Headquarters 2nd Div 21st A.C. [Army of the Cumberland]
Murfreesboro, Tenn. May 5th, 1863
General Order. No 28
A General Court Martial is hereby appointed to convene within the limits of this Camp on Thursday, May 7th 1863 or as soon thereafter as practical for the trial of such persons as may be brought before it.
Detail for the Court
1. Major Thomas M. McClure 24th Ohio
2. Captain Lewis C. Freeman 36th Indiana
3. Captain C. B. Russell 5th Ohio
(4. skipped)
5. Captain John C. Pepper 84th Illinois
6. Captain Thomas Cox, Jr. 1st Kentucky
7. Captain D. B. McConnell 9th Indiana
8. Captain J. M. Bodine 2nd Kentucky
8. Lieutenant Fred A. McKay 41st Ohio
9. Lieutenant William Webb 90th Ohio
and Captain Steele 41st Ohio as Judge Advocate
By order of Major General John Palmer
J. R. Muklemson ?? [unable to verify his name]
Captain and A AG
Friday May 15th 1863
8 o'clock a.m.
The court p? [or hence] met pursuant to adjournment, Present, all the members.
The court proceeded to the trial of Private George W. Lewis Co. D. 24th Ohio Vols. who being called before the Court
page 2
and having heard the orders appointing the Court read, was asked if he had any objections to any number named in the order to which he replied in the negative.
The Court was then, in his presence, duly sworn by the Judge Advocate and the Judge Advocate, duly sworn by the president of the Court.
The accused private, George W. Lewis Co. D. 24th Ohio Vols was arraigned on the following Charges and Specification
Charge 1st Conduct to the prejudice of good order and military discipline.
Specification In this that he private George W. Lewis Co. D. 24th Ohio Vols did on the 28th day of February 1863 near Murfreesboro Tenn become so drunk as to render him unfit for duty.
Specification 2 In this that he the said George W. Lewis Co. D. 24th Ohio Vols did while drunk on the 28th day of February 1863 near Murfreesboro Tenn without cause or provocation knock down and shamefully beat one, Willie (or Willis), colored man employed as servant in the 24th Reg Ohio Vols.
Charge 2 Disobedience of orders
Specification In this that he the said private George W. Lewis Co. D. 24th Ohio Vols on the 28th of Feb. 1863, near Murfreesboro, Tenn, when ordered by his commanding officer Capt Isaac N. Dryden to be tied, escape (sic) from the guard saying he "would not be tied for a damned ******"
page 3
Charge 3 Threatening Violence
Specification. In this that he private George W. Lewis Co. D. 24th Ohio Vols did after escaping from arrest life up an ax, saying "I will cut the mans brains out who endeavors to tie me"
To which Charge and Specification the accused pleaded as follows:
To the 1st Specification 1st Charge Guilty
To the 2nd Specification 1st Charge Guilty
To the First Charge Guilty
To the Specification 2nd Charge Guilty
To the Second Charge Guilty
To the Specification 3rd Charge Not Guilty
To the 3rd Charge Not Guilty
Sarg't Samuel W. Thomas Co. D. 24th Ohio Vols a witness for the prosecution, being duly sworn says:
Ques [Question] by J. A. [Judge Advocate] Do you know if any disturbance having occurred on the 29th of Feb 1863 in the camp of the 24th Ohio, near Murfreesboro Tenn and if so what?
Ans [Answer] I was ordered by the orderly Sergt. to take two men and arrest private George W. Lewis by order of Capt. Dryden, near Murfreesboro Tenn. on the 29th of March I think. I do not recollect the exact time, it has been so long since. I arrested him and reported to Capt. Dryden, he started out to a tree near the prisoner, he (the Captain) had a rope in his hands he began pulling it around the prisoner when the accused ran off towards the quarters.
page 4
I saw an ax in his hand and heard him say, 'keep away from me' and struck the the ax upon the ground.
Ques by J.A. Did you hear the prisoner make any more remarks at that ?time?
Ans I heard him tell them to keep away from him, which is all I recollect hearing him say.
Capt. G. N. Dryden, 24th Ohio Volunteers a witness for the prosecution, being duly sworn says
The prisoner George Lewis on the 28th of Feb. 1863 became drunk near Murfreesboro Tenn. I ordered him to be tied - he ran away from the guard. He ran towards the front of the Reg [Regiment]. I went up there and found a crowd collected around him. He, the prisoner, had an ax in his hand, he said he "would cut the mans brains out who attempted to tie him" or words to that effect.
Ques by J.A. State the exact words of the prisoner.
Ans "I will cut the mans brains out who endeavors to tie me" or words to that effect.
Ques by Prisoner Did you not hear the boys of the company say "I should not be tied for a ******"?
Ans I do not know that I did.
Ques by Pris. Did you not order me to go to my tent and go to bed?
Ans I think I did and you obeyed.
page 5
The trial here closed.
The judge advocate submitted the case to the Court without remarks.
The Court was then cleared for deliberation and having maturely considered the evidence addressed? find the accused, private George W. Lewis Co. D. 24th ohio Vols as follows.
of the first Specification 1st Charge Guilty
of the 2nd Specification 1st Charge Guilty
of the First Charge Guilty
of the Specification 2nd Charge Guilty
of the 2nd Charge Guilty
of the Specification 3rd Charge Guilty
of the third Charge Guilty
And the Court does therefore sentence him private George W. Lewis Co. D. 24th ohio Vols to forfeit ten dollars per month of his monthly pay for four months and be kept at hard labor for the period of sixty days.
[Signatures]
page 6
Cover page