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 A DRUM-HEAD COURT MARTIAL 
 
 GRAHAH 
 REMINISCENCES OF POINT LOOKOUT 
 
 WALKER 
 
 
 

 A DRUM-HEAD COURT MARTIAL 
 
 By Cap t. H.O.Graham, 7th N.C.Inf . 
 
 REMINISCENCES OP POINT LOOKOUT 
 By Thad. J. Walker 
 
 Blue & Gray 
 Jan, 1894 
 
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 Collection of i^ortf) Caroltmana 
 
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 of the Class of 18S9 
 
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A DRUM-HEAD COURT-MARTIAL. 
 
 Captain H. C. Graham. 
 Late Co. E, 7th N". C. Infantry. 
 
 IN" the spring of 1865, the Confederate forces 
 in Southwestern Virginia, with headquar- 
 ters at "Wytheville, were put in motion, 
 and marched to Abingdon, Virginia, near 
 the Tennessee line, to meet one of the periodical 
 incursions of the Federal forces in that section. 
 The force was about 3,000 strong, con- 
 sisting of two batteries of artillery, about 
 600 cavalry, and the remainder of infantry. 
 As a military division, this portion of the 
 State was known as the Department of 
 Southwestern Virginia, and was under the 
 command of General John Echols. The com- 
 mand had been at Abingdon but a few hours, 
 when orders were received to retrace its march 
 with all speed, and hasten toward Lynchburg. 
 The time was the closing hours of the Con- 
 federacy, but the troops composing this com- 
 mand did not then know that the end was 
 drawing near. There was an undefined impres- 
 sion that momentous events were at hand, but 
 nobody dreamed of surrender. This little army 
 in the mountains of Virginia, isolated from the 
 main body, had its special duties to perform, in 
 guarding the great salt-works at Saltville, and 
 holding the fertile valleys that extended from 
 Jonesboro', Tennessee, to Lynchburg, Virginia. 
 It was in this department that General John H. 
 Morgan, the Kentucky cavalry leader, met his 
 tragic death at Greenville, Tennessee, and the 
 history of the command was dotted with some 
 of the most dramatic incidents of the great 
 struggle. 
 
 As soon as the orders were received to hasten 
 back to Lynchburg, our forces were put in 
 motion ; the cavalry and artillery were ordered 
 to march on the fine macadamized road that 
 leads from Salem to Abingdon , and the infantry 
 were packed on the few cars that could be 
 gathered on the East Tennessee and Virginia 
 railroad. 
 
 It is not the purpose of this article to describe 
 all the dramatic incidents that attended the 
 march of the forces in Southwestern Virginia 
 in their efforts to reach the main body at 
 Appomattox. For present purposes it is suffi- 
 cient to say that after proceeding but a short 
 distance the infantrymen were compelled to 
 leave the cars, on account of railway com- 
 
 munication with Lynchburg being cut in several 
 places, and uniting with the cavalry and 
 artillery, proceeded as a body toward their 
 destination. Telegraphic communication had 
 also been completely destroyed, and nothing- 
 could be learned of the momentous events that 
 were transpiring at Richmond and Petersburg. 
 
 As our march progressed, the excitement and 
 anxiety of the citizens along the route became 
 every hour more manifest ; the strictest disci- 
 pline, however, was maintained with the troops, 
 and, as a rule, the command, composed largely 
 of veterans of many hard-fought battles, be- 
 haved with steadiness and soldierly bearing. 
 It was while on this march that the event I am 
 about to relate occurred. 
 
 During a temporary halt of a few hours, the 
 writer was standing with a group of officers, 
 discussing the probabilities of the campaign, 
 when an orderly rode up and delivered him an 
 order from headquarters, commanding him to 
 act as the judge advocate of a general court- 
 martial, ordered to assemble at once on the 
 field. Under the guidance of the orderly, he 
 proceeded immediately to the spot. When he 
 arrived at the place where the court was 
 assembled, a scene was presented that would 
 have made a striking picture for an artist. 
 Under the shade of a broad spreading oak, 
 which stood alone in a large open field, ten 
 officers, in full uniform, were seated in a circle 
 on the ground ; within the circle stood a drum , 
 with ink and paper placed on the head ; just 
 without the circle, with two soldiers beside him 
 with their muskets, stood the prisoner, a young 
 man about twenty years old, charged with 
 desertion. About twenty yards distant was 
 gathered a group of citizens, among them a 
 middle-aged woman, dressed in black, weeping 
 and apparently in great distress. A few officers 
 and soldiers scattered about on the ground, as 
 spectators, completed the scene. The case was 
 a clear one : the home of the accused was near 
 the line of march, and as he passed his native 
 heath, the temptation to quit his soldier life 
 became too strong, and he left his company 
 without leave ; all the attendant circumstances 
 indicated that he had no intention of returning. 
 His absence was immediately discovered, a 
 
 57 
 
 s0 
 
58 
 
 'BLUE <JND GRAY. 
 
 guard was sent in pursuit, and he was captured 
 on the mountain a few miles from the camp. 
 
