91st PA: Jesse Wharton's shooting
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The shooting of Jesse Wharton

Index


This is my best current attempt to put together the pieces of information I have. Many of the claims are unproven; check the notes to see how much evidence I have!

Wharton's early life and family

Jesse Barnes Wharton(1a) was born two miles northeast of Clear Spring, Washington County, Maryland, in 1835, to John Overton Wharton and Elizabeth Ann Armistead Thompson Mason.(1b). According to the 1850 census, John was born in Tennessee, and Elizabeth was born in Washington DC, but according to the 1860 census, he was born in Bavaria and she was born in Maryland. They were married on 9 April 1829, in Washington County, Maryland.(1c) They had six children:(1d)

In 1850 the family was living in Hagerstown, Washington County, Maryland. Jesse was not living with them; instead, he was a student in Washington County, Maryland.(2a)

Jesse was a classmate of John Wilkes Booth, at St Timothy's Academy, in Catonsville, and visited Booth's home.(2b) He took part in a student "rebellion" at St Timothy's in 1853, when the students were all punished because a few boys killed chickens, allowed them to spoil, and paraded them around the school, leaving them at the housekeeper's window. Students camped in Reed's Woods, with guns from the school armory, for several days. Wharton's father was one of the people sent to talk to the boys, and Jessie Wharton replied to him.(19)

Elizabeth (Jesse's mother) died on 30 January 1857.(3c)

By 1860 the family had moved to Prince George County, because John Wharton was employed at the Maryland Agricultural College, which eventually became the University of Maryland at College Park--he was one of the founders (p.137), the first employee (the registrar (p.141)), and a faculty member (p.163).(3a) Only Elizabeth, Sarah, and William were still living with their father.(3b)

Wharton's army service

He was appointed Second Lieutenant, by general order number 10, War Department, on 19 July 1855. (4i)

Jesse Wharton joined the United States Army on 30 June 1855, as a second lieutenant in the 7th infantry.(4a) is primarily based.(4b)

He was assigned to company H, 7th Infantry, by regimental order number 27, 1 August 1855. (4i)

In September 1855, he was present at Fort Arbuckle, Chickasaw Nation, Indian Territory, but was ill. The regiment was at Fort Smith, Arkansas. (4j)

In October 1855, he was present at Fort Arbuckle, Chickasaw Nation, Indian Territory. (4l)

Starting on 7 November 1855, he was in command of company H, which was at Fort Arbuckle, Chickasaw Nation, Indian Territory. (4m)

On 17 December 1855, he left Fort Arbuckle, and went to Fort Gibson, where he underwent an examination by a Regimental Board of Officers. (4n)

On 15 January 1856, he left Fort Gibson. (4p)

On 31 January 1856, he returned to Fort Arbuckle from Fort Gibson. (4o)

In February 1856, he was present at Fort Arbuckle. (4q)

On 6 March 1856, Wharton relieved Captain Hayman in command of company C. (4r)

He was present at Fort Arbuckle in April 1856, and was still commanding company C. (4s)

On 20 April 1856, he was relieved in command of company C by Lieutenant Hancock. (4t)

On 1 May 1856, he relieved Captain Simmons in command of company H, at Fort Arbuckle, Chickasaw Nation, Indian Territory. (4t)

From June to November 1856, he was present, and commanding company H, in Fort Arbuckle. (4u)

On 21 October 1856, he married Susan Whiting ("Sue"). She was the daughter of Daniel Powers Whiting, of the US Army, and Indiana Sandford. (He was then Captain of company K, and Brevet Major.) She was born on 12 July 1836, in Missouri. They were married by Reverend Burke, Fort Washita's chaplain. Sue's sister Isabella ("Belle") and Reverend Burke's daughter were her bridesmaids.(5c)

On 30 November 1856, he was relieved in command of company H by Captain Simmons. (4v)

In December 1856, he was present, in Fort Arbuckle. (4w)

In January 1857, he was present, in Fort Arbuckle, and was the Post Adjutant. (One report claims he was on leave from Fort Washita at Fort Arbuckle beginning 28 January 1857.) (4x)

From February to June 1857, he was present, in Fort Arbuckle, and was the Post Adjutant. On 11 March 1857, he and his wife Sue went to visit her father, at Fort Washita (which he was commanding). Sue stayed until the 21st, when Wharton returned for her. (Her father sent the ambulance for them, and sent them back by the ambulance, which returned on the 25th.) (4y)

On 27 July 1857, he was supposed to leave Fort Arbuckle, for Fort Smith, Arkansas. However, he was appointed to a General Court Martial on 25 August, and remained. On 23 August 1857, his wife Sue (apparently from Fort Smith) and her sister Belle (from Fort Arbuckle) arrived at Fort Washita to visit their father. On 4 September 1857, he left to join his company at Fort Smith, Arkansas. (4z)

On 2 December 1857, he was ordered transferred from company H (at Fort Smith) to company K (at Fort Washita, Choctaw Nation, Indian Territory). (His father-in-law says that 'Wharton had obtained a transfer with my sub, Hancock'.) He was serving with his father-in-law. He and his wife Sue arrived on the 14th, with her sister Mary. They lived with Sue's father. In December 1857, he was present, sick, at Fort Washita. (4aa)

On 28 January 1858, he went on leave, to Fort Arbuckle. (4ab)

In February 1858, he was present, at Fort Washita, and was the Acting Assistant Quartermaster, Acting Assistant Commissary of Subsistence, post Adjutant, post Treasurer, and Recruiting Officer. On 2 February 1858, the 7th Infantry was ordered to move to Utah. On 17 February, they left Washita, with Wharton's wife Sue and the other children in the ambulance, and Wharton responsible for them. (4ac)

In March 1858, he had joined Jefferson Barracks, Missouri (having travelled by steamboat from Fort Smith). Sue and Mary went to St Louis, and stayed at Barnum's hotel in St Louis. On 31 March 1858, his wife Sue and her sister Mary left St Louis, with Jesse Wharton's father. Mary went to school in Beverly, New Jersey, and then in Philadelphia. (4ad)

On 22 May 1858, he (and his father-in-law, and his brother-in-law Thomas B Edelin, husband of Sue's sister Isabella) left the Jefferson Barracks for Fort Leavenworth. They arrived on 28 May 1858, ad then left (as part of the 5th column) on 5 June 1868, for a 1,200-mile trip. (4ada)

Wharton was part of the second expedition to Utah, in 1858, serving as Second Lieutenant in company K of the 7th Infantry. The Regimental Returns for June through November record him as "In Arrest."(4b) On 28 June 1858, he was drunk while on duty with his company at dress parade. On 20 July 1858, near Fort Kearney, Nebraska Territory, he was again drunk while on duty, this time as officer of the day.(4d)

In August 1858, he was present at the Camp of the Fifth Column, Utah Forces. (4ae)

On 19 September 1858, while the regiment was moving from Fort Bridger to Camp Floyd, Utah Territory (changing from White Clay Creek to Weber River), Wharton and his company were assigned to Pioneer duty. (The column was not following the existing road, because the columns and trains that preceded them had eaten all the food, leaving no grass.) Major Whiting (his father-in-law) ordered him to remain with the leading detachment, provided with axes, to supervise their cutting, because the men had not done it properly the day before since an officer was absent. They cut through willow trees, and then were digging on a hill, making the road the Fifth Column of the Utah Forces was to travel on. Wharton then rode up to Lieutenant Plummer, who had general control of the working parties. Plummer apparently said something Wharton took as permission to go ahead. He went to the next hill, which was the last hill before Weber River, apparently intending to determine where the road should cross the hill. While he was under a tree talking with two men (including Wagonmaster Rawlings), Major Whiting saw him, and sent Lieutenant Chapin to order him to rejoin the working party, and to stay with it.(4e)

Several hours later, Lieutenant Chapin found Wharton drunk and lying near the road. Major Whiting also noticed that he was not with the working party. As Wharton was catching up to Major Whiting, Whuiting sent Lieutenant Chapin to order him to rejoin his Battalion and to report to his commander, Captain McLaws, that he was in close arrest. When Chapin had done that, Wharton rode off, and reported to Captain McLaws. He apparently thought that the Battalion was already camped, but in fact they were only resting, and marched several miles further on before they camped. He laid down under a tree, and when he realized that the Battalion had moved on, he went to rejoin them. However, Captain McLaws had noticed that he was absent from the column, and when the tents had been pitched found that Wharton was not in his tent. He therefore reported Wharton for breach of arrest.(4e)

On 24 September 1858, he joined Camp Floyd, with the Fifth Column, Utah Forces. (4ag)

From September through November 1858, he was in arrest, at Camp Floyd, Utah Territory. (4af)

Wharton was tried on 9-13 October 1858. He was tried on these three charges:(4f)

CHARGE I: Drunkenness on duty.

