Thanks to Joe Fulginiti for this image
He was born in 1817/18, in Maryland. [sources: date: 35 (43 in 1861), 43 (72 in 1888), 50 (73 in 1888 or 1889), 57 (52 in 1880), 61 (72 in 1888), 64 (36 in 1850). place: 43, 50, 57, 61, 64]
On 28 July 1842, he was married to Susan Luxen, by Reverend J P Donelan, at Washington DC. (The marriage license was issued on 26 July 1842.) [source: 30]
In 1850, he was living in Washington DC. He was living with his wife Susan and daughter Rosa G. He was a turner. [source: 64]
In June 1861, he was first sergeant of the Home Guard company from the sixth ward of Philadelphia. [source: 47]
He was living in Philadelphia, Pennsylvania, when he was enrolled. [source: 35]
He enlisted at Philadelphia, Pennsylvania, on 20 August 1861, as First Lieutenant and Adjutant. According to the pension index, he also served in company E of the 91st PA (3); perhaps he initially enlisted in company E, but I have found no other evidence that he did. [sources: 30, 35 (no rank given), 63-64]
He was mustered into service, at Philadelphia, Pennsylvania, as adjutant on 4 December 1861. [sources: 1, 18, 35, 36]
He trained the non-commissioned officers while the regiment was at Alexandria, Virginia. A pseudonymous letter described him as "a general favorite", and claimed he expected everything to be done "in military style". [sources: 5, 56]
On 29 June 1862, he, along with the other commissioned officers in the regiment (except Colonel Gregory), signed a statement denying accusations that they were on the verge of open mutiny, that the regiment had been reduced to 400 men, and that Colonel Gregory was too lenient to Confederates and too harsh to men in the regiment. [source: 44]
On 8 August 1862, Major Todd ordered him to detail someone to relieve Lieutenant Brewster as Officer of the Guard at slave pen, because Brewster was drunk. He went to the slave pen with Lieutenant Shipley, and later testified that Brewster was lying in a lot away from his post, was unable to walk, and was "stupid". [source: 40]
He testified at Alpheus Bowman's court martial, on 20 August 1862. [source: 22]
A medical certificate, dated 24 October 1862, at a Camp near Sharpsburg, claims that "he has typhoid fever, under which he has been laboring for seven days". He was granted a leave of absence for 20 days on surgeon's certificate, by special order 299, HQ Army of Potomac, on 27 October 1862. He was absent on sick leave from 31 October 1862 through 16 November 1862. [source: 30]
On 14 January 1863, he was called to testify at the court-martial of John Downy, 133rd Pennsylvania Infantry for releasing Nathan Koshland. However, he testified only that he did not know anything about the case of his own personal knowledge. [source: 52]
He was granted a ten-days leave of absence by special order 133 [?] HQ Centre Grand Division, Army of Potomac, 4 February 1863, because of "important private business". He was reported absent with leave from 7 February 1863 (the earliest extant consolidated morning report) to 20 February, and then absent without leave from 21 February to 25 February. He had returned from being absent without leave on 26 February 1863. [sources: 20, 30]
On 27 April 1863, the regimental quartermaster, David Lentz, asked him to detail someone to take charge of the wagon with the Brigade Pioneers' knapsacks and rations. He detailed William H Carpenter. After loading the wagon, Carpenter asked Colonel Gregory to relieve him, and Gregory told him to have Tayman detail someone to relieve him. Carpenter told Tayman that he was to be relieved by Gregory's order. I suspect Tayman thought Gregory had detailed someone; in any event, no one was detailed, and the wagon remained in camp, when the Brigade moved. When Carpenter did get the wagon and distribute the knapsacks, some were missing, perhaps lost after the wagon rejoined the regiment. [source: 60]
On 3 May 1863, he was present at the Battle of Chancellorsville. He stayed with Colonel Gregory after his injury. Gregory insisted on staying on the field, but Tayman took his horse's head, and took him to the rear, until Gregory realized he needed to leave and David Baker took him away. Tayman apparently tried to find Lieutenant Colonel Sinex, to tell him that he was in command, but could not find him. [source: 60]
On 13 May 1863, he was placed under arrest by order of General Tyler (the Brigade Commander). According to General Humphreys, Tyler was trying "to damage him by preferring false accusations against him in connection with the battle of Chancellorsville", because Tyler knew "the good opinion I [sc. Humphreys] had of him [sc. Tayman] and his great regard for me". On 11 June 1863, Major General Sykes (the Corps Commander) ordered him "honorably released and restored to duty". [sources: 21, 25, 51]
On 25 May 1863, he was tried by court martial, with Colonel Kenner Garrard (146th NY) presiding over the court, and Elwell S Otis as Judge Advocate. He was charged with neglect of duty (in particular, having relieved without replacing an officer who was responsible for the Brigade Pioneer's knapsacks and provisions, and with not having informed Sinex that Gregory was wounded and had left the field on 3 May 1863), and with misbehavior before the enemy (in that he left the 91st on 3 May 1863 without permission, and stayed out of range of enemy fire, hiding behind a tree). He pled not guilty to both charges and all specifications. The Court not only found him not guilty, but also acceded to his request to honorably acquit him. Strikingly, both General Tyler and the aide who allegedly saw Tayman hiding were absent, "some place farther north", during Tayman's trial. It's tempting to wonder whether General Humphreys sent him north, to ensure that Tayman would not be convicted. Tayman signed the (incomplete) consolidated morning report, and carefully recorded his release, without mentioning the trial. [sources: 25, 51, 59, 60]
He was present at the Battle of Gettysburg, as regimental adjutant. [source: 9]
He was a witness to the charges and specifications Joseph Sinex filed against Morris Kayser. He testified in the court martial of Morris Kayser. [sources: 10, 24]
On 18 September 1863, he was reported present sick. James Closson was acting adjutant on 17 and 18 September 1863. Lieutenant Shipley was appointed acting adjutant on 19 September 1863. On 21 September 1863, the Army of the Potomac headquarters ordered him to go to Dr Abbott in Washington DC for medical treatment for "a severe attack of acute rheumatism". He was absent on sick leave from 23 September 1863. He received a 20-day extension of his sick leave, starting 23 October 1863. He returned on 14 November 1863, and Lieutenant Shipley was relieved as acting adjutant on 15 November 1863, with Tayman returning to duty as adjutant. [sources: 11, 12, 23, 27, 28, 29, 30, 32, 33]
He certified that George Eyre had died of a disease contracted in the line of duty. [source: 55]
He was granted another 20-day leave of absence on surgeon's certificate by special order 1267, HQ 5th Army Corps, 15 December 1863, because of "a severe attack of acute rheumatism". He was reported absent sick beginning 18 December 1863. He was still absent on 31 December 1863. [sources: 30, 34]