 The young soldier was apparently uncon- 
 scious of his extreme peril ; he gazed about him 
 with a wild and earnest look, but it was not so 
 much that of fear, as wonder at the stern court 
 before him, with its attendant formalities. He 
 was brought forward by his guards, and the 
 order convening the court being read, the mem- 
 bers were sworn, and without delay the exami- 
 nation of witnesses commenced. 
 
 The captain of the young man's company was 
 first introduced. He testified to the prisoner 
 quitting his command, without leave, while on 
 the march. The orderly sergeant's testimony 
 was the same ; the two guards sent in pursuit 
 testified to the night of the accused, his capture, 
 and his attempt to conceal himself when they 
 discovered him. This completed the evidence 
 for the government. 
 
 The duties of the judge advocate of a court- 
 martial differ from those of an ordinary prose- 
 cuting officer in a civil court, in that while he 
 represents the government, he likewise repre- 
 sents the prisoner, and it is a pleasant duty he 
 performs in bringing out any evidence that the 
 accused may have to offer in his defence. In 
 other words, it is the duty of a judge advocate 
 simply to bring out all the facts of the case pro 
 and con. In this instance his deepest sympa- 
 thies were enlisted for the unfortunate young 
 man, who had been summoned for swift judg- 
 ment, for he well knew what the stern sentence 
 would be unless some strong defence could be 
 offered. He was about to take the prisoner 
 aside to consult with him as to his defence, 
 when the orderly in attendance approached 
 and informed the judge advocate that a citizen 
 desired to speak with him. The colloquy was 
 a short one, for drum-head courts-martial, when 
 an army is on the march, brook but little delay. 
 The substance of the citizen's communication 
 was, that the young man was not responsible 
 for his act, as he was not of sound mind ; that 
 he had been " foolish," as he expressed it, since 
 he was a child, and that he did not know the 
 extent of the mditary crime he had committed. 
 
 Here, then, was a faint hope. "Who can 
 prove this?" asked the judge advocate. 
 
 " I can testify to facts in the case," replied 
 the citizen, " and if I am given an hour's time I 
 will produce other witnesses who will do the 
 same; but that lady standing there," said he, 
 pointing to the weeping woman, " can give the 
 best testimony." 
 
 '•Who is she?" 
 
 "She is the young man's mother," rejdied 
 the citizen. 
 
 All this was reported to the court, and 
 messengers were quickly despatched to bring in 
 the witnesses. 
 
 The young man's mother was then intro- 
 duced. A more affecting scene was never pre- 
 sented before a court, military or civil, than 
 when this weeping widow gave her testimony. 
 Every member of the court was deeply affected ; 
 tears ran down the furrowed cheeks of grim and 
 grizzled old Colonel H., the president of the 
 court and a veteran of many battles, as he 
 listened to the young soldier's mother. The 
 other witnesses were examined, and testified to 
 peculiar conduct on the part of the accused in 
 his past life, which led them to believe that he 
 was not of sound mind. By the order of the 
 court, the captain of the young man's company 
 and the orderly sergeant were then recalled, 
 and several of his comrades were examined. 
 These testified that while the accused was not 
 particularly bright, his conduct while with the 
 company had indicated an average knowledge 
 of right and wrong. The case was then sub- 
 mitted to the court, after all the spectators had 
 been removed out of hearing. Commencing, as 
 is always the case in a court-martial, with the 
 lowest officer in rank, in this instance a first 
 lieutenant, the opinion of each was asked, and 
 the case was discussed. The tone of argument 
 was the same with every member of the court. 
 
 Colonel H., the president, addressing the 
 judge advocate, and greatly moved, said: " Ah! 
 captain, our sympathies are all deeply excited 
 in this case, we are all moved with the scene we 
 have just passed through, but we must perform 
 our sworn duty. The discipline of this army 
 must be preserved. Release this soldier, and 
 there would be 200 desertions from our ranks 
 before morning. The evil must be stopped 
 right now." The vote was then taken, and it 
 was unanimous that " Private - 
 
 , charged with 
 desertion," should be shot to death with 
 musketry. The court then adjourned ; the 
 record of the testimony, taken on the head of 
 the drum, was sent to headquarters, and in an 
 hour we were on the march again ; but it was a 
 sad march to those who had participated in 
 the dramatic scene of this trial. To the judge 
 advocate the tearful face of the widowed mother, 
 who accompanied her son to the last, was ever 
 present, and he thought of her anguish as she 
 contemplated the fate of her boy that would 
 
REMINISCENCES OF POINT LOOKOUT. 
 
