91st PA: Jesse Wharton's court martial

Charles Lynde's court martial

[source: court-martial record, Charles Lynde, National Archives, RG 153, 7E3/13/16/E/Box 260]
[See The shooting of Jesse Wharton]
[see also the court martial of Jesse Wharton for the initial altercation]

[Stephen H Weed, who served on the Court, commanded the Third Brigade, Second Division, Fifth Corps, in which the 91st Pennsylvania served, and died at the Battle of Gettysburg, on Little Round Top.]
[Henry E Heth served in the Confederate States Army, and was also connected with the Battle of Gettysburg, since he sent two Brigades to Gettysburg, allegedly to search for shoes; he was still commanding his division when Lee surrendered at Appomattox Court House.]

[Index]




General orders 20



[page 1]

GENERAL ORDERS, No. 20.
WAR DEPARTMENT, ADJUTANT GENERAL'S OFFICE,
Washington, September 7, 1859

I....At the General Court Martial which convened at Camp Floyd, Utah Territory, pursuant to "Special Orders" No. 55, of July 18, 1859, from the Head Quarters of the Department of Utah, and of which Lieutenant Colonel MARSHALL S. HOWE, 2d Dragoons, is President, was arraigned and tried Second Lieutenant Charles J. Lynde, of the 5th regiment of Infantry, on the following charges and specifications, viz:


CHARGE I.
Conduct unbecoming an officer and a gentleman.

Specification 1st..."In that; he, 2d Lieutenant Charles J. Lynde, 5th Infantry, was drunk, and engaged in a disgraceful brawl, with 2d Lieutenant Jesse B. Wharton, 7th Infantry, striking him repeatedly with his fist, and calling him 'A damned son of a bitch'--'A God damned, lying, thieving, son of a bitch'--or words to that effect; all this took place between 12 and 2 o'clock in the morning of the 4th of July, 1859, in the Mormon settlement of Fairfield, U.T., in the immediate vicinity of Camp Floyd, U.T., and in the immediate presence and hearing of soldiers of the said Camp, and citizens residing in the said town of Fairfield."

Specification 2nd..."In this; that the said 2d Lieutenant Charles J. Lynde, 5th Infantry, on being engaged in a brawl with 2d Lieutenant Jesse B. Wharton, 7th Infantry, as stated in the 1st specification; did in order to throw blame upon 2d Lieutenant Jesse B. Wharton, 7th Infantry, and thereby screen himself--report to Captain Henry Heth, 10th Infantry, Field officer of the Day, that this was the third time that he had been insulted by the said Lieut. Wharton, or words to that effect; which report was false, and without foundation. He the said Lieut. Lynde having been the aggressor on the occasion. This in the Mormon settlement of Fairfield, U.T., on or about the morning of the 4th of July, 1859."


CHARGE 2.
Disobedience of Orders.

Specification..."In this; that 2d Lieut. Charles J. Lynde, 5th Infantry, having been ordered by Captain Henry Heth, 10th Infantry, Field officer of the Day, to go immediately to his quarters, did fail to obey the said order, and did con-



[page 2]

tinue in the town of Fairfield, U.T., and remain absent from his quarters for one hour, more or less. This at the Mormon settlement of Fairfield, U.T., on or about the morning of the 4th of July, 1859.

To which charges and specification the accused pleaded "Not guilty."


FINDINGS OF THE COURT.

The Court after mature consideration of the evidence adduced finds the accused, Second Lieutenant Charles J. Lynde, 5th Infantry, as follows:

Of the 1st Specification, 1st Charge, "Guilty."
Of the 2d specification, 1st Charge, "Not Guilty."
Of the 1st Charge, "Guilty."
Of the Specification, 2d Charge, "Not Guilty."
Of the 2d Charge, "Not Guilty."

SENTENCE.

And the Court does therefore sentence the said Second Lieutenant Charles J. Lynde, 5th Infantry, "To be dismissed the service."



II...In conformity with the 65th 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:

WASHINGTON, September 5, 1859.

The sentence of the Court, after careful examination, is approved.

JAMES BUCHANAN.

Second Lieutenant Charles J. Lynde, 5th Infantry, accordingly ceases to be an officer of the Army from September 5, 1859.


III...The General Court Martial, of which Lieutenant Colonel MARSHALL S. HOWE, is President, is dissolved.


BY ORDER OF THE SECRETARY OF WAR:

E. D. TOWNSEND,
Assistant Adjutant General

Official.
S. Williams, Asst. Adjt. Genl.

cover sheet [1 manuscript page]



[page 3]

II84.
C.M. [illegible] 1859
Proceedings of a Genl. Court Martial which convened at Camp Floyd U.T. July 11th 1859 by virtue of Special Dept. Order No. 55. of 8th July 1859.
Lt Col M.S. Howe 2nd Drag's President
1st Lieutenant W.A. Webb 5th Infantry Judge Advocate
Cases tried
8. 2nd Lt C. J. Lynde 5th Infantry
General orders US 20 (AGO) Sept 7 1859
Copy furnished Lieut C J Lynde December 29" 1859
[illegible] Depart of Utah July 21 1859
Head Quarters Department of Utah Camp Floyd U.T. July 20" 1859.
Respectfully forwarded to the Secretary of War in compliance with the 65. of the Articles of War.
A. S. Johnston Colonel 2" Cavalry Bvt. Brigr Genl. U.S.A. Commdg.

Prosecution case

preliminaries [manuscript pages numbered 1-5]



[page 4]

Case 8 Page 1

Proceedings of a General Court Martial which convened at Camp Floyd U.T. July 11th [?] 1859 by virtue of the following order, viz.

Head Quarters Department of Utah
Camp Floyd U.T. July 8th 1859.
Special Orders No. 55

A General Court Martial is hereby appointed to meet at Camp Floyd U.T., on the 11th day of July 1859, at 10 o'clock A.M., or as soon thereafter as practicable for the trial of 2nd Lieutenant Charles J. Lynde 5th Infantry, 2nd Lieutenant Jesse B. Wharton 7th Infantry, and such Officers and enlisted men as may be brought before it.

Detail for the Court
1.Lieutenant Colonel Marshall S. Howe2nd Dragoons
2.Captain Henry Little7th Infantry
3.Captain Carter L. Stevenson5th Infantry
4.Captain Henry F. ClarkeSubsistence Department
5.Captain Albert Tracy10th Infantry
6.1st Lieutenant Delavan D. Perkins4th Artillery
7.1st Lieutenant William Clinton10th Infantry
8.1st Lieutenant John H. Forney10th Infantry
9.1st Lieutenant Francis J. ShunkOrdnance Department
10.1st Lieutenant Stephen H. Weed4th Artillery
[page 5]
11.1st Lieutenant George A. Gordon2nd Dragoons
1st Lieutenant William A. Webb 5th Infantry Judge Advocate.