He was Adjutant in January 1864. [source: 58]
On 19 February 1864, he was detached as a recruiting officer, by order of the Superintendent of the Volunteer Recruiting Service, in Chester Pennsylvania. [sources: 13, 30]
He was post adjutant at the rendezvous for reenlisted men at Upland, Pennsylvania (where Edgar Gregory was commander). On 22 February 1864, he was placed on the recruiting service, with Walter Widdefield and Patrick Byrne as a permanent recruiting party under him. Sinex requested his return on 27 April 1864. He rejoined the regiment on 6 June 1864, at Cold Harbor. [sources: 4, 7, 14, 15; see also 38]
He was promoted to brevet captain, and then to brevet lieutenant colonel. [sources: 1, 35]
He was promoted on 18 August 1864 to brevet colonel. (According to the Official Army Register, he was promoted on 18 August 1864 to brevet captain.) [sources: 1, 2, 35]
On 10 September 1864, Howard Shipley was detailed as regimental adjutant; Tayman was detached with the 2nd Brigade, 1st Division, 5th Corps. On 16 September 1864, Tayman was "A B Inspector" [acting brigade inspector?], and on 4 October 1864, and 6 October. On 7 October 1864, he was "A.B.I." and acting assistant adjutant general, and still was on 14, 15, 23, 25, and on 31 October 1864. [sources: 16, 17, 19, 30, 41]
After the war, John Hamill claimed that Tayman stopped an order releasing him from arrest, "through malice more towards some other officers of the Regt than towards myself, but because they sided with me". Hamill was court-martialed, and found guilty; he claimed that "Col. Pearson of the 155th Regt Penn Vol ... pleaded my case before the Court, but Tayman had the inside track". [source: 39]
He mustered out on 4 December 1864 when his term expired, as first lieutenant and adjutant. He had served for 36 months. [sources: 1, 2, 28, 30 (3 Dec 64), 35 (3 Dec 64), 36 (3 Dec 64), 42, 50, 63-64 (adjt)]
On 21 April 1865, B J Tayman certified that Edward Shinkle (C) had received a pass to fall to the rear because he was ill, about 13 July 1863, and was supposed captured and dead. [source: 62]
He was appointed Major in the 7th United States Volunteers on 26 June 1865. But he was discharged by special order 647 (War Department, Adjutant General's Office), on 20 December 1865, because he did not pass the required examination. [source: 30]
At some point, he (apparently) married Jane Williams. (She is presumably the contesting widow who applied for a pension based on his service; unfortunately, her application was not in the pension packet I received.) She was born in Bristol, England, in 1831/32. They had at least these three children:
[sources: 3, 26, 53, 57]
In 1870, he was living in ward 20, Philadelphia, Pennsylvania. He was living with Jane (presumably his wife), and with Franklin, Hannah, and Sallie (presumably their children), and with Charles Williams. He worked in a factory. He owned $400 in personal property. [source: 57]
In 1880, Susan Tayman, a widow, 50 years old, was living in Washington DC. She had been born in Washington DC, her father had been born in Maryland, and her mother had been born in Washington DC. She was living with her daughter, Mary V Tayman, who was 20 years old, and had been born in Washington DC; her father was born in Washington DC. [source: 31]
In 1880, he was living at 1701 Bouvier Street, Philadelphia, Pennsylvania. He was a machinist. He was living with his wife Jane Tayman, and their three children: [source: 26]
He was probably admitted to the National Soldiers Home on 5 June 1888. If so, he was admitted from Pennsylvania, with rheumatism, and was not receiving a pension. [source: 43]
In April 1888, a Benjamin Tayman, of Philadelphia, was found standing in knee-high water and mud on a farm near Montandon, Pennsylvania. He had a ticket to Erie and a letter admitting him to the Soldiers' Home there, but could not explain how he had arrived on the farm. [source: 45]
He was admitted from Pennsylvania to the Southern Branch of the National Soldiers Home on 5 June 1888. He was married. He was a turner. He had rheumatism. He was not receiving a pension. He listed as the contact person his wife, Jennie Tayman, of 930 Lastain [?] Street, Philadelphia. [sources: 50, 61]
In 1888, he was (probably) present at the Southern Branch of the National Soldiers Home. [source: 43]
He died on 29 June 1889 or 1 July 1889 at the National Home, in Hampton, Virginia. He died of "Disease of Brain resulting in Apoplexy". He was not receiving a pension. He had rheumatism. [sources: 3 (29 Jun), 30, 50 (1 Jul), 54 (29 Jun), 61 (29 Jun)]
When she signed the "Declaration for Widow's Pension" on 29 December 1889, his widow, Susan Tayman, was 64 years old, and lived in the District of Columbia. She applied successfully for a pension on 6 March 1890. [sources: 3, 30, 37, 54]
On 31 March 1890, Jane Tayman's father, Charles Williams, wrote a letter to her, which refers to Tayman's military service. He expresses hope that she will receive a pension, and claims Tayman should have had one, since he wasn't as strong after service as before. [source: 53]
In 1890, Jennie Tayman (perhaps his widow?) was living at 940 Sartain Street, Philadelphia, Pennsylvania. (The only one at 940 Sartain Street in the 1890 Gopsill's directory, as transcribed on Ancestry, is William E Rose, a barber.) [source: 36]
On 30 December 1891, a contesting widow, Susan Tayman, also applied for a pension, but unsuccessfully. [sources: 3, 37, 54]
On 25 June 1900, Jane Tayman, Benjamin J Tayman's widow, died. [source: 46]
His widow, Susan Tayman, died on 23 November 1908. She was last paid through 4 September 1908, at $17 per month. She died of "Senile debility nosemia [?] [and] Coma". She was nursed by her children and grandchildren during her last illness, which lasted from 6 to 23 November 1908. The funeral home was William Sards [?] and Company. She was buried in Glenwood Cemetery, Washington DC. [source: 30]
On 17 December 1908, her granddaughter, Rosabella Maddox, of 632 F Street NE, Washington DC, requested reimbursement for funeral expenses. They included $175 for the funeral home, $23 for the livery, $6 for the cemetery, and $0.50 for the notice in the "Star", totalling $239.50. She had $170 in insurance, whose beneficiary was her daughter Mrs RG Maddox. [source: 30]
1 Bates, Samuel Penniman. History of Pennsylvania volunteers, 1861-5. Harrisburg: B. Singerly, state printer, 1869-71. 5 volumes. 'Ninety-first regiment', volume 3, pages 186-233. (In the roster)
3 pension index, by regiment (Benjamin J Tayman)
4 Welch, Joseph. 'Dedication of monument: 91st regiment infantry. September 12, 1889.' Pennsylvania at Gettysburg: ceremonies at the dedication of the monuments erected by the Commonwealth of Pennsylvania. Volume 1, 1914. Pages 500-507.
5 Walter, Thomas F. 'Personal recollections and experiences of an obscure soldier'. Grand Army Scout and Soldiers' Mail volume 3 number 35 page 2.
6 Thomas F Walter. 'Personal recollections and experiences of an obscure soldier'. Grand Army Scout and Soldiers' Mail volume 3 number 39 page 2.