 59 
 
 follow swift on the judgment passed against him 
 by the inexorable law of military rule. The 
 command in its march was now nearing Chris- 
 tiansburg. There had been no delay beyond 
 that absolutely necessary in the short rests re- 
 quired for the refreshment of the troops, and 
 these at long intervals. 
 
 It was within four miles of Christiansburg, Vir- 
 ginia, and about two days after the court-martial 
 mentioned, that the news of the surrender at 
 Appomattox was received by the little Army of 
 Southwestern Virginia while on its march in 
 obedience to orders. Arriving in the town, great 
 confusion and excitement was found prevailing 
 among the citizens, who had also heard the 
 news. Couriers had come by circuitous routes 
 and brought the intelligence. It was soon ap- 
 parent to our commanding general that the end 
 of the great struggle had come. The minds of 
 all were now occupied with the stirring events 
 of the present, and forgetful of the past. A 
 hurried council of war was held to decide what 
 should be done. An appeal was made to the 
 troops to decide whether they would stand by the 
 last of the Confederacy, and cross the mountains 
 to join General Johnston in North Carolina. Two 
 
 or three hundred responded, but the great body 
 of the Army of Southwestern Virginia was here 
 disbanded, with orders to go home and be ready 
 to report again for duty if properly called on by 
 the Confederate authorities. 
 
 Then came the general confusion attendant 
 upon the breaking up, the sad farewells spoken 
 by old comrades, and the disappearance of all 
 discipline which follows the disintegration of a 
 military force. 
 
 The writer happened to meet Major J. Stod- 
 dard Johnson, the adjutant-general at head- 
 quarters. " "What was done, major," he asked, 
 "about the finding of the court-martial that 
 was held on the field day before yesterday ?" 
 
 " The general reviewed the proceedings," said 
 Major Johnson, "disapproved the finding of 
 the court, and the boy is now on his way home 
 with his mother." 
 
 "Thank God for that," said Major C, who 
 overheard the conversation, and who had been 
 a member of the court. ' ' But, captain, ' ' said he, 
 as we walked away, " somehow I think the 
 general had got some news from Lee's army 
 before he set our verdict aside." 
 
 And thus ended the last court-martial held in 
 the Confederate army. 
 
 REMINISCENCES OF POINT LOOKOUT. 
 
 Thad. J. Walker, 2nd Maryland Cavalry. 
 
 /TMOKG the many incidents of prison life 
 / I at Point Lookout, Maryland, during my 
 I ■*■ nine months incarceration there, I can 
 recall some very amusing ones which the 
 "boys" played upon each other. There were 
 about 12,000 Confederates in the prison at 
 the time, from all parts of the South, and the 
 beach fronting on the Chesapeake Bay, where 
 we were allowed to go in limited numbers dur- 
 ing the day, presented quite an animated ap- 
 pearance with the " graybacks" sunning them- 
 selves, some washing their clothing, some bath- 
 ing, some making bricks for the chimneys of 
 little ' ' cracker box' ' prison houses, and others 
 fishing and crabbing. Now there were many 
 there who had never seen a crab ; many who had 
 seen salt water for the first time, and were en- 
 joying, in open-mouthed wonder, the scene of 
 ships plying the bay ; particularly one verdant 
 specimen from away back among the mountain 
 districts of North Carolina, who approached a 
 
 Georgian busily engaged in catching crabs, when 
 the following conversation ensued : says Tarheel : 
 "Mister, what are you 'uns doing thar?" 
 " Catching sweet-bugs," says Georgia. " Sweet- 
 bugs," says Tarheel, ' ' they are the biggest bugs I 
 ever seed. What are you 'uns going to do with 
 'em ? Will they bite ?' ' approaching closer for a 
 better examination. "No!" answers the not 
 very truthful representative from the " Goober " 
 State, catching up the crab in a safe way for 
 himself, for the poor Tarheel's inspection. "We 
 sell them outside the prison to make cologne 
 and sweet-scented extracts. Come and smell 
 this one" — a fine large specimen he had just 
 caught. Unfortunately, Tarheel's curiosity and 
 innocence were so great that he -was induced to 
 do so, when the struggling crab caught him by 
 the nose. It is scarcely necessary to add that a 
 piercing " rebel yell" rent the air, which could 
 be heard far away. Only those who have been 
 bitten by a lively crab, freshly captured, can 
 