Specification 1. "In this: That he, Second Lieut. Jesse B. Wharton, of the Seventh Regiment of Infantry, was drunk when on duty with his company at dress parade. This at the camp of part of the Fifth Column, Utah forces, on Big Blue River, Kans., on or about June 28, 1858."

Specification 2. "In this: That he, Second Lieut. Jesse B. Wharton, of the Seventh Regiment of Infantry, was drunk when on duty as officer of the day at the camp of the Fifth Column, Utah forces, near Fort Kearney, Nebr., on or about July 20, 1858."

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

Specification. "In this: That Second Lieut. Jesse B. Wharton, Seventh Infantry, United States Army, on or about the 19th September, 1858, while on duty with his company as pioneers, being part of the Fifth Column, Utah forces, working the new road between Fort Bridger and Camp Floyd, Utah, did absent himself from his party after having been specially ordered to remain with it by Bvt. Maj. D. P. Whiting, Seventh Infantry, commanding the column, and was found in a state of intoxication by the side of the road, after the passage of the troops. This near Weber River, Utah."

CHARGE III: Breach of arrest.

Specification. "In this: That Second Lieut. Jesse B. Wharton, Seventh Infantry, United States Army, on or about the 19th September, 1858, near Weber River, Utah, after having been placed in arrest and ordered to join the battalion to which he belonged by his commanding officer, Brevet Major Whiting, Seventh Infantry, commanding Fifth Column, Utah forces, did, after complying with said order, absent himself from his battalion until after it had been for some hours encamped."

He pled guilty to the first charge (and its specifications), and innocent to the others. His defence focused on two claims. First, he claimed that Lieutenant Plummer had ordered him to go ahead, leaving the working party. Second, he claimed that he had wrongly (but reasonably) assumed that the regiment was camped where he reported to Captain McLaws.(4e)

As my summary above presupposes, Lieutenant Plummer did admit that he had said something Wharton could reasonably have taken as permission to go ahead. However, Lieutenant Plummer claimed he did not know that Major Whiting had ordered Lieutenant Wharton to remain with the working party, and did not admit he had ordered Wharton to go ahead. I do not see how the Lieutenant's permission to go ahead could trump the Major's order to remain with the working party. Wharton also seems not to have explained why he was separated from the working party after that, and none of the witnesses contradicted Lieutenant Chapin's claim that he was lying beside the road, drunk. As far as I can see, therefore, the evidence clearly established that he was guilty of the Second Charge and Specification.

Wharton's explanation of his confusion about the location of the camp is more plausible. Although Lieutenant Chapin insisted that no one could have understood him as suggesting that the camp was where the Battalion was then resting, I can understand someone who was upset at being arrested misunderstanding him in the way Wharton suggests, particularly if Wharton was (or was recovering from being) drunk. I might have found him innocent of the Third Charge and Specification, though Lieutenant Chapin's testimony would support finding him guilty.

The court found him guilty of all charges and specifications, and sentenced him to be cashiered. However, the Secretary of War ordered that the sentence be "mitigated to suspension from rank and pay for twelve months", because of Wharton's youth "and other circumstances in his favor, which have been brought to the attention of the Department". (Could those circumstances be political?) (4f)

In December 1858, he was at Camp Floyd, Utah Territory, in arrest, awaiting sentence. (4ah)

Starting on 24 January 1859 (when the order was received), he was at Camp Floyd, Utah Territory, suspended for twelve months, by sentence of General Court Martial. His father-in-law claims he had 'intemperate habits', but even when sober showed himself uninterested in (and incapable of) reflection, unable to resist temptation, and unwilling to reform. Whiting claims, '[h]e never wrote to Sue or seemed to have any consideration for her, his father, family, or myself'. He hoped Sue would never see Wharton again. (4ai)

Wharton's troubles did not end then. Curt Allen has found a letter to Wharton from the commander dated 16 February 1859, which reminds him that he was subject to military orders even while he was suspended, and orders him to remain in his regimental area. Further, a special order dated 8 July 1859 extended the time for Wharton's court-martial, which had been scheduled for 11 April 1859.(4c)

During that period, he was involved in a brawl with Second Lieutenant Charles J Lynde, which took place between midnight and 2 AM on 4 July 1859, in the Mormon town of Fairfield, Utah Territory. Lynde and Wharton had quarrelled about ten days earlier, with Wharton accusing Lynde of insulting him at a dinner earlier. They apparently had resolved this dispute. But when Lynde passed Wharton early in the morning of the 4th, Mr Osbourne, a civilian with Lynde, responded to Wharton by saying "We don't talk to puppies". Wharton took offense, and struck Osbourne, knocking him over. Thinking that Wharton was advancing to attack him also, Lynde struck Wharton, and called him "a damned son of a bitch". Wharton replied, calling Lynde 'a son of a bitch', but did not attack him. Several Provost Sergeants broke up the fight, told Lynde and Wharton that they were not allowed to fight in the streets, and they separated. Lynde and Osbourne went to a bowling alley and saloon, and Wharton entered not long after. Lynde apparently thought Wharton had followed them, and intended to attack him. As the Provost Sergeants entered the saloon, Lynde struck Wharton. The Provost Sergeants again separated them, and Wharton eventually sat down, but Lynde attempted to continue the fight. Sergeant Boyle left to find the Field Officer of the Day, Captain Henry Heth, who eventually ordered them both to go to their quarters immediately. Wharton did; Lynde followed after retrieving a parcel.(4g)

A General Court Martial was established to try Lynde and Wharton. Lynde was accused of "conduct unbecoming an officer and a gentleman", in that he attacked Wharton and tried to blame Wharton for the fight, and of "disobedience of orders", since he did not immediately go to his quarters. He was found guilty of conduct unbecoming an officer and a gentleman because of the attack, but was found innocent of blaming Wharton and of disobeying orders. He was sentenced to be dismissed. Although six members of the Court requested clemency, President Buchanan approved the original sentence.(4g)

On 20 to 21 July 1859, Wharton was again tried by court martial, at Camp Floyd, Utah, for the initial altercation with Lynde and Osbourne. He was charged with conduct unbecoming officer and a gentleman, and with conduct to the prejudice of good order and military discipline. He objected to the trial, claiming that since he was suspended by order of the President, and was not living in Camp, he was not under the orders of the Post Commander, and could be tried only by order of the President. (He also said that he 'had been for some time looking out for an opportunity to leave the Territory', and objected not because he was afraid of the trial, but because of the delay it would cause in his departure.) Unsurprisingly, the Court rejected that claim. But they were more sympathetic in the end, finding him not guilty of all charges and specifications. (4h)

Wharton did not resign immediately, and also did not change his habits. On 9 August 1859, Lieutenant Colonel C F Smith read new charges to Wharton, and asked if he wanted to stand trial by a general court martial. He was charged with conduct unbecoming an officer and a gentleman (see Article 83 of the Articles of War). In particular, after he was released from arrest, on 22 July 1859, he was generally publicly drunk and filthy, spent time with whatever soldiers were willing to drink with him, and slept on bars' benches and tables and in the streets and alleys.(4ak) According to a report from 1st Lieutenant Gordon Chapin, acting adjutant of the 7th infantry, Wharton was drunk while on parade, and begged for food in Fairfield, and from Company E's company kitchen.(4al) Since Wharton chose to resign, Smith did not arrest him.(4ak)

Wharton's resignation is dated 9 August 1859, and took effect on 31 August 1859. Lieutenant Colonel B Morrison and Brevet Brigadier General A S Johnston approved his resignation.(4ak) He owed the commissary department $1,390.13 (for subsistence), the paymaster general $100.50 (for double payment), and according to the second auditor owed $123.23 and according to the third auditor was charged with $1372.52.(4am) I do not know whether those debts were repaid. But the War Department accepted his resignation, dated 20 September 1859. (On 7 September 1859, Charles T Lynde was dismissed from the Army.) (4aj) (4c)