7 Thomas F Walter. 'Personal recollections and experiences of an obscure soldier'. Grand Army Scout and Soldiers' Mail volume 3 number 44 page 1. (See another reference to Tayman as post adjutant on page 2.)
8 Thomas F Walter. 'Personal recollections and experiences of an obscure soldier'. Grand Army Scout and Soldiers' Mail volume 3 number 48 page 1. (See another reference to Tayman as post adjutant on page 2.)
9 Pennsylvania Memorial, Gettysburg, Pennsylvania
10 charges and specifications preferred against Morris Kayser.
11 special order 84, HQ 91st PA, 19 September 1863 [dated 19 September 1862]
12 special order 104, HQ 91st PA, 15 November 1863
13 letter, Sinex to Marvin, 7 March 1864
14 letter, Sinex to Fowler, 27 April 1864
15 special order 9, HQ 91st PA, 22 February 1864
16 letter, Sellers to Tayman, 16 September 1864
17 letter, Sellers to Tayman, 7 October 1864
18 Regimental descriptive book
19 special order 75, HQ 91st PA, 10 September 1864
20 consolidated morning report, 91st PA, 26 February 1863
21 consolidated morning report, 91st PA, 13 May 1863 (Adj Tayman)
22 Alpheus Bowman's court martial record
23 special orders received, #39, received 22 September 1863 (BJ Tayman)
24 record of Morris Kayser's court martial
25 consolidated morning report, 91st PA, 11 June 1863 (B J Tayman)
26 1880 US census, Pennsylvania, Philadelphia, supervisor's district 1, enumeration district 617, microfilm series T9, film 1188, page 94 A = 9 handwritten (Benj Tayman)
27 consolidated morning report, 91st PA, 18 September 1863 (not named)
28 consolidated morning report, 91st PA, 19 September 1863 (Adjt BJ Tayman)
29 consolidated morning report, 91st PA, 23 September 1863 (Adjt BJ Tayman)
30 pension file packet, National Archives and Records Administration (Benjamin J Tayman)
31 1880 census extract, on Familysearch (citing film T9-0121, page 228D)
32 consolidated morning report, 91st PA, 28 October 1863 (Adjt Tayman)
33 consolidated morning report, 91st PA, 14 November 1863 (Adjt Tayman)
34 consolidated morning report, 91st PA, 18 December 1863 (not named)
35 Civil War Veterans' Card File, available at the Pennsylvania State Archives, searched 5 May 2004 (Benj. J. Tayman)
36 1890 US census, veterans' schedule, Pennsylvania, Philadelphia, enumeration district [blank], page 2, line 19 (Jennie Tayman, [widow of?] Benjamin J Tayman)
37 pension index, by name (Benjamin J Tayman; 2 cards)
38 consolidated morning reports, 3 July 1864, 29 June 1864, and 10 June 1864
39 letter, John Hamill to Secretary of War, 11 February 1875 (B J Tayman)
40 court-martial record, E Carroll Brewster (Lt B J Tayman)
41 consolidated morning report, 91st Pennsylvania, 10 September 1864 (BJ Tayman)
42 consolidated morning report, 91st Pennsylvania, 4 December 1864 (Adjt Tayman)
43 Letter from the President of the Board of Managers of the National Home for Disabled Volunteer Soldiers, transmitting his report for the fiscal year 1888. Serial Set volume 2654, session volume 1, 50th Congress, 2d Session. House Miscellaneous Document 35. Pages 205 (Benj J Fayman [sic; this may not be him])
44 'Ninety-first Pennsylvania Regiment'. Philadelphia Inquirer, 11 July 1862, page 2 (B J Tayman)
45 'Through Pennsylvania'. Philadelphia Inquirer 23 April 1888 page 7 (Benjamin Tayman)
46 [death notice for Jane Tayman]. Philadelphia Inquirer 27 June 1900 page 15 (Jane Tayman)
47 'The Home Guard organization', Philadelphia Inquirer, 29 June 1861, page 2 (B J Tayman)
48 'Camp Chase', Philadelphia Inquirer 30 November 1861 (B J Tayman)
49 'Departure of Col. Gregory's regiment', Philadelphia Inquirer 22 January 1862 page 2 (BJ Tayman)
50 Report of the Board of Managers of the National Home for Disabled Volunteer Soldiers for the fiscal year ending June 30, 1890. Serial Set volume 2869, session volume 1, 51st Congress, 2nd Session. House Miscellaneous Document 38] (Benj J Fayman [sic])
51 Henry H. Humphreys. Andrew Atkinson Humphreys: a biography. Philadelphia: The John C Winston Co., 1924. Pages 265-267. (Lieutenant Tayman)
52 court martial, John Downy, 133rd PA, 14-15 January 1863, National Archives, Record Group 153 (Judge Advocate General, Army), file KK664 (Benj. J. Tayman)
53 e-mail, Amy Marie Lopez, 21 August 2007 (Benjamin J Tayman)
54 pension index, by regiment, 91st PA Infantry, company E (Benjamin J Tayman)
55 widow's pension certificate file, Mary A Eyre, certificate 12,069, application 15,805, National Archives and Records Administration, record group 15 (available on Footnote, accessed June 2009) (Benjamin J Tayman)
56 'Letter from the Ninety-first', Philadelphia Inquirer 5 February 1862, page 2 (the Adjutant)
57 1870 US census, Pennsylvania, Philadelphia, ward 20, district 65, microfilm series M593, film 1406, page 378 verso = 78 h/w (Benjiman [sic] Tayman)
58 'Arrival of the 91st regiment Pennsylvania volunteers' (Philadelphia Press 9 January 1864, page 2) (B S [sic] Tayman)
59 National Archives Archival Research Catalog (accessed 24 July 2010) (B J Tayman)
60 National Archives and Records Administration, Record Group 153: Records of the Office of the Judge Advocate General (Army), 1792-1982, general court martial, 25 May 1863 (Benjamin J Tayman)
61 National Homes for Disabled Volunteer Soldiers, 1866-1938, Hampton, Registers, T, transcribed from Ancestry (image 174 of 1131) 14 December 2011 (Benjamin J Tayman)
62 widow's pension certificate file, National Archives and Records Administration, record group 15, certificate number WC 111,870, Barbara Beveridge widow of Edward Shinkel (B J Tayman)
63 index to compiled service records of volunteer Union soldiers who served in organizations from the state of Pennsylvania (Benjamin F Taymon)
63 index to compiled service records of volunteer Union soldiers who served in organizations from the state of Pennsylvania (Benjamin J Tayman)
64 1850 US census, Washington DC, ward 7, microfilm series M432, film 57, page 122 verso = 64 handwritten = 244 handwritten (FamilySearch) (Benjamin J Tayman)
65 * muster-out roll, Pennsylvania Historical and Museum Commission, record group 19, series 19.11, records of the Department of Military and Veterans' Affairs (Benajmin J Tamen)
| line | 5 | 6 | 7 |
| Dwellings visited | [424] | ||
| Families visited | [501] | ||
| Name | Benjamin J. Tayman | Susan Tayman | Rosa G. " |
| Age | 36 | 23 | 4 |
