"The General ordered two regiments to report; they did so promptly, and were off. They started with Sherlin at their head, and were not long in reaching Brady's Wood, where the enemy was strongly posted. Without hesitating for one moment Sherlin attacked them and charged, saber in hand. The contest was of short duration. The rebels had not seen that kind of cavalry fighting before. They were soon routed and driven in great disorder back to and across Goose River. Sherlin returned the next day with 200 prisoners and a command of encouraged men. This aroused great jealousy with the cavalry officers, and made him the subject of many remarks. But he went quietly back to his command of infantry without any exultation or mention of his victory.
"Gen. Sherlin and Gen. Anderson that evening were speaking of our cavalry, when Sherlin remarked that they only wanted some one to teach them how to fight.
"'That is true,' said Gen. Anderson; 'we must obtain consent to go out and attack the enemy whenever and wherever we may find him. We now have re-enforcements, our army is fresh and well supplied in all respects.'
"The General commanding finding this feeling existing, and seeing that his re-enforcements had all come forward and were in camp, amounting to some 14,000, while Biggs had only received the 5,000 cavalry under Van Doring, he felt that he could afford to make a forward movement and attack his antagonist wherever he might be found. So he commenced by directing that our forces were to make Goose River our line for the present, by first driving the enemy to the south side of the same, and if possible force him out of this part of the country.
"Sherlin's division and two brigades of cavalry were to march to Eagle Cove and thence to Columbiana; Sleeman's division, with other troops, were to form the center; the left was to move on Shelltown;--the whole to concentrate on and along the north bank of Goose River. Gen. Corbin, being in advance on the road leading to Columbiana, met Van Doring at Spring Hill, and after five hours' hard fighting surrendered his whole command. When this news reached Rosenfelt, who was still at Murphy's Hill, it disturbed him much. The troops having now marched for a week over very bad roads through rain and mud, he directed them to return to their former positions, 'having accomplished all that the commanding General desired,' as he said.
"Kentucky was at this time infested with raiders and guerrillas. Gen.
Broomfield, who had about that time been sent to the West to command the Department of Kentucky, soon cleared that State of these pests.
Their mode of warfare on either side was merely harassing without accomplishing any great results. Very soon Rosenfelt's troops were again within his old camp lines, and Forrester commenced annoying him in many ways. Gen. Papson being at Rosenfelt's Headquarters, in conversation remarked:
"'If you will allow Gen. Anderson, of my corps, to take command of a division of your cavalry, and give him instructions that Forrester must be driven beyond Goose River and kept there, I will guarantee good results.'
"Rosenfelt readily assented, and the arrangements were made and the order given. The command started, and by rapid marches came up to Forrester at a point near Auburnville, and drove him as far as Winter Hill, a point where the general headquarters of the rebel cavalry had been for some days. Gen. Anderson charged down upon them with his whole force in regular old English cavalry style, with drawn sabers. The rebel cavalry made stubborn resistance, but our force drove them from their position with much slaughter. They retreated in great confusion, and were closely pursued and sorely pressed until they were forced to cross Goose River at different points. The country was now cleared of them for the present. Gen. Anderson returned with 600 prisoners. This ended the raids, and our army was not subjected to these harassing exploits again while it remained at Murphy's Hill. During these many annoyances by the rebel cavalry our troops were sent after them so frequently and marched so rapidly, and at times such great distances, that they often became weary and footsore.
"The day after Gen. Anderson returned from driving Forrester out of this portion of the country a division of infantry under Sleeman returned from a very long and circuitous march. On the detail for guard duty that night was a boy from one of the Michigan regiments, (the 1st Michigan I think,) who during the night was found asleep on his watch. He was arrested and taken to the guard-house. The young man was greatly troubled. He had been a good soldier; had never shirked any duty imposed upon him. The next day he was reported by Serg't Smith as being found asleep while on duty. This was a serious matter,--the penalty being death if found guilty. The report was taken to Gen. Sleeman, and by him transmitted to Gen. Rosenfelt with a request that he order the Court-Martial, if one should be decided upon. The General at once ordered the Court. I never have believed that severe punishments in the army were productive of good discipline. The best soldiers are the kindest men, and the most successful are those who inflict the fewest severe punishments upon their men. The detail for the Court was made and the charges filed.
"The Court held its sessions at Gen. Rosenfelt's Headquarters. The poor boy was brought out of the guardhouse in the presence of the Court.