After the army

He later claims that he next spent two years in the Nevada Territory, mining.(5a)

In September 1859, his wife Sue and her sister Mary were living with their aunt in Philadelphia. Their father arrived in Philadelphia on 17 September, and the three of them went to Jefferson Barracks, which they reached on 3 October 1859. (4an)

On 27 June 1860, his wife was living in Carondelet, St Louis, Missouri, with her father, apparently under the name 'Susan Whiting'. This at least suggests they were estranged. (5c)

On 7 May 1861, Sue and father (and others) went from Jefferson Barracks to the Planter's House, St Louis. She and her brother George then went to visit their aunt in Philadelphia. (4ao)

Wharton apparently rejoined his wife Sue in fall 1860, but left soon after. His father-in-law describes him as 'still irresponsible and carefree'. (5d)

Wharton claimed he returned home toward the end of October 1861, after his mother died (in 1857!?), to help settle her estate, and to raise money to return in the spring to Nevada.(5b)

Wharton's arrest

In December 1861, while Stonewall Jackson was training troops for what would be the famous Valley Campaign of 1862, he decided to damage the Chesapeake and Ohio Canal, which was the main link between Washington and the west, since the Baltimore and Ohio Railroad had been destroyed at Harper's Ferry. Jackson was hoping to end shipments of coal from Kentucky to Washington DC. He led a small detachment to a feeder dam (Dam 5), where they spent several days (17-21 December) working on breaking it. Unfortunately for them, the Canal Company had recently replaced the brush and rubble Dam 5 with a masonry dam, because low water had repeatedly suspended traffic. The Confederates finally succeeded in breaching the dam, but it was repaired almost immediately.(6b)

Meanwhile, Wharton was living at Clear Spring, Maryland.(6d) He was arrested by Colonel Leonard, on 22 December 1861, near the Four Locks, about two miles from dam number 5, in Maryland, as an armed spy, and was charged with taking up arms and aiding the rebels.(6a) After his arrest, Wharton was taken to Williamsport, and then to Frederick (on 30 December), and finally arrived in Washington DC on 31 December, where he was held at the Old Capitol Prison.(6c) Explanations of his arrest diverge, unsurprisingly.

According to the Provost Marshal of Williamsport, Maryland, Wharton belonged to a group formed to aid the Confederates.(7a) The Confederates attacked Dam 5 on the day and night of his arrest. Wharton was arrested trying to bribe a picket to let him cross the Potomac River for twenty dollars. He and his group intended to attempt to convince the Confederates to cross the Potomac River, and to join them in rebellion if they did. After he was arrested, he destroyed a piece of paper, which may have been intended for the Confederates.(7b) (A contemporary newspaper account claims he offered the guard $25 to carry a dispatch across.(7c))

Wharton, on the other hand, claimed he overheard some soldiers talking, while he was near the Two Locks. They said that Captain Russell's Company of Home Guards, from Washington County, Maryland, had crossed into Virginia at Hancock. Wharton knew one member of the company, Lieutenant Nesbitt, very well. He therefore jokingly offered twenty dollars to send a message to Nesbitt. Wharton denied belonging to any group to aid the Confederates, ever offering aid to anyone rebelling against the US, attempting to cross the river, giving information to anyone about the movement of US troops, or destroying a paper after his arrest. He did, however, refuse to answer, when asked whether he was "in the habit of visiting and holding communication with those who are known to be secessionists".(8a)

Old Capitol Prison

The building known as the Old Capitol was built about 1800 as a tavern or boarding house, which failed shortly before the war of 1812. After the British burned the capitol, Congress leased this building (on 8 December 1815), and met in it until the capitol was rebuilt in 1825. It was then a boarding house, a school, etc., until the Civil War.(9a) Because the Old Capitol Prison was not separated from the city, and citizens had access to the surrounding streets, which windows in the prison rooms overlooked, messages could conceivably be passed between prisoners and passers-by. The guards, therefore, questioned and sometimes arrested passers-by who acknowledged the prisoners in any way (for example, by bowing or waving), and prisoners were not allowed to react to passers-by:

Room No. 16 faces the east front of the Capitol, and by standing or sitting back a short distance from the window we can look out and see the passers-by. No persons, however, are allowed to show any signs of recognition. If a person is seen loitering in passing the prison, or walking at a pace not considered satisfactory by the guard, he soon receives a peremptory command to "pass on," or, "Hurry up, there," and if this warning is not heeded the offending person, whether male or female, is arrested and detained. [Williamson, pp.26-27](9b)

Doster records one amusing incident. One day, he released D M Dietz, who had been arrested for waving her handkerchief to an acquaintance as she passed the Old Capitol. Later that day, he learned that she was a southern courier, whom they had been attempting to arrest when she picked up her mail around 13th Street and New York Avenue! She escaped then, but was arrested in Washington later. (pp.95-97)

The shooting

According to a newspaper report, on 19 April 1862, the 91st and other troops assigned to defend Washington were involved in a surprise exercise to test their readiness. The alarm was sounded when the "troops were all closely tented", on a stormy night. The men did not realize this was an exercise, but were 'expecting a fight for sure', and 'were greatly disappointed' to find that 'the Rebels were' not actually 'marching on to Washington'. The 91st, which was encamped behind Capitol Hill, arrived at the Long Bridge (about 1.5 miles away) in thirty minutes. Perhaps the reporter was putting a positive spin on the exercise, since an inspection report gives a less positive picture. It claims that the Secretary of War gave the order, which General Wadsworth wasn't able to convince him to revoke. General Wadsworth issued his orders at 4 PM, and the forces (including the 91st) were assembled by 9.30 PM. The 91st arrived at 7.30, with 560 men, armed with muskets, and with sufficient ammunition (unlike some of the other troops).(16)

In any event, according to one newspaper report, the prisoners in the Old Capitol Prison believed that the Confederate Army was on the other side of the Potomac River, and that they would soon be rescued. This story claims that "they became very insolent to the guards, and could scarcely be kept in subjection", with one female prisoner being "far worse than her male companions".(17)

One rule intended to stop communication prohibited prisoners from standing near the windows (or perhaps from putting their body or head out of the window). About 11 AM on 20 April 1862, while company C of the 91st Pennsylvania Volunteer Infantry was guarding Old Capitol Prison, Jesse Wharton apparently was violating the rule against standing near the windows, and uttering a tirade against the government.(7) Ambrose Baker, who was the guard(14), warned him to stop, and he and Wharton had "a wordy altercation".(13) After the warning, Wharton resumed the tirade.(9) Baker called the corporal of the guard, who ordered him to shoot Wharton if Wharton again violated the rule.(15) At some point (either before or after initially withdrawing from the window), Wharton bared his breast and said something about the sentry's being too cowardly to shoot.(18) Wharton, apparently not believing that he would be shot, again broke the rule, and Baker shot him (either in the arm and chest or in the head). The ball passed through him, and lodged in the ceiling.(23) A few minutes earlier, the corporal of the guard ordered Baker to shoot Wharton.(22)

Wharton's friend Mansfield T Walworth wrote at least three letters to newspapers attempting to defend Wharton's actions. He claimed that Wharton obeyed the order not to lean out of the window, that Wharton cursed the sentry only in response to the sentry's 'use of opprobrious epithets and cursing him'. He did admit that Wharton called Baker a coward, and dared him to shoot.(21)

On the other hand, Henry Mathers wrote his mother that 'every one of them ought to be served in the same manner'.(23)

Wharton apparently survived until about 3 AM of the next day, with his wife and sisters present when he died.(10)

He was buried in St John's Episcopal Churchyard in Hagerstown, Washington County, Maryland.(8)

The aftermath

The sentry, and the corporal who had ordered him to shoot, were themselves arrested, and held in the Central Guard House.(11) Weeks later, Major Todd, of the 91st, carried a petition to Abraham Lincoln. They were freed on the same day.(12)

Perhaps Captain Lentz was ordered on 4 May 1862 to report to the Old Capitol Prison with company E, four days cooked rations, and all their camp equippage, because of the shooting.

At least two books opposed to Lincoln and published during the war mention Wharton's shooting (unsurprisingly calling it a "murder"), and several books published after the war repeat this description.

Ambrose Baker was promoted to 8th Corporal effective 15 August 1862. He was killed in action on 30 September 1864, near Squirrel Level Road.