| Sex | m | f | f |
| Color | |||
| Occupation of males over 15 years | Turner | ||
| Real estate owned | |||
| Birthplace | Maryld | Dist. Col. | do |
| Married within year | |||
| Attended school within year | |||
| Over 20 & can't read/write | |||
| Deaf, dumb, blind, etc. |
| line | 14 | 15 | 16 | 17 | 18 | 19 |
| Dwelling-house number | 561 | |||||
| Family number | 560 | |||||
| Name | Tayman Benjiman [sic] | - Jane | - Franklin | - Hannah | - Sallie | Williams Charles |
| Age | 52 | 37 | 15 | 13 | 12 | 16 |
| Sex | M | F | M | F | F | M |
| Color | W | W | W | W | W | W |
| Occupation | Works in Factory | Keeps House | Clerk in Office | Errand Boy | ||
| Real estate value | ||||||
| Personal estate value | 400 | |||||
| Birthplace | Maryland | England | Penna | " " | " " | " " |
| Father foreign born | 1 | |||||
| Mother foreign born | 1 | 1 | 1 | 1 | 1 | |
| Birth month if born within year | ||||||
| Marriage month if married within year | ||||||
| Attended school past year | ||||||
| Can't read | ||||||
| Can't write | ||||||
| Deaf, dumb, blind, etc. | ||||||
| Male US citizen at least 21 years old | 1 | |||||
| Male US citizen at least 21 years old who can't vote ... |
| line | 43 | 44 | 45 | 46 | 47 |
| street name | Bouvier Street | ||||
| house number | 1701 | ||||
| dwelling visit # | 79 | ||||
| family visit # | 79 | ||||
| name | Tayman Benj | - Jane | - Frank | - Anna | - Sarah |
| color | W | W | W | W | W |
| sex | M | F | M | F | F |
| age | 62 | 48 | 25 | 23 | 22 |
| month born if born in year | |||||
| relationship | Wife | Son | Daughter | Daughter | |
| single | 1 | 1 | |||
| married | 1 | 1 | 1 | ||
| widowed/divorced | |||||
| married during year | |||||
| occupation | Machinist | Keeping house | Sign Painter | At home | Stocking Weaver |
| months unemployed | |||||
| currently ill? | |||||
| blind | |||||
| deaf/dumb | |||||
| idiotic | |||||
| insane | |||||
| disabled | |||||
| school this year | |||||
| can't read | |||||
| can't write | |||||
| birthplace | Maryland | England | Penna | Penna | Penna |
| father's birthplace | Md | Eng | Md | Md | Md |
| mother's birthplace | Md | Eng | Eng | Eng | Eng |
| NUMBER OF EACH GRADE. | 1 | ||
| NAMES. PRESENT AND ABSENT. | Benjamin J Tamen | ||
| RANK. | adjt | ||
| AGE. | |||
| JOINED FOR SERVICE AND ENROLLED AT GENERAL RENDEZVOUS--COMMENCEMENT OF FIRST PAYMENT BY TIME. | WHEN. | Dec 4 /61 | |
| WHERE. | Phila Pa | ||
| BY WHOM. | Lt Col Ruff | ||
| PERIOD. | 3 yrs | ||
| MUSTERED INTO SERVICE. | WHEN. | Dec 4 /61 | |
| WHERE. | Phila Pa | ||
| BY WHOM. | Lt Col Ruff | ||
| LAST PAID. | BY PAYMASTER. | ||
| TO WHAT TIME. | |||
| TRAVELING. | To place of rendezvous, No. of miles. | ||
| From place of discharge home, No. of miles. | |||
| Clothing Act | Due U.S | ||
| Due Soldier | |||
| AMOUNT for clothing in kind, or in money advanced. | |||
| VALUE OF equipments, arms &c., received from the United States, to be paid for if lost or destroyed. | |||
| Bounty | Paid | ||
| Due | |||
| REMARKS | |||
| Discharged by reason of expiration of term of service Dec 3 /64 | |||
Montandon.--Benjamin Tayman, of Philadelphia, aged about 80, was found in a field on Watts farm, near here, Tuesday evening, dazed and bewildered, standing in mud and water up to his knees. He could give no account of how long he had been there, how he got there or from what train he had alighted. He had a ticket to Erie and a letter of admission to the Soldiers' Home at that place.
TAYMAN.--On June 25, 1900, Jane Tayman, wife of the late Benjamin J. Tayman. Funeral on Thursday, 28th inst., at 2 o'clock, from 1114 North street. Interment private.
" ... I send it [sc. a letter from Colonel Badeau] together with one from Lieutenant Tayman, Adjutant of the Ninety-first Pennsylvania Volunteers, Colonel (now General) [page 266] Gregory's regiment, one of my old Fifth Corps division. Learning that he was about leaving the service I wrote him a very brief note expressing my opinion of his faithful performance of duty under every circumstance. It is that note he replies to. Knowing the good opinion I had of him and his great regard for me, General Tyler endeavored to damage him by preferring false accusations against him in connection with the battle of Chancellorsville, of which the Court honorably acquitted him."
We insert Colonel Badeau's and Lieutenant Tayman's letters.
[I did not transcribe Badeau's letter]
Major General Humphreys.Pardon my liberty in thus familiarly addressing you, for the cold, formal "I have the honor" will in no degree [page 267] express the profound feeling of personal respect and esteem I have ever entertained toward you. A desire to answer your kind and valued favor of the 8th inst. so flatteringly complimentary to myself I now offer as my excuse for thus trespassing upon your valuable time. I beg of you to believe me, General, your friendly letter and honorary testimonial will be treasured and cherished by me during my entire life; and will be transmitted to my children with a history of its origin that the name of its author may have a place in their memories along with the name of their father and as one who held no second place in the galaxy of patriots during the Great Rebellion. Regretting that the pressing nature of my duties has compelled me so long to defer my acknowledgement of your highly prized communication, I most respectfully beg leave to subscribe myself,
Truly your obedient servant and friend,
Signed, B. F. Tayman, First Lieutenant and Adjutant, Ninety-first Regiment P.V., A.A.A.G. & A.B.I.; Second Brigade, First Division, Fifth Army Corps.
A General Court Martial is hereby appointed to assemble in the Camp of this Division at 12 M. to day or as soon thereafter as practicable for the trial of such officers + enlisted men as may be brought before it.
| 1 | Col. Kenner Garrard | 146th N.Y. Vols. |
| 2 | Lt. Col. David T. Jenkins | 146th N.Y. Vols. |
| 3 | Major Isaac F Force | 146th N.Y. Vols. |
| 4 | " William T. Corning | 146th N.Y. Vols. |
| 5 | Captain James Grindlay | 146th N.Y. Vols. |
| 6 | " Patrick H. Sullivan | 140th N.Y. Vols. |
| 7 | " Henry B. Hoyt | 140th N.Y. Vols. |
| [page 3] | ||
| 12 | ||
| 8 | Captain B. Frank Wright | 146th N.Y. Vols. |
| " Elwell S. Otis | 140th N.Y. Vols. | |
| Judge Advocate. | ||
The Court will meet without regard to hours.