GO 
 
 'BLUE *AND GRAY. 
 
 appreciate the poor fellow's sufferings, and his 
 pitiful pleading to the Georgian to make him 
 let go. Finally, becoming frenzied with pain, he 
 yelled out : ' ' Mister ! Mister ! make him let 
 go or I'll knock his brains out!'' Finally the crab 
 loosened his hold, and the poor Tarheel, who had 
 doubtless bravely faced the music on many hard- 
 fought battlefields, hurried from the scene a 
 sadder and wiser man. 
 
 Another incident or joke perpetrated upon a 
 North Carolina sergeant who was himself a 
 practical joker, occurred during the winter of 
 '64 and will be remembered by many of those 
 who were prisoners at that time, as the occur- 
 rence occasioned much excitement as well as 
 amusement. 
 
 Tobacco was a very scarce and valuable article 
 at Point Lookout, and happy was the individual 
 fortunate enough to secure any. I have often 
 seen men following a lucky chewer and waiting 
 for him to finish his chew and beg it for himself. 
 The poor fellows would daily hunt for the 
 " old soldiers," as they termed discarded chews, 
 and consider themselves lucky if they found one 
 — a fact easily verified by any prisoner at the 
 above-named place. 
 
 To retaliate upon Sergeant D — for some joke 
 of his, the following placard (as nearly as I can 
 remember it) was written and posted con- 
 spicuously about the camp : 
 
 Notice, North Carolinians. 
 The Governor of North Carolina having sent me twenty- 
 five boxes of fine chewing tobacco for distribution among 
 
 the troops from his State confined at Point Lookout, Mary- 
 land, all such will call at once at my quarters and obtain 
 their share. 
 
 Sergeant D— , Co. H, 2d Division, 
 Prisoners' Camp. 
 
 The news soon spread like wildfire, and was 
 not confined to Carolinians by any means, and 
 very soon a large crowd, numbering at least 500 
 tobacco-starved graybacks, were clamoring and 
 crowding excitedly about the tent of Sergeant 
 D — , some of whom, in their disappointment, 
 wanted " tobacco or blood." Finally the prison 
 guards arrived on the scene and dispersed the 
 poor disappointed fellows, and soon all was 
 again quiet along the Potomac. 
 
 There are many sad memories connected with 
 prison life and camp life which we gladly forget. 
 Let us remember only those scenes on the bright 
 side of the picture. 
 
 How vividly the old veterans of the Army 
 of the Potomac can recall a ' ' night after the 
 battle" with the Army of Northern Virgi- 
 nia, how tired nature would seek any spot of 
 hard ground, no soft couch, no covering but 
 the star-spangled heavens, and remember how 
 quickly silence came upon the scene, only a stray 
 shot, the quiet tread of the sentry keeping 
 guard ! But all is over now, and the two armies 
 of Grant and Lee are brothers again, fully 
 realizing the happy peace that culminated in the 
 hearts of" Our Chieftains" in the surrender on 
 that evenful day on the historic hills of Appo- 
 mattox. 
 
 COMRADE JOHN. 
 Matthew H. Peters. 
 
 ALL day we two stood side by side, the fury of the foe defied, 
 My Comrade John and I. 
 All night we two lay side by side upon the field our blood had dyed, 
 My Comrade John and I. 
 
 'Twas in the dead of night, as we 
 Were lying wounded, helplessly, 
 
 My Comrade John and I, 
 A voice broke forth in agony, 
 ' Oh, Matt, if I could only see 
 
 My wife before I die !" 
 
 Poor Comrade John, that night he died, 
 The last wish of his heart denied, 
 
 My noble Comrade John ; 
 He fought and fell, and he fought well. 
 Thank God that I survived to tell 
 
 The tale of Comrade John. 
 
 Poor Comrade John, 'twas of his bride 
 He thought, as ou that field he died. 
 
 Alas, poor Comrade John ; 
 And pity for the sweet young bride 
 For whom the brave young soldier sighed- 
 
 The last ere he was gone. 
 
 They buried him upon the hill 
 (Where at my side he stood and fell) 
 
 Beneath an old pine tree ; 
 But his last words yet send their thrill 
 Through misty years from that far hill 
 
 To widowed bride and me. 
 

 
 00032769442 
 
 FOR USE ONLY IN 
 THE NORTH CAROLINA COLLECTION 
 

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