No other Officers than these named can be assembled without manifest injury to the service.

By order of Brvt Brig Genl A. S. Johnston
(Signed) F. J. Porter
Asst Adjt Genl

10 O'Clock A.M.
July 14th 1859

The Court met pursuant to the above order and adjournment. present

1.Lieutenant Colonel Marshall S. Howe2nd Dragoons
2.Captain Henry Little7th Infantry
3.Captain Carter L. Stevenson5th Infantry
4.Captain Henry F. ClarkeSubsistence Department
5.Captain Albert Tracy10th Infantry
6.1st Lieutenant Delavan D. Perkins4th Artillery
7.1st Lieutenant William Clinton10th Infantry
8.1st Lieutenant John H. Forney10th Infantry
9.1st Lieutenant Francis J. Shunk [?]Ordnance Department
10.1st Lieutenant Stephen H. Weed4th Artillery
11.1st Lieutenant George A. Gordon2nd Dragoons


[page 6]

Case 8 Page 3

1st Lieutenant William A. Webb 5th Infantry Judge Advocate.
2nd Lieutenant Charles J. Lynde 5th Infantry the accused also present.

The Judge Advocate having read the order convening the Court, asked the accused 2nd Lieutenant Charles J. Lynde 5th Infantry if he had any objection to being tried by any member named therein; to which he replied in the negative.

The Court was then duly sworn by the Judge Advocate and the Judge Advocate was duly sworn by the presiding officer of the Court, in presence of the accused. The accused here requested the privilege of introducing Capt John M. Jones 7th Infantry as his counsel, which request was granted. Captain Jones appeared, and took his seat. The accused was then arraigned on the following charges, and specifications.


Charge 1st.
Conduct Unbecoming an Officer and a Gentleman.

Specification 1st. In that: he, 2nd Lieutenant Charles J. Lynde, 5th Infantry, was drunk, and engaged in a disgraceful brawl with 2d Lieutenant Jesse B. Wharton, 7th Infantry, striking him repeatedly with his fist, and calling him "A damned son of a bitch"--"A God damned, lying, thieving son of a bitch"--or words



[page 7]

to that effect; all this took place between 12 and 2 o'clock in the morning of the 4th of July, 1859, in the Mormon settlement of Fairfield, U.T., in the immediate vicinity of Camp Floyd, U.T. and in the immediate presence and hearing of soldiers of the said camp and citizens residing in the said town of Fairfield.

Specification 2nd. In this: that the said 2nd Lieutenant Charles J. Lynde, 5th Infantry, on being engaged in a brawl with 2nd Lieut Jesse B. Wharton, 7th Infantry, as stated in the 1st specification, did in order to throw blame upon 2nd Lieut Jesse B. Wharton, 7th Infantry, and thereby screen himself--report to Captain Henry Heth, 10th Infty, Field Officer of the Day, that this was the third time that he had been insulted by the said Lieut. Wharton, or words to that effect; which report was false, and without foundation. He the said Lieut. Lynde having been the aggressor on the occasion. This in the Mormon settlement of Fairfield, U.T. on or about the morning of the 4th of July, 1859.


Charge 2nd.
Disobedience of Orders.

Specification. In this: that 2nd Lieut. Charles J. Lynde, 5th Infantry, having been ordered by Captain Henry Heth, 10th Infantry, Field Officer of the Day, to go immediately to his quarters, did fail to obey the said order,



[page 8]

Case 8 Page 5

and did continue in the town of Fairfield U.T., and remain absent from his quarters for one hour, more or less. This at the Mormon settlement of Fairfield U.T. on or about the morning of the 4th of July, 1859.

(Signed) W. A. Webb.
1st Lieut 5th Infantry, Advocate.

To which Charges and Specifications the accused pleaded as follows.

To the 1st specification of the 1st Chargenot guilty
To the 2nd specification of the 1st Chargenot guilty
To the 1st Chargenot guilty
To the Specification of the 2nd Chargenot guilty
To the 2nd Chargenot guilty

testimony of Sergeant Henry F Allen company "A" 7th Infantry [manuscript pages numbered 5-11]

Sergeant Henry F. Allen Company "A" 7th Infantry as witness for the prosecution was duly sworn.

Question by the Judge Advocate. Were you in the town of Fairfield on the morning of the 4th of July 1859, if so, did you see the accused Lieut Lynde there, and under what circumstances?

Answer. I was there on duty as provost sergeant, and saw Lieut Lynde there. I saw some persons coming up the town whom I found out to be Lieuts Lynde and Wharton and Mr. Osbourne (a citizen) and some other persons. I heard Mr. Osbourne call Lieut Wharton


[page 9]

"A dam'd puppy" which he repeated two or three times. Lieut Wharton told him to hold on, and he said he did not speak to puppies. Sergeant Boyle approached and told them to halt, and Lieut Wharton came up and knocked Osbourne down. Then Lieut Lynde struck Lieut Wharton and called him "A damned son of a bitch". Lieut Wharton replied by calling him "A son of a bitch". we then separated them and they then went away. we went one way and they went the other. they went up town, and we went down. About fifteen or twenty minutes after that we went into the bowling alley in Fairfield, and found Lieuts Lynde and Wharton there. when we went in Lieut Lynde had his hand up, shaking his finger at Lieut Wharton. he then caught hold of Lieut Wharton and struck at him. I don't know wether [sic] he hit him or not. we again separated them and as soon as we had separated them Lieut Lynde called Lieut Wharton "A damned lying thieving son of a bitch." Sergeant Boyle then told them that if they did not quit the disturbance, he would go for the Field Officer of the Day. Osbourne then said he was a justice, and commanded them to keep the peace. Lieut Wharton then sat down, and Lieut Lynde stood at the bar. Lieut Lynde then came over to where Lieut Wharton was sitting, and caught hold of him, and shook him, and wanted him to fight

[page 10]

[missing page]

[page 11]

announced.

Answer. He took them off and handed them to me, and I wanted him to put them on again but he would not, and I put them on the table.

Question. Did anything occur between Lieuts Lynde + Wharton after he took his coat off?

Answer. Not when he had his coat off.

Question. At the time you saw the accused and Lieut Wharton together that night, did Lieut Wharton insult the accused.