Wharton's father-in-law did not regret his death: 'There was but a slight change of happiness, support or consolation from that quarter and Sue would soon be resigned to the loss of one who could only have been a source of anxiety and a constant trial'. Sue apparently disagreed; Wharton's death 'was a deep afflication to her'. Wharton's widow married James Henry Saville on 25 June 1865, in Dorchester, Massachusetts. He died on 1 July 1865, in Dorchester, of hemorrhage. In 1870, she was living with her father, in Philadelphia. On 29 April 1880, she married George L Bomberger, in Taylor County, West Virginia. He was a contract surgeon for the first Pennsylvania Infantry, during the Civil War. In 1880, 1900, 1910, and 1920, she was living in Lyon, Preston County, West Virginia. George L Bomberger died on 5 March 1921, and was buried in Arlington National Cemetery. On 6 January 1930, she died. She was buried in the Arlington National Cemetery, Arlington, Virginia, with George Bomberger and her father Daniel Powers Whiting. (20)

And Wharton's childhood friend, John Wilkes Booth, assassinated Lincoln on 14 April 1865.

bibliography

about the shooting

letter, Henry G Mathers to his mother, 20 April 1862, in her pension certificate file, WC 98,917

'Melancholy affair at the Old Capitol Prison', The Sun (Baltimore MD), 22 April 1862, page [4].

[Report from Washington] North American and United States Gazette (Philadelphia PA), 21 April 1862

'By magnetic telegraph'. North American and United States Gazette (Philadelphia PA), 22 April 1862

'Rebel prisoner shot'. The Daily Cleveland Herald (Cleveland OH), 23 April 1862

'Shocking transaction'. Daily National Intelligencer (Washington DC) 23 April 1862

[unnamed article]. Village Record [Waynesboro PA] 25 April 1862, p.2.

'The homicide at the Capitol Prison'. Daily National Intelligencer (Washington DC), 29 April 1862

'From the Star of last evening'. The National Republican 22 April 1862, page 2; transcribed 26 March 2011, from Library of Congress Chronicling America, at http://chroniclingamerica.loc.gov/lccn/sn82014760/1862-04-22/ed-1/seq-2/;words=Wharton+Jesse

'Explanation of the Confederate Shot at Washington City', Crisis (Columbus, Ohio) Wednesday 11 June 1862, page 159

'Nouvelle Générales', Courier des Etats-Unis (New York, New York), 24 April 1862, page 1.

'State prisoner shot', Boston Traveler Tuesday, 22 April 1862, page 3 [also printed, with minor variations, in (a) New York Tribune, Tuesday, 22 April 1862, page 7, (b) New York Daily Reformer (Watertown NY), 23 April 1862, page 2, (c) Springfield Republican (Springfield MA), 22 April 1862, page 4, (d) Evening Post (New York, NY), 22 April 1862, page 4, and (e) Providence Evening Press (Providence RI), 21 April 1862, p.4]

'Prisoner shot', Columbian Register (New Haven, CT), 26 April 1862, page 3

'The homicide', Evening Star (Washington DC), Tuesday 22 April 1862, page 3

'The homicide at the Capitol Hill prison', Providence Evening Press Thursday 24 April 1862, page 2

Central Guard House, prisoner list, National Archives, Record Group 393, entry 2086, volume 313, page 294

'List of prisoners confined in the Old Capitol Prison, Washington, D. C., March 17, 1862', in Official Records series 2 volume 2 page 271.

'List of prisoners received at the Old Capitol Prison other than prisoners of war since the 1st of March, 1861', in Official Records series 2 volume 2 page 237.

'List of prisoners examined by the commission relating to political prisoners and how disposed of', in Official records series 2 volume 2 page 277.

The David Rankin Barbee Papers, at the Lauinger Library, Georgetown University, include a folder of transcribed material about the shooting of Jesse Wharton (Box 5 Folder 257). [this includes transcriptions of various sources, as well as Barbee's correspondence trying to get copies of relevant documents]

Greenhow, Rose O'Neal. My imprisonment and the first year of abolition rule at Washington. London: Richard Bentley, 1863. Page 286.

Keller, S. Roger. Events of the Civil War in Washington County, Maryland. Shippensburg, PA: Burd Street Press, 1995. Page 64. (Unfortunately, two of the three sources cited in footnote 43 don't mention Wharton ["The Diary of James B Smith" p.24, in Emily Leatherman, Hancock, and Herbert H Harwood, Impossible Challenge--The Baltimore and Ohio Railroad in Maryland, p.78). The third source is the Washington County Cemetery Records (vol.7 p.453), which I have not yet examined.)

Mahony, D A. The prisoner of state. New York: Carleton, Publisher, 1863. Pages 301-303.

Marshall, John A. American Bastile. Philadelphia: Thomas W Hartley, 1869. [This seems to be derivative of Mahony's account.]

Walter, Thomas. 'Personal recollections and experiences of an obscure soldier'. Grand Army Scout and Soldiers' Mail v.3 #35 p.2.

Watson, P H (Assistant Secretary of War). Letter, 23 April 1862, to Representative Charles B Calvert, in Official records series 2 volume 3 page 271.

Williamson, James J. Prison life in the old capitol, and reminiscences of the Civil War. West Orange, NJ: [?], 1911. Pages 35-36 describe the shooting (at second-hand), and page 131 mentions it.

about Jesse Wharton

"Mason family genealogy", http://gunstonhall.org, searched 5 June 2003.

"My Virginia, D.C., Pennsylvania, New Jersey Genealogies", a gedcom, on sites.rootsweb.com, from [email protected], searched 5 June 2003.

'Wharton family history'. [a two-page photocopy of a manuscript, provided to me by Terry L Alford, 2 March 2013]

Callcott, George H. A history of the University of Maryland. Baltimore, MD: Maryland Historical Society, 1966. [mentions John O Wharton on pages 137, 139, 141, 149, 150, and 163]

Clarke, Asia Booth. John Wilkes Booth: A sister's memoir. Edited by Terry Alford. Jackson, Mississippi: University Press of Mississippi, 1996. [mentions Jesse Wharton on pp.55-56]

Heitman, Francis B. Historical register and dictionary of the United States Army, from its organization, September 29, 1789, to March 2, 1903. Washington: Government Printing Office, 1903. [mentions Jesse B Wharton on page 1022]

Daniel P Whiting. Edited by Murphy Givens. A soldier's life. Jim, 2011. [he refers to Wharton on pages 151, 152, 154, 155, 156, 159, 162, 172-3 (the first court-martial), 181, 182, 188-189 (the shooting), and 190]

"Maryland marriages 1777-1899". Searched on Ancestry, 21 February 2001. [Includes John O Wharton, but not Jesse]

1840 US census, Maryland, Washington County, Clear Sp, page 173 (John O Wharton).

1850 US census, Maryland, Washington County, Hagerstown, pages 140 line 39 to 141 line 8 (John O Wharton).

1850 US census, Maryland, Montgomery County, Cracklin County, p.319 line 9 (Jesse B Wharton) (household extends from page 318 line 30 to page 319 line 11).

1860 US census, Maryland, Prince George County, Beltsville District, page 371, line 32, to page 372, line 5 (John O Wharton)

[The published indexes to the 1860 Maryland (excluding Baltimore) and Washington DC censuses do not have a Jesse B Wharton. The closest matches I have found are J B Waran (DC, 3rd ward, p.751), and J Whartone (Cecil Cty MD, 2 Dist, p.175). However, his statement indicates he was in the Nevada Territory.]

National Archives. State Department Records. Civil War papers. from entries 962 [Proceedings of the commission relating to state prisoners. 1862] and 963 [Correspondence regarding prisoners of war. 1861-62]. Includes a statement by Lieut John G Hovey (Provost Marshall, Williamsport MD) summarizing the evidence against Wharton, a statement by Wharton, 4 January 1862, two lists of prisoners, including Jesse Wharton, and material relating to the Commission on state prisoners.