By Command ofThe General Court Martial of which Col. K. Garrard 146th N.Y. Vols. was President is hereby appointed to re-assemble in the Camp of the 3rd Brigade at 10 A.M. on the 15th inst. or as soon thereafter as practicable
for the trial of such officers + enlisted men as may be brought before it.
By command ofThe Court met pursuant to the foregoing orders + adjournment.
| Present Col. Kenner Garrard | 146th N.Y. Vols. | |
| Major Isaac F Force | 146th N.Y. Vols. | |
| " William T. Corning | 146th N.Y. Vols. | |
| Captain Patrick H. Sullivan | 140th N.Y. Vols. | |
| " Henry B. Hoyt | 140th N.Y. Vols. | |
| " B. Frank Wright | 146th N.Y. Vols. | |
| " Elwell S. Otis | 140th N.Y. Vols. | |
| Judge Advocate. | ||
| Absent - Lt. Col. David T. Jenkins | 146th N.Y. Vols. | |
| Captain James Grindlay | 146th N.Y. Vols. | |
The record of proceedings in the cases of Surgeon A. M. Clark + Private Geo Felsinger
of Co. F. 140th N.Y. Vols. was read + approved
The Court then adjourned until Monday the 25th day of May 1863 at the hour of ten A.M.
Elwell S. OtisA General Court Martial is hereby appointed to assemble in the Camp of this Division at 12 M. to day or as soon thereafter as practicable for the trial of such officers + enlisted men as may be brought before it.
| 1 | Col. Kenner Garrard | 146th N.Y. Vols. |
| 2 | Lt. Col. David T. Jenkins | 146th N.Y. Vols. |
| 3 | Major Isaac F Force | 146th N.Y. Vols. |
| 4 | " William T. Corning | 146th N.Y. Vols. |
| 5 | Captain James Grindlay | 146th N.Y. Vols. |
| 6 | " Patrick H. Sullivan | 140th N.Y. Vols. |
| [page 7] | ||
| 16 | ||
| 7 | Captain Henry B. Hoyt | 140th N.Y. Vols. |
| 8 | " B. Frank Wright | 146th N.Y. Vols. |
| " Elwell S. Otis | 140th N.Y. Vols. | |
| Judge Advocate. | ||
The Court will meet without regard to hours.
By Command ofThe General Court Martial of which Col. K. Garrard 146th N.Y. Vols. was President is hereby appointed to re-assemble in the Camp of the 3rd Brigade at 10 A.M. on the 15th inst. or as soon thereafter as practicable for the trial of such
officers + enlisted men as may be brought before it.
The Court met pursuant to the above orders and adjournment.
Present.| Col. Kenner Garrard | 146th N.Y. Vols. |
| Major Isaac F Force | 146th N.Y. Vols. |
| " William T. Corning | 146th N.Y. Vols. |
| Captain James Grindlay | 146th N.Y. Vols. |
| " Patrick H. Sullivan | 140th N.Y. Vols. |
| " Henry B. Hoyt | 140th N.Y. Vols. |
| " B. Frank Wright | 146th N.Y. Vols. |
| " Elwell S. Otis 140th N.Y. Vols. | |
| Judge Advocate |
The accused, Lieut. Benjamin J. Tayman
Adjutant 91st Penn. Vols. came into court + the orders convening the Court having been read he was asked if he had any objection to be tried by any of the members composing the court to which he replied in the negative.
The members of the Court were then duly sworn by the Judge Advocate + the Judge Advocate was duly sworn by the Presiding Officer of the Court in the presence of the accused who was arraigned on the following charges + specifications.
Specification 1st--In this that the said Benjamin J. Tayman Lieut. + Adjutant 91st Penn Vols 1st Brigade 3rd Division 5th Corps while his said Regiment was under marching orders and he acting in the capacity of Adjutant of said regiment after having made a detail upon orders from Brigade Head Quarters through the Qr. Masters Department of an officer to take charge of the knapsacks
and rations of Pioneers of the Brigade + after the said officer being so detailed had taken possession of said knapsacks + rations + reported to and received instructions from Brigade Head Quarters what disposition to make of said property the said Benjamin J. Tayman Lieut. and Adjt. 91st Regt Penn. Vols. did relieve said officer from duty without proper authority and did neglect to report the fact to Brigade Head Quarters or notify the Q.M. Dept. of any change + did wholly neglect to report or attend to conveying said information to proper officers and by said neglect the knapsacks and subsistance did not follow the command as ordered, but some of them with subsistance belonging to Pioneers were lost
This at or near the Camp of the 1st Brigade 3rd Division 5th Corps on or about April 27th 1863.
Specification 2nd--In this that while the 91st Regt P.V. were engaged in action on the 3rd inst with the enemy, Col. E. M. Gregory was wounded
and left the field all of which was under the eye + came to the knowledge of the said Benj J Tayman Adjutant of the said 91st Regt. of Penn Vols. 1st Brigade 3rd Division 5th Corps and while acting as adjutant as aforesaid did willfully withold and wholly neglect to communicate the fact to Lieut. Col. Joseph H. Sinex of said 91st Regt. and by said neglect of the said Benjamin J. Tayman Lt. + Adjt. 91st P.V. the Lieut. Col. was not aware of the absence of the commanding officer Col. E. M. Gregory to the very serious risk of the Regiment then before the enemy.
This at or near Chancellorsville Va. May 3rd 1863.
Specification 1st--In this that the said Benjamin J. Tayman Lieut + Adjutant of the 91st Penn Vols. 1st Brigade 3rd Division 5th Corps did leave his regiment while in action on the 3rd day of May 1863 without authority from his commanding officer Lieut. Col. Joseph H. Sinex and did remain away until said regiment was forced by the
enemy to retire.
This at or near Chancellorsville Va. May 3rd 1863
Specification 2nd--In this that the said Benjamin J. Tayman Lieut + Adjutant 91st Penn Vols 1st Brigade 3rd Division 5th Corps did desert his post while the regiment was in action + go to the rear out of the range of the enemy's fire and was found or seen by a staff officer sitting with a tree between him + the troops.
This on the battlefield at or near Chancellorsville Va May 3rd 1863.
To which Charges + Specifications the accused pleaded as follows:--
Sergt. William H. Carpenter Co. D. 91st Penn. Vols. was called as a witness for the prosecution who being duly sworn testified as follows:--
I am sergeant of Co D. 91st Regt. Penn. Vols.