Answer. Not to my knowledge; when Lieut Lynde called Lieut Whaton "A son of a bitch", he replied by calling him the same.

Question. Was Lieut Lynde ordered to go immediately to his quarters by the Field Officer of the Day?

Answer. The Field Officer of the Day told him to go to his quarters. Lieut Lynde asked him if he was to go under arrest, and he told him no.

Question. Did Lieut Lynde obey this order?

Answer. He did not go home. I saw him about twenty or twenty five minutes afterwards, down town.

Question. What condition was Lieut Lynde in that night when you saw him as regards liquor?

Answer. He had the appearance of being under the influence of liquor. I could not swear he was drunk.

Question. What do you understand by being drunk?

Answer. When a man don't know how to take care of himself or conduct himself.

Cross-examined by the accused. With whom was Lieut Lynde


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Case 8 Page 9

walking when you first saw him?

Answer. With some citizens, I only know one of them, Mr. Osbourne.

Question. Where was Lieut Wharton at this time?

Answer. In rear, about fifteen or twenty paces.

Question. What was Lieut Lynde doing when Lieut Wharton struck Mr. Osbourne?

Answer. He was standing on the side walk.

Question. How far was he from the parties?

Answer. They were not three paces apart.

Question. Did not Lieut Wharton advance on Lieut Lynde in a threatening manner, and thus cause the blow that was struck by Lieut Lynde?

Answer. Not to my knowledge.

Question. Did Lieut Wharton make any remark that caused the blow?

Answer. Not to the best of my knowledge. I did not hear him make any remark of any kind.

Question. What brought Lieut Wharton into the bowling saloon, was he in pursuit of Lieut Lynde?

Answer. I do not know; I cannot say.

Question. How long after the order you allege to have been given by the Field Officer of the Day, did you again see Lieut Lynde and did you see him cross the bridge and do you know what time he came home?

Answer. I was with him about fifteen minutes after


[page 13]

he got the orders. I did not see him cross the bridge and I do not know when he went home.

His testimony was red [sic] over to him and the witness withdrew.

The Court adjourned at 11.30 A.M. to meet at 10 O'Clock A.M. tomorrow.

10 O'Clock A.M.
July 15th 1859.
The Court met pursuant to adjournment. present
1.Lieutenant Colonel Marshall S. Howe2nd Dragoons
2.Captain Henry Little7th Infantry
3.Captain Carter L. Stevenson5th Infantry
4.Captain Henry F. ClarkeSubsistence Department
5.Captain Albert Tracy10th Infantry
6.1st Lieutenant Delavan D. Perkins4th Artillery
7.1st Lieutenant William Clinton10th Infantry
8.1st Lieutenant John H. Forney10th Infantry
9.1st Lieutenant Francis J. Shunk [?]Ordnance Department
10.1st Lieutenant Stephen H. Weed4th Artillery
11.1st Lieutenant George A. Gordon2nd Dragoons
1st Lieutenant William A. Webb 5th Infantry Judge Advocate.
2nd Lieutenant Charles J. Lynde 5th Infantry the accused

The proceedings of yesterday having been read over,


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Case 8 Page 11

a member of the court objected to having upon the record that the accused asked the priviledge [sic] of having Captain John M. Jones 7th Infantry appear as his counsel in as much as the constitution of the United States granted to every american citizen the priviledge [sic] of being heard by counsel, and it was a matter with which the Court had nothing to do. The Court was cleared for deliberation, and decided that the record should remain as it had been recorded. The Court was then reopened, and the trial of 2nd Lieut Lynde, continued.

testimony of Sergeant Jaal [?] Boyle Company "H" 10th Infantry [manuscript pages 11-18]

Sergean Taal Boyle Company "H" 10th Infantry, a witness for the prosecution, was duly sworn.

Question by Judge Advocate. Were you in the town of Fairfield on the morning of the 4th of July 1859, and if so, did you see the accused there, and under what circumstances?

Answer. I was there on the morning of the 4th of July 1859, and saw him there, he appeared to me as if he had been drinking, under the influence of liquor some.

Question. At what time was this, and what part of the town was it in?

Answer. It was to the best of my opinion between 12 and 2 o'clock. I saw him opposite Mr. Leut's saloon.

Question. Who was with him at the time?

Answer. Lieut Wharton, Mr. Osbourne, and three or four


[page 15]

citizens I don't know who they were.

Question. How came you to recognize the accused?

Answer. I heard the party coming up the street, and talking loud [sic]. they appeared to me as if they were quarrelling. I heard one of the party tell Mr. Osbourne who was ahead to hold on. Lieut Wharton was the person to the best of my knowledge. Osbourne replied that he did not hold on for puppies. Lieut Wharton then came up and knocked him down. Sergeant Allen then went between Lieut Wharton and Osbourne and Lieut Lynde then struck Lieut Wharton and called him "A damned son of a bitch". Lieut Wharton replied by calling him the same. I then went between Lieuts Lynde and Wharton and told them to stop quarrelling in the street. Lieut Lynde replied that Mr. Osbourne took up the fight for him, and that he (Lieut Lynde) would fight for him. the parties separated then, and went away. I don't know which way they went.

Question. Did Lieut Wharton do or say anything at the time to Lieut Lynde which caused the blow?

Answer. No sir, to the best of my knowledge he neither did or [sic] said anything.

Question. Did you again see the accused that morning and if so where was it and under what circumstances?

Answer. About fifteen or twenty minutes afterward. I went up to the ten pin alley in Fairfield, and saw Lieuts Lynde and Wharton and Mr Osbourne there, I saw Lieut Lynde



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Case 8 Page 13

go up to Lieut Wharton and call him some names. I was some distance off, and don't know what they were. Lieut Lynde struck at Lieut Wharton. I could not say whether he hit him or not. Lieut Lynde then threw off his coat + vest and took his watch off, and wanted Lieut Wharton to fight him. I told them that if they did not stop quarrelling I would go for the Field Officer of the Day. I did go for the Field Officer of the Day, and he came down to the Settlement when he came he saw Lieuts Lynde and Wharton at the corner of the stone fort, and ordered them both home to their quarters.

Question. Did Lieut Lynde obey this order?

Answer. When the Field Officer of Day [sic] went away, Lieut Lynde went down town.

Question. Who were present when the row occurred between Lieuts Lynde and Wharton, at the bowling saloon?

Answer. There was quite a crowd. I could not give their names, some soldiers and some citizens.

Question. How came you to be in town at that hour of the night?

Answer. I was on duty there, as Provost Sergeant.

