[see also the record of his trial]
Court martial
[source: 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][page 3]
List of cases of commissioned officers in the United States Army in which the findings of courts-martial were disapproved, or the sentences remitted or partially remitted, during the period from the 4th of March, 1857, to the 4th of March, 1861, with statement of charges and specifications of which officers were found guilty in cases in which Executive clemency was exercised, hereto annexed.
| No. | Name | Rank and regiment | Findings disapproved | Sentence wholly remitted | Sentence partially remitted |
| [...] | |||||
| 8 | Jesse B. Wharton | Lieutenant, Seventh Infantry | .. | .. | By the President. |
[page 13]
[see general orders #16 for the original]
8.
[General Orders, No. 16.]
WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,
Washington, December 16, 1858.
I. At the general court-martial which convened at Camp Floyd, Utah, pursuant to Special Orders, No. 96, from the headquarters of the Department of Utah, and of which Bvt. Col. CHARLES F. SMITH, lieutenant-colonel of the Tenth Regiment of Infantry, is president, was arraigned and tried Second Lieut. Jesse B. Wharton, of the Seventh Regiment of Infantry, on the following charges and specifications, viz:
CHARGE I: Drunkenness on duty. [see article 45, Articles of War]
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. [see article 99, Articles of War]
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."
[page 14]
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."
To which charges and specifications the accused pleaded as follows:
To the first specification, first charge, "Guilty."To the second specification, first charge, "Guilty."
To the first charge, "Guilty."
To the specification, second charge, "Not guilty."
To the second charge, "Not guilty."
To the specification, third charge, "Not guilty."
To the third charge, "Not guilty."
FINDINGS OF THE COURT.
The court, after maturely considering the evidence, finds the accused, Second Lieut. Jesse B. Wharton, Seventh Infantry, as follows:
Of the first specification, first charge, "Guilty."Of the second specification, first charge, "Guilty."
Of the first charge, "Guilty."
Of the specification, second charge, "Guilty."
Of the second charge, "Guilty."
Of the specification, third charge, "Guilty."
Of the third charge, "Guilty."
SENTENCE.
And the court does, therefore, sentence the said Second Lieut. Jesse B. Wharton of the Seventh Regiment of Infantry, "To be cashiered."
II. In conformity with the sixty-fifth article of war, the proceedings of the general court-martial in the foregoing case have been transmitted to the Secretary of War, and by him laid before the President of the United States. The following are his orders thereon:
WAR DEPARTMENT, December 13, 1858.
The sentence of the court is confirmed; but in consideration of the youth of Lieutenant Wharton, and other circumstances in his favor, which have been brought to the attention of the Department, the sentence is mitigated to suspension from rank and pay for twelve months.
J. B. FLOYD, Secretary of War.III. At the expiration of the period for which he is suspended from rank and pay, Lieutenant Wharton will join his company wherever it may then be serving.
IV. The general court-martial of which Bvt. Col. Charles F. Smith is president, is hereby dissolved.
By order of the Secretary of War:
S. COOPER, Adjutant-General.W. A. NICHOLS, Assistant Adjutant-General.
Official:
[Balance Wharton owed the government]
[List of balances--Treasury Department. Letter from the Comptroller, transmitting a list of balances unsettled on the books of the Treasury, January 22, 1861. Serial Set volume 1097, session volume 6, 36th Congress, 2nd Session, House Executive Document 39]| No | Name | Rank | Amount | Remarks |
| [...] | ||||
| 9415 | Jesse B. Wharton | Lieutenant 7th infantry | 18 77 | Quartermaster's department. |
| 9415 | do | do | 67 25 | Army transportation. |
| 9415 | do | do | 2 87 | Barracks. |
| [Amount of quartermaster's stores purchased by Lieutenant W. and not paid for, but certified as accounted for, 1st quarter 1858] | ||||