it down to his children as their proudest legacy- also that he "pledged the last man and the last dollar" in the cause - this man began to write union articles for his paper. This was distributed in our camp secretly. A dissatisfaction ensued which cost some brave men their lives. Ten of our men who had been noted for their courage, determined to return home with their guns and equipment. When it was discovered, a party of soldiers, also North Carolinians, were sent to interrupt them and arrest them. They did so near Ashland, I believe. A fight ensued, resulting in the killing of Lt. Mallett of Fayetteville, commanding the party. Seven of the men were captured and returned to the Regiment. Three escaped. I have always rejoiced that I was absent at the time on a leave of absence when the court martial assembled, and the condemned to be shot. Dr. William F. Stewart, who had by this time succeeded Dr. Washington, witnessed the execution, which would have devolved on me had I been present. The seven men were tied down to stakes and shot. Of the three who escaped, one died of small-pox in "Castle Thunder" a military prison in Richmond, one was pardoned by the President and one was never captured. His name is Horrell and after the close of the war was rewarded for his conduct by making him deputy Sheriff of New Hanover County. This whole affair was a very sad thing for us all, but the remedy seemed to be necessary to stop desertions. After this it became necessary to scrutinize all the mail coming to camp. It stopped desertion for a long time, and nothing disagreeable happened."

Thanks, Tom.

I've been reading Wood's memoir and it is the section you cited that piqued my interest. It's implied -- but never stated -- that the ten deserters were from the 3rd NC. If so, it seems likely they were among 400 conscripts who had been assigned to the 3rd NC to replenish the heavy losses at Antietam and other battles.

From Richmond Daily Dispatch Sept. 8, 1863

Military Execution
--On Saturday afternoon last the ten men belonging to Company H, 3d N. C. regiment, charged with desertion and the murder of Adjutant Mallett, of Raleigh, N. C., explained their offences in the presence of Gen. Edward Johnson's command, Army of the Potomac. The secure is represented to have been one of great solemnity, and impressive and sorrowful in the highest degree. The detail to carry out the sentence of the Court Martial condemning them to be shot was selected from the different companies of the regiment to which they were attached, and when the command was given to fire, a volley was poured in upon the unhappy men. At the first fire five of them fell dead, but there being indications of life in the others, a second fire was ordered, which terminated the existence of the wretched creatures who had so shamefully abandoned the standards of their country and imbrued their hands in the blood of a gallant officer.

from Richmond Daily Dispatch Sept. 4

Sentenced to be shot.
--The decision of the military Court-Martial in the case of the prisoners arrested for the murder of Adjutant Richard Mallett, from Raleigh, N. C., near Scottsville, Va., a few days since, was made known yesterday. Their names are:

• Francis Bunn, Co. H. 13th N. C. reg't.
• James Ellis, Co. H. 13th N. C. reg't.
• W. H. Ketty, Co. H. 13th N. C. reg't.
• R. D. Clark, Co. H. 13th N. C. reg't.
• Jno R. Eledboe, Co. H. 13th N. C. reg't.
• John L. Rajner, Co. H. 13th N. C. reg't.
• John Fulch, Co. H. 13th N. C. reg't.
• Henry Pricot, Co. H. 13th N. C. reg't.
• B. Bunn, Co. H. 13th N. C. reg't.
• Dorsey Bunn, Co. H. 13th N. C. reg't.

These men were deserters, from the C. S. service, and Adjutant Mullott and guard had been sent to arrest them and, having discovered them, were about making their arrest, when they turned and fired, killing the Adjutant in his tracts. The guard immediately returned the fire, severely wounding one of them, (Henson Fulch,) whose trial has not yet taken place. The verdict of the Court in the case of these murderers sentences them to be hung on to-morrow (Saturday) in the presence of Gen. Edward Johnston's command, Ewell's division, Army of Northern Virginia. There is no doubt they will expiate their crime at the time appointed.

Let their terrible doom be an admonition to all who have ever thought of committing the damnable act of traitor to their country, and teach them that loyalty and devotion to the cause in is the only course which is honorable and right to pursue.


(Technically speaking, I guess these men were executed for the crime of murder, not desertion.)

John Futch (vice Fulch) served as a private in Company K, 3rd North Carolina. He was with his brother Charles at Gettysburg. During the assault on Culp's Hill on the evening of July 2, the brothers were lying down loading and firing when Charles was struck on the top of his head by a minie ball - the 149th New York regiment was in their front at the time. The ball did not penetrate the skull and Charles remained conscious, but he was unable to speak. John carried his brother back across Rock Creek to a field hospital, and remained with him until he died, around 2 p.m. on July 3, and then buried him. Grief stricken over the loss of his brother, John was intensely homesick and also concerned about his wife's financial problems. In a letter to his wife from Orange Court House on August 6, 1863, Futch wrote: "You can't imagine how much I want to see you. It seems I would give everything I possibly [could] to be with you, if only for a short while." This father of two children, a devoted husband, son and brother, who had faithfully served two years in the ranks, was labeled a vile traitor and executed. What a sad and tragic fate.

(Futch's letters can be found online in North Carolina Digital Collections, State Library of North Carolina. See also Valgene Dunham's Allegany to Appomattox, The Life and Letters of Private William Whitlock, of the 188th New York Volunteers, p. 151.)

Tom Elmore said:

John Futch (vice Fulch) served as a private in Company K, 3rd North Carolina. He was with his brother Charles at Gettysburg. During the assault on Culp's Hill on the evening of July 2, the brothers were lying down loading and firing when Charles was struck on the top of his head by a minie ball - the 149th New York regiment was in their front at the time. The ball did not penetrate the skull and Charles remained conscious, but he was unable to speak. John carried his brother back across Rock Creek to a field hospital, and remained with him until he died, around 2 p.m. on July 3, and then buried him. Grief stricken over the loss of his brother, John was intensely homesick and also concerned about his wife's financial problems. In a letter to his wife from Orange Court House on August 6, 1863, Futch wrote: "You can't imagine how much I want to see you. It seems I would give everything I possibly [could] to be with you, if only for a short while." This father of two children, a devoted husband, son and brother, who had faithfully served two years in the ranks, was labeled a vile traitor and executed. What a sad and tragic fate.

(Futch's letters can be found online in North Carolina Digital Collections, State Library of North Carolina. See also Valgene Dunham's Allegany to Appomattox, The Life and Letters of Private William Whitlock, of the 188th New York Volunteers, p. 151.)

Click to expand...

This story is just heartbreaking...

Aldo S. Perry's Civil War Courts-Martial of North Carolina Troops has the complete story (and correct name spellings) on all of these men, including Hanson M. Futch of Company K, a cousin of John Futch. Hanson's execution was stayed to review potential mitigating aspects of his case, but before they could resolved by President Davis, smallpox ended his life at Castle Thunder prison on December 17, 1863.

I'll definitely be reading Perry's book. I admit to a rather morbid interest in this kind of thing.

Thanks again, Tom!