Question. Did you see Lieut Wharton offer any insult to Lieut Lynde that night?

Answer. In discourse he did, by replying to Lieut Lynde in the same way as he had been spoken to.

Question. What was the character of the place in which the



[page 17]

row occurred, was it public or private?

Answer. It was a public place.

Question. Why did you go for the Field Officer of the Day?

Answer. To stop the row between Lieuts Lynde and Wharton.

Question. What condition was Osbourne in at the time you saw him in saloon, as regards liquor?

This question was objected to by the accused, as Mr Osbourne is not a party to this investigation.

The Court was cleared for deliberation upon the question and the objection was sustained. The Court was again re-opened, and the decision announced.

Cross-examined by the accused. You have stated that Lieut Lynde appeared under the influence of liquor. to what extent did he appear so?

Answer. He appeared to be pretty well under the influence, as he staggered about in walking.

Question. Did he exhibit any other indications?

Answer. In his talk and language, the way in which he would express himself.

Question. What was Lieut Wharton doing at the time he was struck by Lieut Lynde, as you have stated. was he standing still, or was he advancing?

Answer. I should think he was rather going backwards.

Question. Was he going in the direction of Lieut Lynde



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Case 8 Page 15

Answer. He was going by him--he was rather in front when he struck Osbourne, and went backwards about two paces from the right of Lieut Lynde, and it was there that Lieut Lynde struck him.

Question. Was he facing Lieut Lynde?

Answer. No sir--they were side by side.

Question. Did Lieut Lynde make any remark before the blow was given?

Answer. He called Lieut Wharton "A son of a bitch" before he struck him.

Question. Was Lieut Lynde standing when he gave the blow?

Answer. Yes Sir.

Question. Why did Lieut Lynde say that Osbourne had taken up the fight for him. had any previous difficulty occurred?

Answer. I could not say. I don't know.

Question. How were Lieuts Lynde and Wharton occupied when you first entered the bowling saloon?

Answer. They were some distance from each other, they were not speaking, or doing anything, that I could see.

Question. Did you enter the saloon with the other Provost Sergeants, and what was the relative position of Lieuts Lynde and Wharton when you first saw them there?

Answer. I entered with the other Provost Sergeants, and to the best of my knowledge Lieut Lynde was standing



[page 19]

at the corner of the bar. Lieut Wharton was standing towards the centre of the bar, on Lieut Lynde's left.

Question. How did the difficulty in the saloon commence?

Answer. I saw Lieut Lynde walk up to Lieut Wharton.

Question. What was the order given by the Field Officer of the Day to Lieuts Lynde and Wharton?

Answer. To the best of my knowledge, to retire to their quarters immediately.

Question. Have you had any conversation with any of the other Provost Sergeants in relation to the testimony to be given in this case. if so, with which of them, and what was it.

Answer. I had conversations at different times and we all wrote down a statement of it next morning.

Question. Were those statements made by each of his own knowledge or were they the results of the conversations you had?

Answer. They were made from our own knowledge, and conversations.

Question. How much if any of your testimony given today has been influenced by the conversations held with the others, or is it all exactly as you repeated to them before hearing their statements of the various occurrences described?

Answer. I gave my evidence according as I heard the


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Case 8 Page 17

difficulty and the expressions I heard Lieuts Lynde and Wharton make.

Question. On the morning after the affair, when you say each wrote a statement of it, did you and the other Provosts at that time or subsequently compare these statements?

Answer. There were two of us present at the writing of the first statements, and to the best of my knowledge, it was shown to the third before it was given to the Field Officer of the Day.

Question. Is the Court to understand that your testimony has been entirely uninfluenced by the recollections of any other persons?

Answer. Yes Sir.

Question. Do you know at what time Lieut Lynde crossed the creek to return to camp?

Answer. I do not.

Re-examined by Judge Advocate. Explain to the Court the object in writing the statements about the row between Lieuts Lynde and Wharton?

Answer. So that I could remember it, and to the best of my knowledge give my evidence.

Question. Was it written before conversation with the other Provost Sergeants.

Answer. It was written after it.

Question. Was there any other statement of the row written, if so when and for whom it was written.


[page 21]

Answer. There was one written for the Field Officer of the Day, by some one, and I wrote one of my own, and I saw the one the Field Officer of the Day got. it was written on the morning of the 4th of July 1859.

Question by the Court. Have you your written statement now in your possession, if so have you referred to it today?

Answer. I have not and have not referred to it today.

Question. What was the precise remark made by Lieut Lynde when he struck Lieut Wharton in the street, was there anything in it about don't you interfere with me?

Answer. To the best of my knowledge he called him "A god damned son of a bitch", to the best of my knowledge, there was nothing said about interfering.

His testimony was read over to him, and the witness withdrew.

testimony of 2nd Lt Jesse B Wharton [manuscript pages 18-25]

2nd Lieutenant Jesse B. Wharton 7th Infantry a witness for the prosecution was duly sworn.

Question by Judge Advocate. Were you in the town of Fairfield on the morning of the 4th of July 1859. if so did you meet the accused there?

Answer. I was there on the night of the 3rd and the morning of the 4th of July 1859 and met the accused there several times.

Question. Did any difficulty occur between you, and if so state what it was.



[page 22]
Case 8 Page 19

Answer. There was no difficulty between us until towards morning, when I was standing on the sidewalk, the accused and Mr. Osborne passed by. I made some remark. I don't know what it was--where are you going or something of that kind--nothing insulting however either in the tone or words. they passed by, and after they had got by, Osbourne said "we don't talk to puppies". I immediately followed him a few steps, and asked him, if that was him, who had spoken, and he replied, "I am the man." I then struck him with my fist, and knocked him down, across the ditch, and advanced towards him: as I did so, I felt some one strike me on the back parts of the face from behind. I immediately turned around, and saw the accused, in a position which justified me in believing that he had struck the blow. I drew off to strike him, as I did so, one of the Provost Sergeants, I think Sergeant Pendergast, I am not certain, caught hold of me, and held me, and in a moment of passion, I said you "Son of a bitch. I will pay you for this." or words to that effect. these were the first insulting words I had spoken to the acccused that night. I then walked down the other way, and the accused and Osbourne walked up the street, I thought they were going home. I staid [sic] along there, for fifteen or twenty minutes, I don't remember how long it was. I then walked up to the corner of the Stone Fort, seeing a light in the bowling saloon, it being the only place open in town. I walked over there, not supposing for a moment, that the