'Military affairs at Williamsport'. Baltimore American and Commercial Advertiser, 24 December 1861.

court-martial record. National Archives, Record Group 153 (Records of the Judge Advocate General (Army)), Entry 15 A (Court-martial files), entry 15A

court-martial record. National Archives, Record Group 153 (Records of the Judge Advocate General (Army)), Entry 15: Court-martial case files, 1809-1894. Court-martial case file #II-92, Lieutenant Jesse B Wharton, 7th US Infantry (July 1859), Camp Floyd, UT.

file W335 1859, National Archives microfilm publication M567, Letters received by the Office of the Adjutant General (main series), 1822-1860 (about Wharton's resignation)

National Archives. Online Public Access. National Archives Identifier 1801834. Record Group 153: Records of the Office of the Judge Advocate General (Army), 1792-2010. Wharton, Jesse B, Lt 7th Infantry, 7/1859, tried in Camp Floyd, Utah.

'Army Intelligence' [re the court-martial of Charles J Lynde], The New York Herald, 12 September 1859, page 8

'John Wilkes Booth: his school-day dreams and constant study--his thoughts of greatness' [mentions an incident involving Wharton]. Georgia Weekly Telegraph, Journal & Messenger (Macon, GA), 31 March 1882

Find a grave, memorial 49825515, created by Dee E, added 16 March 2010, accessed 18 June 2012 (Jesse B Wharton)

about Old Capitol Prison

Doster, William E. Lincoln and episodes of the civil war. New York: G P Putnam's Sons, 1915. Chapter 3: 'Old Capitol and Carrol Prisons' (pages 74-111). (He refers to the Old Capitol Prison on other pages, too.) Hartford Conn: Hartford Publishing Co., 1867.

Ellis, John B. The sights and secrets of the national capital: a work descriptive of Washington city in all its various phases. New York: United States Publishing Co., 1869. (Pages 59, 438-441) (available in the Making of America).

Williamson, James J. Prison life in the Old Capitol and reminiscences of the Civil War. Illustrations by B F Williamson. West Orange, NJ: [no publisher], 1911.

Sources not yet checked

Thomas John Chew Williams. A history of Washington County, Maryland, from the earliest settlements to the present time: including a history of Hagerstown; to this is added a biographical record of representative families prepared from data obtained from original sources of investigation. Hagerstown: [no name], 1906. Reprinted Baltimore: Regional Pub. Co., 1968. 2 vols. [available from the Family History Library, film 1036572]

Maryland. Orphan's Court (Washington County). Probate records (1777-1918); wills index (1777-1850) [available from the Family History Library, various films, including Wills Liber E-F, 1850-74 (1299263)]

Coral Gordon, compiler, and Samuel Webster Piper. Washington County Maryland cemetery records. [available from the Family History Library, film 1035746 items 5-7]

Dale Walton Morrow and Deborah Sue Jensen. Wills of Washington County Maryland, an index 1776-1890. [available from the Family History Library fiche 6088498]

[various church and cemetery records are also available from the Family History Library]

Endnotes

1a. The only references to his middle name I have are from "Descendents of George Mason", "Our Virginia ... genealogies", and 'Wharton family history' [a two-page photocopy of a manuscript, provided to me by Terry L Alford, 2 March 2013]. He signed his name "JB Wharton" (statement, 4 Jan 1862). Most other sources have Jesse B Wharton, including Heitman's Historical register, three prisoner lists (February 1862, March 1862, and prisoners examined by the commission), and the 1850 Maryland census. Second-hand accounts by two later prisoners (Williamson, Mahony) give his name as Jesse W Wharton.

1b. He mentions his place of birth in his 4 January 1862 statement. The evidence for Jesse's parents is indirect, but see 'The shooting of Mr Wharton' ([Baltimore] Sun, 23 April 1862, page 4) for confirmation, and also 'Wharton family history' [a two-page photocopy of a manuscript, provided to me by Terry L Alford, 2 March 2013]. According to Williamson, Wharton was about twenty-five or twenty-six years old when he was shot in 1862, and his father was "Professor Wharton, of Prince George County," Maryland. Mahony adds that Professor Wharton was a professor of Agricultural Chemistry. A history of the University of Maryland identifies John O Wharton as a founder (p.137), the first employee ("registrar", p.141), and a faculty member (p.163) of the Maryland Agricultural College (which eventually became the University of Maryland at College Park). This is presumably the John O Wharton in the 1860 census, in Prince George County, living with Elizabeth (21), Sarah (20), and William (16). He matches the John O Wharton in Hagerstown, Washington County in the 1850 Maryland census. Although no Jesse Wharton is living with them, a Jesse B Wharton, in Montgomery County, 15 years old, a student, living with Elisha J Hall (a teacher), and in John O Wharton's household the Wharton children in John Wharton's household are 20, 17, 13, 11, and 7, which leaves a gap for the fifteen-year-old Jesse. Finally, the 1840 census has an entry for John O Wharton in Washington County, with a male child under 5; none of the children living with John Wharton in the 1850 census match that age range. Note that in 1850 Elizabeth Wharton was 45 years old, but the 1840 census includes no white females 30 and under 40 in John O Wharton's household. Perhaps the 1840 or 1850 census-taker made a mistake or was told the wrong age, or the 1840 and 1850 John O Wharton's are different people. Wharton also claimed he was 27 years old on 4 January 1862 (statement).

1c. Database of Maryland marriages 1777-1899 at Ancestry. Elizabeth's full name comes from two GEDCOMs on Ancestry (searched 7 November 2001). One was submitted by Bernadine Smith, last updated 1 November 2001, at http://worldconnect.rootsweb.c om/cgi-bin/igm.cgi?op=GET&db=:1634092. The sec ond was submitted by Lynn Bloomfield, last updated 25 August 2001, at http://worldconnect.rootsweb.co m/cgi-bin/igm.cgi?op=GET&db=:491827.

1d. The names and ages come from the 1850 census; the only children living with John and Elizabeth in the 1860 census are Sarah and William. John Wharton's household in the 1840 census is consistent with this. According to the 1850 census, Mary was born in Tennessee, about 1830; the other children were born in Maryland. This may suggest they moved from Tennessee to Maryland between 1832 and 1836. However, census records are notoriously unreliable. According to "Descendents of George Mason" and "Our Virginia ... genealogies", their children were John, Jesse Barnes, Elizabeth, Sarah, William Fitzhugh, and Mary Armistead Wharton (b. 1830). 'Wharton family history' [a two-page photocopy of a manuscript, provided to me by Terry L Alford, 2 March 2013] mentions their having had six children, including Mary AM, John T Mason, and Jesse Barnes.

2a. In 1850, Jesse B Wharton was living in Montgomery County, 15 years old, a student, with Elisha J Hall (a teacher).

2b. E-mail, Terry Alford to Harry Ide. Asia Booth Clarke, John Wilkes Booth: A sister's memoir, edited by Terry Alford (Jackson, Mississippi: University Press of Mississippi, 1996), pp.55-56 (Wharton). She describes him there as a "schoolmate from Catonsville" (p.55), without mentioning the school, but on p.44 says that Booth went to St Timothy's Academy, Catonsville, and mentions no other school at Catonsville that Booth went to. See Jesse Wharton--school stories. For more on St Timothy's, see Michael W Kauffman, American Brutus (New York: Random House, 2004), pages 90-91. (He cites Erick F Davis, "Saint Timothy's Hall", History Trails (Baltimore County Historical Society newsletter) 11, no.3 (Spring 1977): 14.)

3a. A history of the University of Maryland mentions John O Wharton as a founder (p.137), the first employee ("registrar", p.141), and a faculty member (p.163) of the Maryland Agricultural College (which eventually became the University of Maryland at College Park).
'The homicide at the Capitol Prison'

3b. 1860 census. See also 'The homicide at the Capitol Prison'.

3c. 'Descendants of George Mason', and 'Our Virginia ... genealogies'. Wharton later claimed that he returned to Maryland in 1861 because of her death; perhaps he hadn't heard of it before then.

4a. Heitman. Also, the New York Daily Times reprinted War Department, Adjutant General's Office, General Orders No. 10, 19 July 1855 (printed 30 July 1855, page 6): "SEVENTH REGIMENT OF INFANTRY.-- ... Jesse B. Wharton, of Maryland, to be Second Lieutenant, June 30, 1855. ..." And the New York Times: "Among the recent appointments to the Army from civil life, are the following: ... Second Lieutenants-- ... Jesse B. Wharton, Maryland: ..." (in "Latest Intelligence", 27 July 1855, page 4). E-mail, from Curtis R Allen, to Harry A Ide, 28 January 2001; his e-mail address is [email protected].