He was 20 years old, very slight, light complexion, light auburn hair, large blue eyes, delicate frame, and, in fact, looked almost as much like a girl as a boy. His appearance made a deep impression upon the members of the Court; great sympathy was felt for him. The Judge-Advocate asked him if he had any objections to the Court, which was composed of officers from Gen. Sleeman's Division, with Gen. Sleeman as President of the Court. The boy answered that he had no objections; 'for,' said he, 'I do not know any of the officers. I know but few persons in the army. I know only my messmates. I am not acquainted with any of the officers of my own company. I know their names, but have no personal acquaintance with either of them.'
"'Do you never talk with any of your company officers?' inquired the Judge-Advocate.
"'No, sir,' replied the youth; 'I have never asked a favor since I have been in the army. I have obeyed orders, and strictly performed my duty and asked no questions.'
"'Have you any relatives?'
"'Yes, sir; I have an aged father and mother, and one sister.'
"'What was your business before entering the service?'
"'I was a sales-boy in the wholesale dry-goods store of Baldwin & Chandler, in Detroit, Mich., where my parents live.'
"'Have you written to your parents or sister since your arrest?'
"'No, sir; I asked permission to do so, but it was refused me.'
"Gen. Sleeman, an old man, full of sympathy and kind feelings, on the impulse of the moment said, 'That was an outrage.'
"The Judge-Advocate reminded the General that such remarks were not proper in the presence of the Court.
"'Yes,' said the General, 'I spoke before I thought; but the impropriety of the remark does not change my opinion.'
"The charges were read to the boy, charging him that in this, 'he, James Whitcomb, a private soldier, was regularly detailed and placed on guard duty, and that he slept while on post in the face of the enemy, thereby endangering the Army of the United States.'
"The Judge-Advocate advised the boy to plead 'not guilty,' which he did.
"Just at this moment Capt. Jackson Lyon came along where the Court was in session, and for the first time heard of this trial. He listened for a moment and heard the name of the boy mentioned, and it struck him at once that it might be Seraine's brother. He waited until the Court adjourned and asked permission to speak to the boy. It being granted, he ascertained that James Whitcomb was the brother of Seraine, who had gone South in search of Henry. He told the boy to be of good cheer--to admit nothing; that when they proved the charge, as perhaps they would, to ask permission to make a statement, and then to tell all about his march; the reason for his inability to keep awake, and all about his condition on that night, and that he, Capt. Jackson Lyon, would look after him; but not to mention him as his friend, but as one only feeling a sympathy for him.
"Jackson wrote to me that day all about the case, and thought it was best that his father and mother should not be made aware of his arrest and trial, but that I should write to the President all about the case, and do no more until he (Jackson) should arrive. My son Jackson was a very cool-headed man, and always did everything in the manner that would create the least excitement or suspicion. You see, he had a plan in a moment for the safety of this poor boy.
"Well, to get back. The next day the Court reassembled at 12 o'clock and proceeded with the trial. The witnesses were sworn. Serg't Smith exhibited the detail for the guard, as well as the detail from the boy's company, and the report of the detail to him with James Whitcomb's name on the same. He then showed the time for the boy's guard-duty to commence on that relief, and finally, by the Officer of the Guard who went around with the relief guard, that the boy was found asleep and did not arouse from his slumber when he was challenged, but that the Sergeant of the Guard had to shake him quite hard to arouse him. This, you can see, was very strong and hard to get over."
"Yes," said Col. Bush, "that was a strong case. I was hoping to hear that there was a mistake about it."
Maj. Clymer said: "Well, I hope he was acquitted. I have slept many a time on my horse during a hard march, when if I had been placed on guard-duty I would have gone to sleep in five minutes."
"So have I," said Capt. Zeke Inglesby.
"Yes, yes. I have no doubt of that; but it is not the men who commit acts against law that are always punished, but those who are caught.
These men seemed to think this a terrible crime in this boy, and yet, perhaps, there was not one of them who could have done differently under the same circumstances.
"After the witnesses had been heard against the poor boy, he showed great mental suffering and agony; the disgrace to his parents and sister was what troubled him so much. His company officers were sworn, and stated that prior to this no complaint had ever been made against the boy. That although they only knew him as a soldier, they had always observed his neatness and soldierly appearance and bearing; they all thought that the march the two days before and until 9 o'clock the night on which he was found asleep on post, was calculated to tire out a boy of his frail organization.
"The Chief Surgeon stated that a boy of his constitution would be very likely to drop to sleep anywhere after such a strain upon his physical strength.
"This closed the evidence with the exception of one witness. The boy asked if he could make a statement to the Court. Some discussion arose on this point. The Court was cleared, and Jackson said that he afterwards learned that old Gen. Sleeman grew very angry at the idea of refusing an innocent boy a chance to say a word in his own defense.