[page 23]

accused was there, in fact not thinking about it at all. I walked in without saying a word to the accused. I was there probably five minutes. I said nothing to the accused, or he to me, until he saw the Provost Sergeants coming in the door. when he saw them he commenced cursing, in a loud, and boisterous manner, using very abusive epithets to me, at the time the Provost Sergeants came in between us, one of them had hold of me. the accused then ran up and struck me in the face, while the sergeant had hold of me. He then called me, among other things "A damned, thieving Son of a bitch." While the Sergeants had hold of me, he jerked off his coat, and pulled up his sleeves, and said he could whip me, or any other "Son of a bitch" like me. I asked the Sergeant two or three times, to let me go, finally told him, if he would let me go, I would use no violence. he did so, and I went and sat down in a chair by the door. the accused continued talking, in that manner, and came up in front of the chair where I was sitting. "I told him that was not the place, to settle these difficulties, and he knew as well as I did, that we could not fight there, + that was what made him talk so, at the proper time and place I would see him." in the mean time Sergeant Boyle had gone for the Field Officer of the Day, and it was that only that prevented

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Case 8 Page 21

me from going out of the Saloon. I thought, as the Field Officer of the Day was coming, I would stay. in a few minutes he did come, and the accused, upon seeing him, walked up to him, and spoke to him in a rapid tone of voice I understood him to say, that I had attacked him twice that night, and was there following him for that purpose. I then spoke to the Field Officer of the Day, and told him that if he would listen a minute, I would convince him, that what the accused said was untrue. he told us both that he had no time to talk to us, and ordered us both to our quarters.

Question. Had you on that night offered any insult to Lieut Lynde, which would justify him in attacking you.

Answer. Not knowingly at all, until after he had struck me.

Question. What was his condition as regards liquor, that night?

Answer. I think he was very much intoxicated.

Question. Was the bowling saloon, in which this occurred, a place of public resort?

Answer. Yes sir, it was a public barroom, and bowling Saloon.

Cross-examined by the accused. What caused Mr. Osbourne to make the remark, that we do not talk to puppies?

Answer. That I could not say. certainly not the remark that I had addressed to him. I think Mr. Osbourne was so drunk that he did not know what he was saying.



[page 25]

Question. Where was Lieut Lynde at the time he struck you?

Answer. He was behind me I think. I did not see him when he did it. I could not swear that it was he, who struck me.

Question. Which side of the ditch was Lieut Lynde on when he struck you?

Answer. I don't know, when I turned I think he was on the inside, next the house. he must have been on the inside yes I was there.

Question. Which side of the ditch were you on when you struck Mr. Osbourne?

Answer. I was on the inside.

Question. Had you had, on a previous occasion, any difficulty with the accused?

Answer. Yes Sir, a few nights before I had, but I understood it to be all amicably settled. We parted in a friendly manner that night.

Question. What was it?

Answer. I had understood that he had make [sic] some remark about me, which I considered as highly insulting, and asked him about it. I did use some angry language to him, but nothing that I consider abusive, or insulting. he denied having made the remark, and after some more words Mr. Skudder came to where we were standing and



[page 26]

Case 8 Page 23

said it was all nonsense, and we agreed to let the matter drop, and all went into a saloon, and took a drink. I saw him next day, and spoke to him as though nothing had occurred.

Question. Did you say anything about his not walking the streets, if so what was it?

Answer. I don't recollect saying anything to him about not walking the streets.

Question. Did you tell the accused, that he had better not walk the streets at night with his uniform on?

Answer. No sir, nothing of the kind.

Question. Did the accused make any remark to you as he struck you in the street, about interfering with him?

Answer. I did not hear any.

The Court adjourned at 1.45 PM to meet at 10 A.M. tomorrow.

10 O'Clock A.M.
July 16th 1859
The Court met pursuant to adjournment. present
1.Lieutenant Colonel Marshall S. Howe2nd Dragoons
2.Captain Henry Little7th Infantry
3.Captain Carter L. Stevenson5th Infantry
4.Captain Henry F. ClarkeSubsistence Department
[page 27]
5.Captain Albert Tracey10th Infantry
6.1st Lieutenant Delavan D. Perkins4th Artillery
7.1st Lieutenant William Clinton10th Infantry
8.1st Lieutenant John H. Forney10th Infantry
9.1st Lieutenant Francis J. Shunk [?]Ordnance Department
10.1st Lieutenant Stephen H. Weed4th Artillery
11.1st Lieutenant George A. Gordon2nd Dragoons
1st Lieutenant William A. Webb 5th Infantry Judge Advocate.
2nd Lieutenant Charles J. Lynde 5th Infantry; the accused

The proceedings of yesterday having been read over, 2nd Lieutenant Jesse B. Wharton 7th Infantry was called into Court, and his crossexamination continued.

Question. In your testimony yesterday, you stated that you used angry language to the accused when a difficulty occurred between you on a previous occasion. What was it?

Answer. I told him, that I had undertood from good authority, that he had made certain insulting remarks about me, and I wanted him to distinctly understand, that he could not insult me with impunity, and depend upon his buttons, and shoulder straps, for protection, as he had been in the habit of doing, with wagon masters, teamsters, and barkeepers.

Question. Was it not natural for the accused to suppose when you entered the bowling saloon, that you were following him?


[page 28]

Case 8 Page 25.

Answer. When I first went in it would be a very natural supposition, but from my conduct afterwards, I hardly think it could have been natural for him to suppose that I came there for that purpose.

Question. Are you not now under charges preferred in consequence of the difficulties, concerning which you have testified?

Answer. Yes Sir.

His testimony was read to him, and the witness withdrew.

testimony of Captain Henry Heth 10th Infantry [manuscript pages 25-28]

Captain Henry Heth 10th Infantry, a witness for the prosecution, was duly sworn.

Question by Judge Advocate. Did you visit the town of Fairfield on the morning of the fourth of this month, if so, did you see the accused there, and under what circumstances.

Answer. I visited the town of Fairfield, on the morning of the fourth of this month, as Field Officer of the Day, and saw the accused, Lieut Lynde there, a Provost Sergeant reported to me, that there had been a difficulty between two officers a short time previous, at this time Lieuts Lynde and Wharton and a Mr Osbourne came out from the bowling alley. Lieut Lynde came up to my horse, and said, I have to report a difficulty, which occurred, between Lieut Wharton and myself. Lieut Wharton for several days, has been following me around, and has repeatedly insulted me; he has even gone so far as to call me "A son of a bitch." I however will not allow myself to be


[page 29]

insulted by such a person. This evening he again insulted me, calling me "A son of a bitch" and I struck him, this occurred in the street. We then adjourned to the bowling saloon, and I wanted Lieut Wharton to fight me, a fist fight, but he declined. I told Lieut Wharton that I was willing to fight him a fist fight, then or at other time. Lieut Wharton moreover, said in reply to a remark made by me, "that I respected the button." that he did not care a damn for the button. I then ordered Lieut Lynde to repair immediately to his quarters.