4c. Heitman. [resignation] ([Maryland] Sun, 22 September 1859, page 4). Mahony mentions his service, and claims he resigned when the war broke out.

4d. court martial record, Jesse B Wharton. He was charged with being drunk while on duty these two times, and pled guilty to the charges.

4e. court martial record, Jesse B Wharton. new route: see Whiting, A soldier's life, p.168.

4f. court martial record, Jesse B Wharton. See also Court-martial. Letter from the Secretary of War, in response to resolution of the House of Representatives of January 9, 1884. February 26, 1884--ordered to be printed. Serial Set volume 2206, session volume 26, 48th Congress, 1st session, House Executive Document number 104, pages 3, 13-14. See Army Regulations of 1857, article 85, which allows courts martial (and presumably reviewing authorities) to suspend commissioned officers not only from command, but also from pay and emoluments.

4g. 'Army Intelligence' [re the court-martial of Charles J Lynde], The New York Herald, 12 September 1859, page 8. general court martial, 2nd Lieutenant Charles J Lynde, Camp Floyd, Utah Territory, 11 July 1859. Perhaps Osborne is the W J Osborne, 26 years old, born in NY, an express rider, living in Carson City, Carson, Utah, in 1860 (1860 US census, Utah Territory, Carson County, Carson City, microfilm series M653, film 1314, page 974 handwritten = 75 handwritten = 146 handwritten [FamilySearch]).

4h. court-martial record, National Archives and Records Administration, Record Group 153 (Records of the Judge Advocate General (Army)), Entry 15: Court-martial case files, 1809-1894. Court-martial case file #II-92, Lieutenant Jesse B Wharton, 7th US Infantry (July 1859), Camp Floyd, UT. (See also National Archives, Online Public Access, National Archives Identifier 1801834, Record Group 153: Records of the Office of the Judge Advocate General (Army), 1792-2010. Wharton, Jesse B, Lt 7th Infantry, 7/1859, tried in Camp Floyd, Utah. [requested court-martial record 26 December 2012]

4i. returns from US military posts, August 1855, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 122 of 389 on Ancestry (accessed January 2013)

4j. returns from US military posts, September 1855, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 124 of 389 on Ancestry (accessed January 2013) AND returns from US military posts, September 1855, Fort Smith, National Archives and Records Administration, Record Group 94, microfilm series M617, film 1188, image 197 of 378 on Ancestry (accessed January 2013)

4l. returns from US military posts, October 1855, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 126 of 389 on Ancestry (accessed January 2013)

4m. returns from US military posts, November 1855, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 128 of 389 on Ancestry (accessed January 2013) AND returns from US military posts, November 1855, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 132 of 389 on Ancestry (accessed January 2013)

4n. returns from US military posts, December 1855, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 134 of 389 on Ancestry (accessed January 2013) AND returns from US military posts, December 1855, Fort Gibson, National Archives and Records Administration, Record Group 94, microfilm series M617, microfilm 405, image 274 of 471 on Ancestry (accessed January 2013)

4o. returns from US military posts, January 1856, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 136 of 389 on Ancestry (accessed January 2013)

4p. returns from US military posts, January 1856, Fort Gibson, National Archives and Records Administration, Record Group 94, microfilm series M617, film 405, image 277 of 471 on Ancestry (accessed January 2013)

4q. returns from US military posts, February 1856, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 138 of 389 on Ancestry (accessed January 2013) AND returns from regular army infantry regiments, February 1856, 7th Infantry, National Archives and Records Administration, record group 94, microfilm series M665, film 80, image 149 of 255 on Ancestry (accessed January 2013)

4r. returns from US military posts, March 1856, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 140 of 389 on Ancestry (accessed January 2013) AND returns from regular army infantry regiments, March 1856, 7th Infantry, National Archives and Records Administration, record group 94, film 80, image 151 of 255 on Ancestry (accessed January 2013)

4s. returns from US military posts, April 1856, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 142 of 389 on Ancestry (accessed January 2013) AND returns from regular army infantry regiments, April 1856, 7th infantry, National Archives and Records Administration, record group 94, film 80, image 153 of 255 on Ancestry (accessed January 2013)

4t. returns from US military posts, May 1856, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 146 of 389 on Ancestry (accessed January 2013) AND returns from regular army infantry regiments, National Archives and Records Administration, record group 94, film 80, image 155 of 255 on Ancestry (accessed January 2013)

4u. returns from US military posts, June 1856, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 148 of 389 on Ancestry (accessed January 2013) AND returns from regular army infantry regiments, June 1856, 7th infantry, National Archives and Records Administration, record group 94, film 80] AND returns from US military posts, July 1856, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 152 of 389 on Ancestry (accessed January 2013) AND returns from US military posts, August 1856, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 154 of 389 on Ancestry (accessed January 2013) AND returns from regular army infantry regiments, August 1856, 7th Infantry, National Archives and Records Administration, record group 94, film 80, image 161 of 255 on Ancestry (accessed January 2013) AND returns from US military posts, September 1856, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 156 of 389 on Ancestry (accessed January 2013) AND returns from regular army infantry regiments, September 1856, Fort Arbuckle, National Archives and Records Administration, record group 94, film 80, image 163 of 255 on Ancestry (accessed January 2013) AND returns from US military posts, October 1856, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 158 of 389 on Ancestry (accessed January 2013) AND returns from regular army infantry regiments, October 1856, 7th Infantry, National Archives and Records Administration, record group 94, film 80, image 165 of 255 on Ancestry (accessed January 2013)

4v. returns from US military posts, November 1856, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 160 of 389 on Ancestry (accessed January 2013)

4w. returns from US military posts, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 162 of 389 on Ancestry (accessed January 2013)

4x. returns from US military posts, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 164 of 389 on Ancestry (accessed January 2013) AND returns from US military posts, January 1857, Fort Washita, National Archives and Records Administration, Record Group 94, microfilm series M617, film 1387, image 396 of 471 on Ancestry (accessed January 2013)

4y. returns from US military posts, February 1857, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 166 of 389 on Ancestry (accessed January 2013) AND returns from US military posts, March 1857, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 168 of 389 on Ancestry (accessed January 2013) AND returns from US military posts, April 1857, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 170 of 389 on Ancestry (accessed January 2013) AND returns from US military posts, May 1857, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 172 of 389 on Ancestry (accessed January 2013) AND returns from US military posts, June 1857, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 174 of 389 on Ancestry (accessed January 2013)

Whiting, A soldier's life, page 152.

4z. returns from US military posts, July 1857, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 176 of 389 on Ancestry (accessed January 2013) AND returns from US military posts, August 1857, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 178 of 389 on Ancestry (accessed January 2013) AND returns from US military posts, September 1857, Fort Arbuckle, National Archives and Records Administration, Record Group 94, microfilm series M617, film 38, image 180 of 389 on Ancestry (accessed January 2013)

Whiting, A soldier's life, page 154.

4aa. returns from US military posts, December 1857, Fort Washita, National Archives and Records Administration, Record Group 94, microfilm series M617, film 1387, image 394 of 471 on Ancestry (accessed January 2013). Whiting, A soldier's life, p.155.

4ab. returns from regular army infantry regiments, January 1858, 7th infantry, National Archives and Records Administration, record group 94, film 80, image 204 of 255 on Ancestry (accessed January 2013)

4ac. returns from US military posts, February 1858, Fort Washita, National Archives and Records Administration, Record Group 94, microfilm series M617, film 1387, image 398 of 471 on Ancestry (accessed January 2013). Whiting, A soldier's life, p.156.

4ad. returns from US military posts, March 1858, Jefferson Barracks, National Archives and Records Administration, Record Group 94, microfilm series M617, film 547, image 184 of 499 on Ancestry (accessed January 2013). Whiting, A soldier's life, p.159.

4ada. Whiting, A soldier's life, p.163.