The regimental Quartermaster came to me on the 27th of April last + said that the Adjutant had detailed me to take charge of the knapsacks + rations of the Pioneer Corps of our brigade. I collected the knapsacks + rations as ordered by the Quartermaster + placed them in a wagon set apart for that purpose. I then reported to the Quartermaster who told me to report to Capt Norris, Acting Quartermaster of the Brigade, + ask him what was to be done with the wagon, which I did. Capt Norris said that he did not know what to do with the wagon but told me to see Gen. Tyler + ascertain what he wanted done with it. I went to Gen Tyler
and he said he wished the wagon to move in the rear of the Brigade. I then went back to Camp + reported accordingly to the Quartermaster. I had received a commission from Gov. Curtin + wished to be with my company in case it should be engaged + I applied to Col. Gregory to be relieved from the duty on which I had been detailed. He asked me by whose order I had been detailed + I replied by the Adjutants [sic]. He told me to go to the Adjutant + have him detail some person to relieve me + to rejoin my company. I reported to the Adjutant + told him that I was to be relieved by Col. Gregory's order. He replied very well. I then got my sword from the wagon + reported to the Quartermaster telling him that I had been relieved. The Quartermaster said that he thought Acting Lieut Snyder was to relieve me. I then went + asked Acting Lieut Snyder if he had been detailed to relieve me. He said, No. I then went to the Adjutant who was on
the right of the Regiment which had just begun to move and asked him if he had relieved me. He said, Yes, but did not state who was to relieve me. I then joined my company. On the next morning I was ordered to report to Gen. Tyler, which I did. He asked me what had become of the wagon in which the knapsacks + rations of the Pioneers were put. I told him that I did not know: that I had been relieved. He asked by whose order and I replied that I had applied to Col. Gregory + had been relieved by him. The Gen. then send for Col. Gregory + asked him if he had relieved me. The Col. replied that he was not aware that I had been detailed by his - the Generals [sic] - orders + he told the Adjutant to detail another person in my place. The Col. asked Gen. Tyler whether he wished me to return + find the wagon + bring it up. He said, not at present. The General then ordered me to rejoin my regiment. In about fifteen minutes he sent for me + ordered me to go after the wagon: to use all dispatch + bring
it forward to the brigade. I returned, found the wagon at camp + overtook the Brigade at Hartwood [?] Church having the wagon with me. The Brigade was at the time in the road and on the point of moving. I reported to Gen. Tyler telling him that the wagon was in rear of the train. He ordered me to follow the Brigade + at the first opportunity to bring the wagon forward + distribute the knapsacks. He said that he did not consider me to blame in the matter. I followed with the wagon but could not overtake the brigade until it encamped for the night at Kelly's Ford.
As soon as the wagon arrived I went through the different regiments of the Brigade + ordered the Pioneers to come + claim their knapsacks. Some of them refused to come saying that they were too tired. In putting the knapsacks into the wagon at camp, I had so short a time that I could not mark the men's names upon them. The pioneers assembled about the wagon. I took the knapsacks out, held them up and
asked them to identify + claim them. Those not claimed that night I placed a guard over + left them until morning.
When I had finished distributing the knapsacks in the evening, Lieut Tyler, Gen Tyler's aid [sic] asked me if I had distributed the knapsacks. I replied that I had showing him at the same time those remaining unclaimed. Lieut Tyler then ordered me to tell the driver to report to Gen Tyler which I did. The next morning Col. O'Brien of the 34th Penn. Vols. came to me with Lieut Tyler + said that a few of his men did not get their knapsacks. I told him that some of the knapsacks remained unclaimed + that probably they were the ones wished for. I went to the wagon with Col. O'Brien + some of the knapsacks were claimed by his men. Two or three knapsacks they did not claim but as nobody claimed them they took them in lieu of the ones lost.
When I went to the wagon in the morning I noticed that some of the knapsacks had been taken away during the night while the guard
was stationed over them. I asked the driver if any one had taken knapsacks during the night + he said no.
While going back to camp after the wagon I met Capt Morris' orderly who told me that the wagon was in camp + he was going out with a note from Capt. Morris to ascertain what disposition to make of it. I told him that I had been sent for the wagon + requested him to ride back + have it sent forward. I followed after him + met the wagon with a guard about a half mile from the camp. I then took charge of the wagon.
Question by J.A.--What porportion [sic] of the knapsacks were [sic] lost?
Ans. I think there were four or five missing, not more than that number. I think they were lost on the evening that the larger portion was distributed to the Pioneer Corps at Kelly's Ford. Those not then distributed were placed under the wagon + while there under charge of
the guard were taken away I think.
Question by accused Did the witness' statement to Gen. Tyler differ from the one made today?
Ans. Not that I am aware of.
Question by accused Did Gen. Tyler say who was to blame at the time he told the witness that he was not to blame?
Ans. He did not.
By the accused Were any of the knapsacks or rations lost in consequence of the absence of witness from the wagon on the day the regiment moved?
Ans. I examined the wagon as soon as I returned for it + was convinced that the knapsacks had not been disturbed.
Lieut David H. Lentz Q.M. 91st Penn. Vols. was called as a witness for the prosecution who being duly sworn testified as follows:--
I am Quartermaster of 91st Regt Penn. Vols.
By Judge Advocate State what you know in reference to the detail of an officer to take
charge of the knapsacks of the Pioneers of your Brigade, which was made on or about the 27th of April last, by whom + by whose order the detail was made.
Ans. On the morning we marched which I think was on the 27th day of April, I went to Brigade Hd. Qrs. + while there an order came to Gen. Tayler to have one wagon detailed to carry the knapsacks of the pioneers of the Brigade. The Gen. handed the order to Capt. Morris, telling him to detail a wagon from the 91st P.V. Capt. Morris then told me to send one of my wagons around to get the knapsacks. Gen Tyler ordered me to have a commissioned officer or a good non-commissioned officer detailed to attend the wagon to have the wagon loaded + report to him for instructions.
I went to the Adjutant of my regiment + told him to detail a commissioned officer or a good non-commissioned officer to attend the wagon. After some hesitation he told me to take acting Lieut. Carpenter. I went to
Carpenter + told him that he was detailed by the Adjutant to collect all the knapsacks in the Brigade belonging to Pioneers, to put them in a wagon, which I gave him charge of, and when loaded to report to Gen Tyler for instructions.
There were no written orders received by me from Brigade Hd. Qrs. in reference to the matter. Just before the regiment moved out, Lieut. Carpenter came to me + told me that he thought he would go with the regiment. I replied, You had better get some one in your place. He then went away + I did not see him afterwards.
Question by accused Did the witness hear anything about acting Lieut Snyder's relieving Carpenter.
Ans I did not.
The Court then adjourned until tomorrow morning at nine o'clock.
The Court met pursuant to adjournment. All the members were present who were present on the preceeding day.
1st Lieut David B Baker 91st P.V. a witness for the prosecution being duly sworn testified as follows:
I am 1st Lieut. 91st Penn. Vols. Our regiment was engaged with the enemy at Chancellorsville Va. on Sunday May 3rd. Col Gregory was wounded on that day. I saw him immediately after he was wounded. Adjt. Tayman was with him. I went off the field of battle with the Col. the Adjutant did not accompany us but remained behind. I did not see him again during the day. The Colonel was wounded between eight + nine o'clock in the morning, I think. I did not hear the Colonel give any orders to the Adjt. at the time he left the field. The regiment had been engaged some thirty or forty minutes before the Col received his wound. The regiment
was engaged when we left the field. At the time the Col. was wounded he was in rear of the centre of the regiment. He was wounded in the leg, was very reluctant about going off the field. The Adjutant saw us leaving the field. We started to the left + the Adjt. called to me telling us to go more to the right. I did not afterwards see the Adjutant during the day.