Question. What was his condition, as regards liquor at the time?

Answer. I think he was very much intoxicated.

Question. Did he obey your order, to repair to his quarters?

Answer. I do not know. I visited the Depot, and Convict Guards, and then returned to the Mormon settlement, and was told, that he had gone a few minutes before I had reached the settlements. this was an official report from a Provost Sergeant.

Question. What did you think the object of Lieut Lynde was in making this report to you?

The accused objects to the question; it involves the opinion of the witness, as to the motives of the accused, which motives form a portion of the subject matter of the 2nd



[page 30]

Case 8 Page 27
specification to the 1st Charge, which the Court is here to pronounce upon.

The Court was cleared for deliberation, and decides to sustain the objection. The Court was then re-opened and the decision announced.

Question. What did you understand the object of Lieut Lynde to be, in making this report to you, and your reasons therefor?

Answer. I thought that he wished to justify his course and acts, by the insults, which had been not only on that evening, but on previous evenings, heaped upon himself, by Lieut Wharton. my reason for thinking so was his statement.

Cross-examined by the accused. Was this explanation called for by you from Lieut Lynde or was it volunteered by him?

Answer. It was volunteered by Lieut Lynde.

Question. Did not I tell you that Lieut Wharton had followed me to the ten pin alley, instead of that we had adjourned there?

Answer. I think it is probable that those were his words, that Lieut Wharton followed him there, though I cannot say it positively.

Question. What was Lieut Wharton's condition as regards sobriety?

Answer. I cannot say, as Lieut Wharton was some eight



[page 31]

or ten steps from me, during the time that Lieut Lynde made his statements and after Lieut Lynde had finished, he said, if you give me time, I can prove everything Lieut Lynde has said to you to be false, that's all he said. I ordered him to his quarters, and he immediately went across the bridge.

Question. Did the accused make any remark to you, after the order you gave him?

Answer. He asked me, whether he was in arrest. I told him no.

Question. Have you given the exact language, used by Lieut Lynde?

Answer. If not the precise words, to the best of my knowledge, and belief, I have given the meaning, and import, of what he said.

His testimony was read to him, and the witness withdrew.

Defense case [manuscript pages 28-32]

The prosecution here closed, and the accused entered upon his defense.

testimony of Mr George F Hall [manuscript pages 28-29]

Mr. George F. Hall (citizen) a witness for the defense was duly sworn.

Question by accused. Did you meet Lieut Lynde on the night of the 3rd of July 1859. if so, where, and with whom, was he, when you last saw him.

Answer. If it was the same night he had this difficulty



[page 32]

Case 8 Page 29

I did. I don't remember the date, it was in our store in Fairfield. Mr. Osbourne and myself were with him.

Question. What was his condition, as regards sobriety, at that time?

Answer. I did not notice anything out of the way in him.

Question. How long was Lieut. Lynde with you that evening, and about what hour did he leave?

Answer. He was with me an hour + a half; as near as I could judge it was about 11 or 11 1/4 when he left.

Cross-examined by Judge Advocate. Did he drink any liquor while in your company?

Answer. He drank twice I think. he drank one glass of sherry at my store. I don't know what the other drink was--either wine or beer.

testimony of Mr W J Osbourne [manuscript pages 29-32]

Mr. W. J. Osbourne (citizen), a witness for the defence, was duly sworn.

Question by accused. After Lieut Wharton had made the attack upon you, on the night of the 3rd July 1859, did he make any demonstration towards Lieut Lynde, which would lead you to believe, that he intended attacking Lieut Lynde. if so state what it was?

Answer. After Lieut Wharton and I had the difficulty I fell backwards into the ditch, and pulled Lieut Wharton with me, with one hand, and he stepped past me to recover himself from falling, and immediately returned back upon the pavement in the direction of Lieut Lynde


[page 33]

and came within two paces of him. he was still advancing, when I heard Lieut Lynde make his remark.

Question. From Lieut Wharton's Manner, could Lieut Lynde have reasonably anticipated, that Lieut Wharton intended to strike him?

Answer. That was the conclusion that I arrived at.

Question. At this time, did you hear the accused say that you had taken up the fight for him, and that he would fight for you?

Answer. No sir.

Question. Where did you go, after leaving Lieut Wharton, and why?

Answer. We started to come up to camp, and we went into the bowling saloon. the reason why we went there was, when we got opposite the stone Fort, Lieut Lynde looked back, and said Lieut Wharton was following him, and he would go in there to avoid him.

Question. How long did you remain with the accused after this?

Answer. From an hour and a half, to two hours.

Question. Did you hear him make any remark, about returning to his quarters, if so what was it?

Answer. I heard him say he had been ordered home, and he must go.

Question. How long after the order was given, was it



[page 34]

Case 8 Page 31

before he did go?

Answer. I think it was not over ten minutes after Capt Heth gave him the order, that he was on this side of the bridge.

Question. Were you with him when he passed the bridge?

Answer. I was, I came with him to his quarters.

Question. During the time Lieut Lynde was with you did you know him to drink at all, if so how often?

Answer. I only saw him take one drink.

Question. Do you know anything that had occurred, prior to the 4th inst between Lieuts Wharton and Lynde, that would lead Lieut Lynde to believe, that it was the intention of Lieut Wharton, when he approached him, in the street, on the morning of the 4th inst, to attack him, if so, state to the Court what that difficulty was.

Answer. The only difficulty that I ever saw, between the Gentlemen, was one evening about ten days before this at Mr. Leut's [?] saloon. I met Lieut Lynde there, a few minutes after Lieut Wharton came, and called me out, and told me 'that he had understood, that Lieut Lynde had used abusive language about him, that day at the dinner table, and requested me to call Lieut Lynde out so that they could have it explained. I did so. When Lieut Lynde came out, he told him, that he understood that at the dinner table at Mr. Drum's that day, he had



[page 35]

made use of insulting language about him. Lieut Lynde remarked, that he was not aware of it, that he had not used any language that day, or any other, to insult, or abuse, him. Lieut Wharton then remarked that he was down there without his uniform, that he did not care anything about his uniform, that he was just as good without, as with it, and that Lieut Lynde had better throw off his uniform when he came down there, or keep away from there, if he did come down there, it would not do him any good, to call upon Provosts.