4ae. returns from regular army infantry regiments, August 1858, 7th infantry, National Archives and Records Administration, record group 94, film 80, image 219 of 255 on Ancestry (accessed January 2013)

4af. returns from US military posts, September 1858, Camp Floyd, National Archives and Records Administration, Record Group 94, microfilm series M617, film 268, image 9 of 120 on Ancestry (accessed January 2013) AND returns from regular army infantry regiments, September 1858, 7th Infantry, National Archives and Records Administration, record group 94, film 80, image 221 of 255 on Ancestry (accessed January 2013) AND returns from US military posts, October 1858, Camp Floyd, National Archives and Records Administration, Record Group 94, microfilm series M617, film 268, image 15 of 120 on Ancestry (accessed January 2013) AND returns from regular army infantry regiments, October 1858, 7th Infantry National Archives and Records Administration, record group 94, film 80, image 223 of 255 on Ancestry (accessed January 2013) AND returns from US military posts, November 1858, Camp Floyd, National Archives and Records Administration, Record Group 94, microfilm series M617, film 268, image 17 of 120 on Ancestry (accessed January 2013) AND returns from regular army infantry regiments, November 1858, 7th Infantry, National Archives and Records Administration, record group 94, film 80, image 225 of 255 on Ancestry (accessed January 2013)

4ag. returns from US military posts, September 1858, Camp Floyd, National Archives and Records Administration, Record Group 94, microfilm series M617, film 268, image 11 of 120 on Ancestry (accessed January 2013). Whiting, A soldier's life, p.170.

4ah. returns from US military posts, December 1858, Camp Floyd, National Archives and Records Administration, Record Group 94, microfilm series M617, film 268, image 21 of 120 on Ancestry (accessed January 2013) AND returns from regular army infantry regiments, December 1858, 7th Infantry, December 1858, 7th Infantry, National Archives and Records Administration, record group 94, film 80, image 227 of 255 on Ancestry (accessed January 2013)

4ai. returns from US military posts, January 1859, Camp Floyd, National Archives and Records Administration, Record Group 94, microfilm series M617, film 268, image 25 of 120 on Ancestry (accessed January 2013) AND returns from US military posts, February 1859, Camp Floyd, National Archives and Records Administration, Record Group 94, microfilm series M617, film 268, image 28 of 120 on Ancestry (accessed January 2013) AND returns from US military posts, March 1859, Camp Floyd, National Archives and Records Administration, Record Group 94, microfilm series M617, film 268 image 33 of 120 on Ancestry (accessed January 2013) AND returns from US military posts, April 1859, Camp Floyd, National Archives and Records Administration, Record Group 94, microfilm series M617, film 268. image 36 of 120 on Ancestry (accessed January 2013) AND returns from US military posts, May 1859, Camp Floyd, National Archives and Records Administration, Record Group 94, microfilm series M617, film 268, image 40 of 120 on Ancestry (accessed January 2013) AND returns from US military posts, June 1859, Camp Floyd, National Archives and Records Administration, Record Group 94, microfilm series M617, film 268, image 44 of 120 on Ancestry (accessed January 2013) AND returns from US military posts, July 1859, Camp Floyd, National Archives and Records Administration, Record Group 94, microfilm series M617, film 268, image 47 of 120 on Ancestry (accessed January 2013) AND returns from US military posts, August 1859, Camp Floyd, National Archives and Records Administration, Record Group 94, microfilm series M617, film 268, image 50 of 120 on Ancestry (accessed January 2013) AND returns from US military posts, September 1859, Camp Floyd, National Archives and Records Administration, Record Group 94, microfilm series M617, film 268, image 55 of 120 on Ancestry (accessed January 2013) Whiting, A soldier's life, p.172-3 (17 January 1859).

4aj. returns from US military posts, September 1859, Camp Floyd, National Archives and Records Administration, Record Group 94, microfilm series M617, film 268, image 57 of 120 on Ancestry (accessed January 2013)

4ak. Wharton (in Letters received by the Office of the Adjutant General 1822-1860). See also Wharton's resignation, with endorsements, and charges against him, transcribed in the David Rankin Barbee papers

4al. letter, Gordon Chapin, 1st Lieut AAG, Adjt's Office, 7th Infantry, to Lt Col P Morrison, Com Camp Floyd, dated Camp Floyd UT, 8 August 1859, transcribed in the David Rankin Barbee papers. original in Wharton (in Letters received by the Office of the Adjutant General 1822-1860).

4am. statement of accounts, E D Townsend, AAG, Adjutant General's Office, Washington DC, 20 September 1859, transcribed in the David Rankin Barbee papers. original in Wharton (in Letters received by the Office of the Adjutant General 1822-1860).

4an. Whiting, A soldier's life, p.181.

4ao. Whiting, A soldier's life, p.182.

5a. Statement, JB Wharton, 4 January 1862.

5b. Statement, JB Wharton, 4 January 1862.

5c. Whiting, A soldier's life, page 151. Statement, JB Wharton, 4 January 1862. Mahony (who says that his wife was young). His wife's name: 'Descendants of George Mason', 'Our Virginia ... genealogies', and 'Wharton family history' [a two-page photocopy of a manuscript, with the title apparently in another hand, provided to me by Terry L Alford, 2 March 2013] (which also mentions her father's name and rank). (See 'Whiting' (a family tree, available on Ancestry.com, accessed 3 March 2013), which lists that census record (along with others), and has much more about Susan Whiting.) 'Susan Elizabeth Whiting', in "Whiting Mayflower family tree', a family tree, available on Ancestry (accessed 12 July 2014). 1850: 1850 US census, Missouri, St Louis County, Jefferson Barracks, microfilm series M432, film 414, page 266 recto = 531 handwritten. 1860: 1860 US census, Missouri, St Louis County, Township of Carondelet, microfilm series M653, film 656, page 646 = 102 handwritten. Zell: Intentions of marriage registered in Dorchester, County of Norfolk, [Massachusetts], 1865. Sanford: District of Columbia, select deaths and burials, 1840-1964, Susan Whiting Bomberger, 6 January 1930

5d. Whiting, A soldier's life, page 188.

6a. Two records reprinted in the Official records give this as the date and cause of his arrest ('List of prisoners confined in the Old Capitol Prison, Washington, D. C., March 17, 1862', Official Records series 2 volume 2 page 271; 'List of prisoners examined by the commission relating to political prisoners and how disposed of', Official records series 2 volume 2 page 277). His statement gives 22 December as the date of his arrest.
According to an earlier list, which accompanies a letter dated 19 February 1862, he was arrested on 1 January 1862 (Official Records series 2 volume 2 page 237). According to Mahony, he was arrested to prevent his going south after he had resigned a commission in the federal army. According to Keller p.64, he was arrested 'as a "traitor"' and held "until he took the oath to the Federal government, which he refused". 'Military affairs at Williamsport' reports the arresting Colonel's name.

6b. See various reports of the operations. Almost immediately after contracts were let for the rebuilding, in January 1857, four floods did serious damage. The first took out 500 feet of Dam 5. [Walter S Sanderlin, 'The Great National Project: A history of the Chesapeake and Ohio Canal'. The John Hopkins University Studies in Historical and Political Science volume 64 (1946) 1-332. Pages 210-211 briefly describe the reconstruction and flood damage to dams 4 and 5, and pages 212-220 describe the damage done to the Canal Company during the Civil War.]

6c. statement, 4 January 1862, JB Wharton. See also the prisoners lists mentioned in note 6a.

6d. 'Military affairs at Williamsport'.

7. For a description of the shooting, see 'The homicide at the military prison' (New York Herald-Tribune 23 April 1862, page 3). Whiting, A soldier's life, pp.188-189, quotes from an account in the Washington Star, which mentions the times. The evidence for the date is inconsistent:

7a. [summary of evidence against Jesse Wharton], by Lieutenant John G Hovey.

7b. At least five other people were sent to Old Capitol Prison by General Banks on 1 January 1862 [prisoner list]. Examining the reasons for their arrest might be interesting.

7c. 'Military affairs at Williamsport'.

8. Personal communication, Terry L. Alford ([email protected]). Keller p.64; [unnamed article], Village Record [Waynesboro PA] 25 April 1862, p.2; Find a grave memorial 49825515 (added 16 March 2010, accessed 21 December 2010)

8a. statement, by JB Wharton, 4 January 1862.

9. According to Walter, Wharton cursed and dared the guard to fire on him, and after being warned that he would be shot, began a second tirade against the government. Greenhow claims Wharton was simply singing. (See also 'From the Star of last evening'. The National Republican 22 April 1862, page 2.) Williamson and Mahony don't refer to Wharton's saying anything. All three accounts agree that Wharton was shot after he had been warned, but Williamson and Mahony emphasize that Wharton was not breaking any prison rules, and therefore believed he would not be shot. See also 'Melancholy affair at the Old Capitol Prison' (The Sun (Baltimore MD), 22 April 1862, page [4]).