Question by Accused Did I not insist upon the Colonel to leave the field?
Ans The accused did insist.
By the accused How long after the Colonel was wounded did he leave the field with you?
Ans From ten to fifteen minutes I should think.
Question by accused Did the witness see me behind a tree or in any way hiding myself?
Ans I did not
Lieut Colonel Sinex a witness for the prosecution being sworn [sic] testified as follows:--
I am Lieut Col. of + am now in command of the 91st Penn Vols. My regiment was engaged with the enemy at Chancellorsville Va on the 3rd of May last. I think that the engagement commenced about nine o'clock in the morning. The regiment was then under command of Col Gregory. It was engaged from one hour + twenty minutes to an hour + one half. I learned about ten minutes before the engagement had ceased that Col. Gregory had been wounded + left the field. This I learned from the Major - During the engagement I was about five paces in rear of the regiment + on the right of the line. The three right companies were not in perfect line when the order was given to lie down.
I was on the right of the line during the whole of the engagement until the Major came to me + informed me that Gen. Tyler wished the line to advance + that the Colonel
was wounded. I then took command of the regiment.
I did not see the Adjutant during the engagement. I did not see him until the regiment retired to the rear of the batteries where it was before it went forward to engage the enemy. After the Major informed me that the Col. was wounded I mounted my horse + rode to the left of the regiment + then returned to the right but did not see the Adjutant.
If the Adjutant had been in his proper place during the time I was riding from the right to the left of the regiment + returning I think I should have seen him.
Question by accused Was the witness in his proper place during the action?
Ans. I was probably a little too far to the right of the regiment + a little too far to the front.
By the Court When the regiment was
ordered to lie down did not the men + officers seek what shelter they could during the engagement until ordered to advance when the regiment was so pushed that it fell back?
Ans. They did.
By the Court Was the position of the officers stationary during the engagement?
Ans It was. I saw no officers of the regiment until the Major approached.
Question by the Court Was not the regiment so small that everything can be seen from one end to the other when in line?
Ans. It was at that time.
Capt E. G. Sellers a witness for the prosecution being sworn [sic] testified as follows:--
I am Captain 91st Penn. Vols. comdg Co. G. I was present with my regiment during the engagement of May 3rd at Chancellorsville Va. + in command of
my company. My company is 2nd Company left of Color Company. I saw the Adjt with Col. Gregory a short time after the engagement had commenced. The Col. stood holding his horse + the Adjutant was by his side.
I did not know that the Col. was wounded until some time after it happened. I did not see the Adjutant after the time above stated until we formed in rear of the battalion after the regiment had retired.
Most of the men + officers sheltered themselves as much as possible during the engagement, many of the men behind trees. The regiment was engaged in firing the whole time we were in front. The men would load + then rise to fire.
Major Jno. D. Lentz was called by the prosecution who being duly sworn testified as follows:--
I am Major of the 91st Penn. Vols. + acted in that capacity on the 3rd day of May during the engagement at Chancellorsville Va.
Our regiment went into the engagement about nine o'clock on the morning under the command of Col. Gregory. I did not learn that Col. Gregory was wounded until the regiment had been engaged for about an hour. I first learned it from one of Gen Tyler's aids [sic]. I was there on the left of the regiment in my proper place + had been there during the engagement. The aid [sic] Lieut. Diehl rode up to me + enquired where Col. Gregory was.
I told him that he was up towards the right of the regiment. He went up the line + came back telling me that Col. Gregory was wounded. He then told me that Gen. Tyler wished the regiment to advance in line of battle. I asked him when Lt. Col. Sinex was + he told me that he did not know. He then rode away + I saw no more of him.
I then mounted my horse + rode to the right of the regiment. found Lt. Col. Sinex, told
him that the Col. was wounded and that General Tyler wished wished [sic] us to advance the line. This was about ten or fifteen minutes before the regiment retired.
I did not see the Adjutant during the engagement. The woods were very dense. I did not see him until the regiment had retired behind the batteries.
Question by accused. Where did the witness find Lt. Col. Sinex when he rode to the right of the line to inform him that Col Gregory had been wounded?
Ans The Lieut Col. was some fifteen or twenty paces in rear of the right of the regiment.
Question by accused Was he in such a position that he could be easily found?
Ans I did not have much trouble in finding him.
Question by accused Did you not inquire of an officer on the right of the regiment to ascertain where he was?
Ans. I think I did.
Question by accused. Did not the officer say
that he was fifteen or twenty yards to the rear behind a tree?
Ans. I dont [sic] recollect that he did.
Question by accused. Did you not find him sitting or lying behind a tree + did you not tell him to get up + take command: that the Col. was wounded?
Ans. I saw him sitting beside a tree + told him Col Gregory was wounded + that the General wished him to advance the line.
By accused. Did you not tell him more than once before he got up?
Answer I think not.
Question by accused. Has not the witness told me since I have been placed under arrest that he was obliged to tell him twice before he did get up?
Ans. I have not.
Acting Lieut. Theodore A Snyder being duly sworn testified as follows:--
I am acting Lieut. in 91st Regt. Penn. Vols.
Sergt. Carpenter came to me just as the regiment was moving on 27th April last + told me that the Adjutant had detailed me to take charge of the wagon containing the knapsacks of the Pioneers: that I was to relieve him. I did not relieve him but went forward with the company.
The testimony for the prosecution closed. And
Lieut. John S. Donnell was called on the part of the defence who being duly sworn testified as follows:--
I am 2nd Lieut in 91st Penn. Vols. I was with the regiment + on duty during the engagement of May 3rd 1863 at Chancellorsville Va.
Question by accused. Did the witness see me during the engagement?
Ans. I did, about twenty minutes after the engagement began.
Question by accused. In what direction was
I going at the time the witness saw me.
Ans. Towards the right of the regiment.
Question by accused. How did the witness happen to see me?
Ans. One of the men of my company was wounded. I directed him to go to the rear + at the same time I went back three or four paces to order a man to come forward + take his place in line.
Sergt. David T. Mansfield Co. F. 91st Penn. Vols. was then called as a witness for the defense + being duly sworn testified as follows:--
I am Sergt. Co. F. 91st Penn. Vols. I was with my company during the engagement on the morning of 3rd May 1863.
Question by accused. Did the witness see me during the engagement? If so, where + when.
Ans. I saw Lieut Tayman during the engagement. My company is the second company from the right of the regiment. I saw Lieut Tayman about a half hour before the regiment retired.
He was then about fifteen feet in the rear of the left of the right company of the regiment. He appeared to be looking for someone + was walking back + forth. He was the only officer moving about in the vicinity. I saw him then three or four minutes.