Cross-examined by Judge Advocate. What condition were you in as regards sobriety, during the time you were with Lieut Lynde, on the night of the 3rd of July 1859.

This question was objected to by a member of the Court, as irrelevant.

The Court was cleared, and the objection sustained. The Court was then re-opened, and the decision announced.

Question by Court. Did you hear the order given to Lieut Lynde, by the Field Officer of the Day, to go to his quarters?

Answer. I did.

Question. Where was the drink you have spoken of taken, was it at Mr. Hall's?

Answer. It was at Mr. Hall's.

This testimony was read over to him and the witness withdrew.



[page 36]

Case 8 Page 33.

The Court adjourned at 1.45 P.M to meet at 10 A.M. on Monday the 18th inst.

meeting at 10 AM on 18 July 1859 [manuscript pages 33-34]


10 O'Clock A.M
July 18th 1859.

The Court met pursuant to adjournment. present

1.Lieutenant Colonel Marshall S. Howe2nd Dragoons
2.Captain Henry Little7th Infantry
3.Captain C. L. Stevenson5th Infantry
4.Captain Henry F. ClarkeSubsistence Department
5.Captain Albert Tracy10th Infantry
6.1st Lieutenant Delavan D. Perkins4th Artillery
7.1st Lieutenant William Clinton10th Infantry
8.1st Lieutenant John H. Forney10th Infantry
9.1st Lieutenant Francis J. Shunk [?]Ordnance Department
10.1st Lieutenant Stephen H. Weed4th Artillery
11.1st Lieutenant George A. Gordon2nd Dragoons
1st Lieutenant William A. Webb 5th Infantry Judge Advocate.
2nd Lieutenant Charles J. Lynde 5th Infantry the accused.

The proceedings of yesterday having been read over, the accused stated, that he had no further testimony to offer in his defence, and requested until 10 O'Clock A.M tomorrow to prepare his written defence, which was granted.



[page 37]

The Court adjourned at 1 P.M. to meet at 10 A.M. tomorrow.


meeting at 10 AM on 19 July 1859, including the decision of the court [manuscript pages 34-35]



10 O'Clock A.M
July 19th 1859.

The Court met pursuant to adjournment. present

1.Lieutenant Colonel Marshall S. Howe2nd Dragoons
2.Captain Henry Little7th Infantry
3.Captain Carter L. Stevenson5th Infantry
4.Captain Henry F. ClarkeSubsistence Department
5.Captain Albert Tracy10th Infantry
6.1st Lieutenant Delavan D. Perkins4th Artillery
7.1st Lieutenant William Clinton10th Infantry
8.1st Lieutenant John H. Forney10th Infantry
9.1st Lieutenant Francis J. Shunk [?]Ordnance Department
10.1st Lieutenant Stephen H. Weed4th Artillery
11.1st Lieutenant George A. Gordon2nd Dragoons
1st Lieutenant William A. Webb 5th Infantry Judge Advocate.
2nd Lieutenant Charles J. Lynde 5th Infantry the accused.

The proceedings of yesterday having been read over, the accused presented and read the defense appended to these proceedings (marked "A").


[page 38]

Case 8 Page 35.

The Court was then cleared for deliberation, and after mature consideration upon the evidence adduced finds the accused as follows.

Of the 1st Specification to the 1st Charge,Guilty
Of the 2nd Specification to the 1st Charge,Not Guilty
Of the 1st Charge,Guilty
Of the Specification to the 2nd Charge,Not Guilty
Of the 2nd Charge,Not Guilty
and the Court does therefore sentence him 2nd Lieutenant Charles J. Lynde 5th Infantry to be dismissed the Service.
M. S. Howe
Lt Col 2d Dragoon
Pres of Court

W. A. Webb
Lt 5 Infantry
Judge Advocate

September 5th 1859. The sentence of the court, after careful examination, is approved.
James Buchanan

General Order No 20 (A.G.O.) September 7 1859

Statement by 2nd Lt Charles J Lynde, marked "A"


[page 39]

1

"A"

Time was when the 4th of July was presumed by all to give an extra license of excitement to young men, and the errors that its ebulitions [?] and indulgences might cause, and unless they were something more than undignified, more henious than informal, a great deal of allowance used to be made on that day for breaches of decorum, that did not grossly violate the point of place, and the circumstances and moment in which they occurred.

On the morning of the fourth of July I was in the adjacent village of Fairfield. When passing along the street with a friend, we were accosted by some one in a manner which was considered insulting. My companion retorted and was knocked down for his reply. I perceived that the assault was made by Mr. Wharton with whom I had a difficulty some days previous, and whom I had every reason to believe entertained a hostility to me.

After prostrating my companion, Mr. Wharton turned quickly and advanced towards me in a manner which entirely satisfied me, that he intended assaulting me also. I told him not to interfere with



[page 40]

me, and when he came within reach of my arm struck him, at the same time giving utterance to my great disdain.

I maintain that the blow was given in self-defence. The policemen of the place, Provost Sergeants of the Army, then stepped in and parted us.

Mr. Osborne the gentleman in question tells you that he believes Lt Wharton was advancing to attack me. This was my impression, the more especially, as I considered attack made under such circumstances upon my companion to be, even in the absence of any other demonstration, the commencement of an attack on me, and that Mr Wharton was following it up.

Mr. Wharton rather thinks in his testimony that in accosting us, he did not do so opprobriously, but the only inference which the Court can properly draw from the retort, and from the affray which took place in consequence of being thus addressed is, that Mr. Osborne at least thought so. I cannot permit Mr. Wharton, or any one else to decide for me when I am either insulted or attacked. Mr. Wharton, whatever he may aver to the contrary, did renew the former



[page 41]

3

difficulty between us and his attack upon my friend and his advance upon me were insults to myself.

The evidence exhibits that after the personal collision between us, we separated. That on looking back I perceived Mr. Wharton following me, that I remarked this to my companion, and proposed to him to turn off with me to a bowling salloon [sic] near by, to avoid him. We did so. Shortly after we had gone in Mr. Wharton entered also. Mr. Wharton himself tells you, it was reasonable for me to suppose when he first entered, that he was following me. I thought so then - I think so now.

Smarting under the irritation of having my steps dogged through the village, by one whom I had recently left under circumstances of considerable excitement, I regret to say, I did in the succeeding collision make use of language, which however much I may lament it afterwards and be ashamed of it, was by no means the subject of deliberation. Its unmeaningness is as evident as its violence and it adds nothing to the insult of a blow.