9a. Ellis summarizes the history.

9b. Williamson describes 8 incidents in which guards reacted to passers-by (2 incidents on p.27, another two on pp.32-33, one each on pages 38, 68, 76, and 78). He also reports that a prisoner was taken to the guard house for singing at a window (page 78), that they were ordered to stay away from the window (p.35), and that all the prisoners in room 15 were confined to their room and put on a bread and water diet because one of them threw a piece of bread out the window (page 69). Another is mentioned in Vanity Fair, page 279, 7 June 1862 (available on The Making of America).

10. Walter claims that he died within a few minutes. According to an untitled article in the Waynesboro PA Village Record, he died about 3 PM. According to Williamson and Mahony, he survived for seven or eight hours. Mahony claims that his wife and two sisters were with him when he died. See also 'Melancholy affair at the Old Capitol Prison' (The Sun (Baltimore MD), 22 April 1862, page [4]) and See also 'From the Star of last evening'. The National Republican 22 April 1862, page 2. Whiting, A soldier's life, p.190, notes that when he arrived in Washington on 20 August 1862, he visited the Maryland Agricultural College to see Sue; she was staying with her father-in-law.

11. Walter claims that they were arrested a few days later. Ambrose Baker was imprisoned on 13 May 1862, three weeks after the latest possible date for the shooting (Central Guard House records). An [unnamed article] in the Waynesboro PA Village Record claims Baker was immediately arrested (as does See also 'From the Star of last evening'. The National Republican 22 April 1862, page 2). 'The shooting of Mr Wharton' ([Baltimore] Sun, 23 April 1862, page 4) claims that Wadsworth thought the shooting was unjustified.

12. Walter's description is the only report I have yet found of this.

13. 'Melancholy affair at the Old Capitol Prison' (The Sun (Baltimore MD), 22 April 1862, page [4]); 'From the Star of last evening' (The National Republican 22 April 1862, page 2).

14. Ambrose Baker was the guard according to 'Melancholy affair at the Old Capitol Prison' (The Sun (Baltimore MD), 22 April 1862, page [4]). According to one account by a later prisoner (Mahony), the soldier who shot Wharton was "Harrison Baker"; the modern discussion in Keller p.64 also cites Ambrose Baker as the guard. Mahony also reports that Baker was later promoted; Walter's account reports that the sentry was in Company C. (Ambrose Baker served in Company C, who was later promoted, and no Harrison Baker served in the 91st.) This seems to be confirmed by the fact that a register of prisoners at the Central Guard House lists Ambrose Baker as imprisoned on 13 May 1862.

15. According to Mahony (a later prisoner), the officer in charge of the guard, who ordered Wharton shot, was "Lieutenant Mulligan". Perhaps this was Lieutenant William R Milligan, of Company K. However, according to Walter, a corporal of company A was in charge of the guard. According to an article in the Waynesoboro PA Village Record, Wharton accused Lieutenant Milligan, but Baker said that the corporal of the guard had ordered him to shoot Wharton.

16. [Report from Washington] North American and United States Gazette (Philadelphia PA), 21 April 1862. [inspection report], in Official Records series 1 volume 15 pages 225-226 (from the Records of the McDowell Court of Inquiry, 45th day). letter, Henry Mathers to his mother, 20 April 1862, in her pension certificate file, WC 98,917.

17. [Report from Washington] North American and United States Gazette (Philadelphia PA), 21 April 1862. This report connects these problems to Wharton's death.

18. bared breast just before being shot: 'Rebel prisoner shot'. The Daily Cleveland Herald (Cleveland OH), 23 April 1862, and 'Shocking transaction' (Daily National Intelligencer (Washington DC) 23 April 1862); 'From the Star of last evening' (The National Republican 22 April 1862, page 2)
bared breast before withdrawing from the window: 'The homicide at the Capitol Prison'. Daily National Intelligencer (Washington DC), 29 April 1862
'The shooting of Mr Wharton' ([Baltimore] Sun, 23 April 1862, page 4)
'Nouvelle Générales', Courier des Etats-Unis (New York, New York), 24 April 1862, page 1.
'State prisoner shot', Boston Traveler Tuesday, 22 April 1862, page 3 (printed many other places with minor variations).
'The homicide at the Capitol Hill prison', Providence Evening Press Thursday 24 April 1862, page 2

19. 'John Wilkes Booth: his school-day dreams and constant study--his thoughts of greatness'.

20. 'Susan Elizabeth Whiting', in "Whiting Mayflower family tree', a family tree, available on Ancestry (accessed 12 July 2014). Find a grave, memorial 57,196,473 (with an image of the headstone), Susan E Bomberger, created by Anne Cady, added 17 August 2010, accessed 12 April 2014. 1870 US census, 2nd enumeration, Pennsylvania, Philadelphia, ward 20, district 65, microfilm series M593, film 1434, page 356 verso = 16 handwritten. 1880 US census, West Virginia, Preston County, Lyon District, enumeration district 64, microfilm series T9, film 1412, page 374 = 42 B handwritten. 1900 US census, West Virginia, Preston County, Lyon District, enumeration district 104, microfilm series T623, film 1770, page 84 = 12 A handwritten. 1910 US census, West Virginia, Preston County, Lyon District, enumeration district 103, microfilm series T624, film 1695, page 94 = 7 A handwritten. 1920 US census, West Virginia, Preston County, Lyon, enumeration district 133, microfilm series T625, film 1969, page 7 A. Intentions of marriage registered in Dorchester, County of Norfolk, [Massachusetts], 1865. Dorchester deaths, 1850-1869, James Saville. death notice, James H Saville, Boston Traveler Monday 3 July 1865, page 6. pension index, by name, George L Bomberger. District of Columbia, select deaths and burials, 1840-1964, Susan Whiting Bomberger. Whiting, A soldier's life, p.189.

21. 'The homicide', Evening Star (Washington DC), Tuesday 22 April 1862, page 3. 'Homicide at the Capital Prison'. Daily National Intelligencer (Washington DC), 29 April 1862. 'Explanation of the Confederate Shot at Washington City', Crisis (Columbus, Ohio) Wednesday 11 June 1862, page 159. Note that Walworth's claim to have been imprisoned with Wharton is confirmed by references in Official Records to his imprisonment: (a) 'List of persons received at the Old Capitol Prison other than prisoners of war since the 1st of March, 1861' (series 2 volume 2 page 238): Mansfield Tracy Walworth, arrested 7 February 1862; (b) 'List of prisoners confined in the Old Capitol Prison, Washington, D.C., March 17, 1862' (series 2, volume 2, page 272): M. T. Walworth; nature of offense: 'Spy; connected with Mrs. Morris and Wm. T. Smithson'; (c) 'There is nothing in the papers of Mrs. Morris or of himself to show any treasonable practices on the part of M. T. Walworth. [fn: See case of Walworth, p.1351.] He appeared to be mixed up with Mrs. M. socially to some extent, like several other parties.' (series 2, volume 2, page 1347); (d) 'This person [Mansfield T. Walworth] was arrested February 7, 1862, in Washington, D.C., by order of Major-General McClellan and committed to the Old Capitol Prison. He was charged with being a spy in the service of the rebels. The said M. T. Walworth remained in custody at the Old Capitol Prison February 15, 1862, when in conformity with the order of the War Department of the preceding day he was transferred to the charge of that Department.--From Record Book, State Department, "Arrests for Disloyalty."' (series 2, volume 2, pages 1351-2; p.1352 reports his discharge and the conditions: 'upon his taking the oath of allegiance and engaging upon oath that he will leave the city of Washington forthwith and repair immediately to his paternal home in Saratoga Count, N.Y., and report daily therefrom to the Hon. Reuben H. Walworth, and that he will not leave the county of Saratoga nor hold any correspondence himself nor be engaged in any with any person in the States in armed insurrection against the authority of the Government of the United States without permission from the Secretary of War.'; the release order from John A Dix and Edwards Pierrepont is dated 1 April 1862, before Wharton's shooting, but I have not found the date on which Walworth was actually released).

22. Whiting, A soldier's life, p.189, quoting an account in the Washington Star of 21 April 1862.

23. letter, Henry Mathers to his mother, 20 April 1862, in her pension certificate file, WC 98,917

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