Question by the accused. Did the witness see me hiding or secreting myself behind a tree at any time?
Answer. I did not.
By the Court. Did you see Lieut. Col. Sinex during the engagement?
Answer. I did not.
Here the testimony closed.
The accused submitted to the court a written statement in answer to the charges + specifications preferred against him which is hereto annexed + marked
AThe court was then cleared + after
mature deliberation upon the evidence adduced finds the accused
| Of the 1st Specification 1st charge | Not guilty |
| Of the 2nd Specification 1st charge | Not guilty |
| Of the 1st Charge | Not guilty |
| Of the 1st Specification 2nd Charge | Not guilty |
| Of the 2nd Specification 2nd Charge | Not guilty |
| Of the 2nd Charge | Not guilty |
And does therefore honorably acquit the accused, the said Benjamin J Tayman Lieut + Adjt 91st Penn. Vols.
H. GarrardI beg leave to submit the following, in answer to the charges and specifications preferred against me by Brig. Genl. E. B. Tyler.
In answer to this specification, I have to say, first, that no" [sic] orders from Brig Head Quarters, to make a detail for the purpose stated in this specification, was [sic] recieved [sic] by me, and consequently the detail that was made for the purpose stated, was made by the request of the Regimental Quarter Master.
2nd The officer having in charge the property (viz. Knapsacks and Subsistance) as stated at length in this specification, was not relieved by me nor by any order or orders of mine, and that consequently it was not through my neglect, that the "said Knapsacks and Subsistance did not follow the command". Hence the Specification "is not true". As I repectfully submit has been shown by the evidence produced by the prosecution.
In answer to this Specification I have to say, that so much of the Specification as imputes to me a knowledge of the fact that the Col was wounded is certainly true. It is also true, that I remained with him, the said Col. E. M. Gregory after he was wounded until his safety was secured, and it is also true, that I immediately returned to my Regiment.
So much of this Specification as alledges [sic] that I willfully withheld, and wholly neglected to communicate, the fact to Lieut Col Jos H. Sinex is not true. On the contrary the evidence shows that I made earnest and honest endeavours to find him, the said Lieut Col Jos H. Sinex, that I might report the fact to him, and that for this purpose, I visisted that part of the line where he should have been, viz. the centre of the right wing, and dilligently [sic] sought him along the entire line as far as to the right of the 2nd Company in the line, from which point I could see the whole of the line between myself and the extreme right of the Regt.
I was seen here by witnesses who have testified before your Court and this evidence I most respectfully submit fully establishes the fact that I used due and dilligent [sic] means to perform and discharge the duty, the neglect of which I am charged with in this specification. In fact the evidence produced by the defence to disprove this Specification shows conclusively that the said Lieut Col Jos. H. Sinex was during the engagement concealed behind a tree some 15 or 20 paces in rear of the "Pioneers," who were on the extreme right of the Regt, and that no order was given by him during the progress of the Battle in the woods, nor was there anything said or done by him, to indicate his position or give any information where he could be found. I claim to have proven that, had Lieut Col Jos. H. Sinex been where he should have been, at his post, I should have found him, and reported to him accordingly, and that the reason for my failing so to report is found in the fact that I could not find him.
The allegation in this specification, viz. that I was away from my Regiment without properly [sic] authority, I wholly and emphatically deny. The statement that I remained away until the Regt was forced to retire, I have already proven to be untrue, by witnesses who have testified to having seen me at my post with the regiment, attending to my duties, while the Regt was engaged with the enemy. While assisting my Col. who was wounded from the wood, I was for a short time away from the regiment, but soon [sic] as Lieut. D. B. Baker took charge of him, I immediately rejoined it, and did not again in any sense of the term leave or absent myself from it. The relations between my Colonel and myself were peculiar. I was his confidential Staff Officer, and I should indeed have been direlict [sic] in my duty, had I not remained by or near him, to assist him from his dangerous position, to where he might
recieve [sic] that assistance, that might enable him to rejoin his command. If indeed it be a crime to assist my Colonel when wounded, especially when holding the relation toward him that at this time I held, I do not desire anything more, than that the residue of my life, may be plentifully checkered with crimes of like character. At the time of going to the rear with my wounded Col, Lieut Col. Sinex was not in command of the Regiment and his permission or "Authority" to leave, it was not, as I understand it, necessary for me to have. As the Col although badly wounded, insisted on remaining at his post, and retaining his command, as I knew his inability to perform his duties in his wounded condition, I deemed it my duty to force him from the field which I did by seizing his horses [sic] head, and turning him to the rear, where after examining his wound, the Col promised to leave the field in company of Lieut Baker.
This Specification I claim wholly to have disproved.
This is the only Specification, in all the Specifications of the several charges preferred against me, for which I cared a "rush". It is the only Specification that has at all implicated my character for courage and honor, which are dearer than life to any true Soldier. It was at least due me, that being charged with this act of "Misbehaviour before the Enemy" my accuser should attempt to make good his charge, or at least, lay before the tribunal at which I must plead, the evidence upon which the charge was made or preferred. Where is the "Staff Officer" who "found me sitting behind a tree". [sic] Why was not he produced that he might tell at the proper time and place the story that should mantle my brow with shame" [sic] and cover me with disgrace?
"And where my Accuser"?
Why is not he present that he may witness the fruition of the hope he has dared cherish, that I might be "buried in infamy" and realize the sequel of the threats he has at different times uttered to and concerning me. [sic]
Like all the other Specifications in these charges upon which your court have so patiently heard me "it has been left for me to seek out the witnesses for the prosecution" and to occupy the double position of accuser and accused. It is however, the fact, that my accuser, previous to this trial left for some place farther north, and at the same time took with him, "That Staff Officer", who, he would fain have you believe, was blessed with such a remarkable keen vision. In fact he left his case, and it must have been apparent to the court, that some motive, other than "the good of the Service", has actuated him in this prosecution. I believe it is in my power to show, that such motive did exist, and that it governed the action of my accuser. And I do not hesitate to declare that this entire prosecution had its origin in malice, which my accuser has for some time entertained toward me.
I most respectfully submit, that I have positively disproved all and several the charges and Specifications preferred against me, and believe the evidence fully justifies me in asking not alone a simple verdict of "Not Guilty" but an "honorable acquital" at the hands of this Court.
| No. | 6436 N.P. |
| NAME. | Benjamin J. Tayman Turner [?] |
| Name and Address of Relatives or Friends | wife Mrs Jennie 930 Lastain [?] St Phila. Pa. |
| Where Born | Maryland Adm. from Pa. |
| Company and Regiment | Private [sic] E 91 Pa. |
| Date of Enlistment | Dec 4 61 |
| Date of Discharge | Dec 3 64 |
| DISABILITY | Rheumatism |
| Date of Admission | June 5 [or 6?] 1888 |
| By order of Manager | Gen W. J. Sewell |
| Age. | 72 |
| Married or Single | M |
| Remarks | First Admission Hosp. R and Wr |