The Court will but remember that in this



[page 42]

matter Mr. Wharton is an interested witness, that he is now under Charges growing out of the very transactions concerning which he has testified, that these Charges have been ordered to be investigated by this Court and I am confident it will receive with all due allowance his impressions [?] of the whole difficulty between us, from the original one some ten days before, until directed to go to our quarters on the morning of the 4th.

Every individual is himself the Judge of when he feels himself insulted, and there is no power on earth that can change my conviction of Lt. Wharton's acts and manner toward me.

With regard to the second Specification it contains three averments.

1st That I told Capt. Heth that I had been repeatedly insulted and followed by Lt. Wharton

2nd That what I told him was with the view of screening myself and throwing blame on Lt. Wharton.

3rd That what I told him was without foundation.

Mr Osborne testifies that Lt. Wharton threatened me that I should not come over to the village and

4

[page 43]

5

depend upon my uniform for protection +c. The plain inference is that I was to consider myself as under a permanent threat of punishment by him. Coupling this with his attack upon my friend in my immediate presence, and his rapid advance upon myself, and the Court will surely conclude, that I was correct in the impression of insult and attack, and acted in the first affray entirely in the defensive. Mr. Wharton in his testimony has forgotten to remember, and consequently as I was alone at the time there is no record of it, that an evening or two previously, on the occasion of my making a visit to the same village, he had perseveringly and insultingly followed me through the streets without any ostensible reason disconnected with my movements, until the conviction was forced upon me that it was done to annoy and insult me.

My interview with Capt. Heth was just after an exciting personal collision with Lt. Wharton, brought on by his pursuing me into the bowling saloon, and much of my manner may be very properly attributed to this excitement.

How any man can imagine that I made the



[page 44]

statement to Capt. Heth, to screen myself is incomprehensible.

The meeting was an accidental one on my part, and there was no necessity for my saying anything to him at all in regard to the difficulty between us. He could not take ultimate action in the matter. The utmost of his authority was the preservation of order. Capt. Heth does not pretend to give the exact language used by me and for the purpose of Justice, exact language in repeating an affair of such grave importance as this is indispensible. A variation of a word or two may change the whole tenor of the remarks, converting that which may have been perfectly proper, into what may prove highly culpable. What I did tell Capt Heth was that a difficulty had occurred between Lt. Wharton and myself; that he had several times insulted me, and had been following me around the streets and was then following me; that I would not submit to it and that I had struck him, +c. The language ascribed by me to Lt Wharton was so ascribed as the consequence of the blow not the cause of it. There could have been no possible motive for misrepresentation even had I


6

[page 45]

7

been capable of it. The circumstances under which the statement was made add additional significance to Capt. Heth's remark, that he gave only the substance of it. The impression that his testimony would seem to convey to the Court is not that intended to have been conveyed to him. I reply with scorn and indignation to the imputation of falsehood. The Court will in vain search for my motive to induce it. There is a double motive assigned in the Specification, but one moments [sic] thought in regard to it will show, how utterly absurd it is. To screen myself it says. To screen myself from what? In vain will any officer seek for an answer to that question, other than that there was nothing to screen myself from.

"To throw blame on Lt Wharton". To what end could I wish to throw blame on Lt. Wharton in Capt. Heth's mind. Could my blaming Lt Wharton, in the mind of Capt. Heth be in any way serviceable to me, or detrimental to him? Not in the least.

Capt. Heth's reply to a remark of Mr. Whartons [sic] that "he had no time to listen" indicates strongly that in the hurried interviews between us, he did not obtain a just comprehension of my account of the several difficul-



[page 46]

8

ties with Mr. Wharton

But it is necessary for the Court to believe that I was afraid of Capt. Heth in order to believe that I desired to screen myself from his unfavorable opinion. It is necessary for the Court to believe that Capt Heth's unfavorable opinoin of Mr. Wharton in the matter about which I told him could in some way or other be injurious to Mr. Wharton. But if Capt. Heth were ever so propitiate or impropitiate the effect to Lt. Wharton and myself would be identically the same.

The view which I now give in this paper of the facts involved in the first and second specifications, I strongly aver to be the truth, according to the best of my understanding, and it is not likely that in opening, myself, this narration to Capt. Heth in the moment of excitement that I should give as a reason why I was hurt and angry, and fighting with Lieutenant Wharton


8

[page 47]

9

any such story as that I assailed him first. But this is what the specification would seem to demand, that I should have said in order to have told the truth.

With regard to to [sic] the 2nd Charge and its Specification, the circumstances are simply these. The order was given for the purpose of quelling the disturbance. Lt. Wharton immediately proceeded in the direction of his quarters. As I had left a short distance from where we were a package which I wished to carry home with me, I proceeded leisurely to get it and having done so found myself in about ten minutes across the bridge and proceeding homewards. Mr. Osborne who testified on this point was with me from the moment the order was given until we reached my quarters.

In conclusion I have only to state in relation to the whole of the matter upon which I have been arraigned that a difficulty had previously occurred between Lt. Wharton and myself, that a second one was caused by his threatening advance upon me after attacking my friend and that it was renewed in the Bowling saloon by his pursuing me there, that there was no misrepresentation or


[page 48]

shadow of intention to misrepresent in the hurried and excited statement made to Capt. Heth, nor the slightest motive for misrepresentation or deception and that on receiving the order to go to my quarters I went within a few minutes and as soon as circumstances would permit.

Chas. J. Lynde
2nd Lieut. 5th Infy.

Request for clemency by court-martial panel [1 manuscript page]


[page 49]

The undersigned members of the General Court Martial before which was tried Second Lieutenant Charles J. Lynde, of the 5th Regt. of Infantry, feeling a sympathy for himself and his family and friends, particularly his Father, who is an old and meritorious Officer of the Army and regarding his case as in some respects peculiar and unfortunate, inasmuch as the offence took place upon a holiday, the 4th of July, and under the excitement of a supposed insult, and hoping also that his arrest and trial may have a salutary influence on his conduct and pride as an officer, respectfully recommend Lieut. Lynde to the clemency of the President, and beg a remission or commutation of his Sentence.

Henry Little Cap 7 Infy
Lt. J. Shunk 1st Lt Ordnance
Stephen H. Weed. 1st Lt. 4" Artillery
M. S. Howe Lt Col 2d Drags
GA Gordon 1st Lt 2nd Dragoons
Albert Tracy Capt 10th Infy

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