Finally, it was agreed that the boy might make his statement. He arose, and, with a tremulous voice and much agitation, said:
"'Gentlemen of the Court: I am a poor boy. My life is of no value to me, and but little to my country. I have risked it several times without fear or nervousness. For my parents' sake I would like to go through this war with an honorable record. To take my life would do me but little harm. I can meet death as a true soldier. But what can this great Government gain by taking my life? You can inflict ruin, distress and misery upon an old man and woman, and upon my queenly sister, who is now going through more perils, if I am correctly informed, than any of us.
I came to the army not for gain. I was getting much more pay without risking my life, but I felt it my duty to aid in sustaining our Government. I did not dream, however, that in the event that I should escape death from the hands of the enemies of our country that, for an unhappy result entirely unavoidable, my comrades-in-arms would hasten to make a sacrifice of me. Were I guilty of anything that I could have avoided, then I would not ask for leniency; but this I could not avoid.
That I slept on my post I will not deny; but I pray you hear my excuse.
It is this: Two days before this offense was committed, we had marched through rain and mud some twenty miles in pursuit (as it was said) of Forrester's cavalry. I did not see many horse tracks in the road, however, and took it that our forces had captured all their horses, and that the rebels were taking it on foot, as we were.'
"Here Gen. Sleeman laughed, and said _sotto voce_: 'That boy ought to be put in command of our cavalry, instead of being shot.'
"'The night of this march my messmate, John Martin, a boy of my own age and my neighbor before coming to the army, was taken quite ill. It was his turn to be on guard. I took his guard duty that night, and was entirely without sleep. When not on post I was attending to him, as he would have done for me. The next day John was not able to carry his knapsack and gun on the march, and as we had no transportation, I carried his as well as my own. The burden was very great for me, and when we arrived in camp I was completely exhausted. John was not able to stand my guard, and when I told the Sergeant my condition, he would not excuse me, and gave as a reason that I had no business to carry John's gun and knapsack, inasmuch as I had no orders from him to do so. I think the Sergeant would do much better as a General than as a Sergeant. I may do him injustice, and I would not do that for the world, but I do believe that he entertains the same high opinion of himself that I do of him.'
"At which remark old Gen. Sleeman laughed again, and said, so as to be heard, 'That boy will be a man some day, and, by the eternal, it would be a crime--yes, a murder--to shoot him.'
"Continuing, James Whitcomb said: 'This, gentlemen of the Court, is my excuse, no more, no less. I hope that John Martin may be called to verify my statement.'
"When the boy sat down the whole Court were in tears.
"John Martin was called, and he did verify everything that had been stated by James Whitcomb. This closed the evidence in the case. The Court adjourned until the next day at 12 o'clock. When they met they began the consideration of the verdict. The Judge-Advocate charged the Court that the evidence was clear and conclusive; that the law fixed the penalty; that there was no way out of it; they must find the fact that he did sleep on his post, and that fact being found, the verdict must be death.
"The Court was two days coming to a conclusion. When they did, my God, it was enough to make a man's blood run cold in his veins. They found him guilty on all the charges and specifications, and sentenced him to be shot to death, with only ten days' respite. The sentence was approved, and orders given to manacle the boy and double his guard. Gen.
Sleeman raved like a madman, and came near resigning; said if the boy was shot he would at once resign. As soon as the judgment of the Court was known, Jackson took a leave of absence for ten days and left on the train that evening for home. He came, and on his arrival was looking like a ghost. All ran to him to welcome him.
"He soon assumed his wonted calmness, and talked with his mother, Mary Anderson and Jennie, as well as the little girls, telling them all about the army. His mother was still sick in bed over the murder of our son Stephen; but we all enjoyed seeing Jackson, and were glad to know that Peter and Gen. Anderson were well. Our family, you will observe, was not very large at this time. Jackson made Aunt Martha happy by telling her that Ham was well, and was behaving splendidly.
"'Thank de good Laud for dat. I always 'spects to hear he killed. But I knows Ham; he am awful coward. He allers runs off when dere is any danger. I have to look out for dat.'
"Jackson had a full report of the proceedings of the Court-Martial so far as the testimony and the boy's statement was concerned. He read the whole statement over to Jennie (David's widow), Mary Anderson and myself. As he read the boy's statement the two ladies burst into tears.
Mary Anderson arose and walked the floor, looking like a Queen, and seemingly much excited. Finally she said--I shall ever remember her words:
"'My God, what does all this mean? Has the great Father forsaken this family? Four have already lost their lives, and one now suffering in some loathsome prison if alive; my husband and Peter nearly at death's door on more than one occasion; Seraine Whitcomb, a lovely girl, with her only brother in the army (he a mere boy), she leaves her old father and mother to take the chances of her life through the lines searching for one of our family, and now her only brother under sentence of death for what he could not help doing. Capt. Jackson, what do you propose?'