I thought at this point of my publishing my family history letters from the Civil War I should add the court martial trial of Jeremiah Burnett my third great grandfather. The trial happened about the point we are in the letters. It's not a part of the letters, but in the Confederate records and I'm extremely lucky to have them. There is a paper marked K that is missing from the court records and it would be very interesting to know what that paper contained. Whatever it was, whether a letter from his wife asking for help or perhaps having a sick child, the paper obviously saved his life as you can tell by listening to his defense in court. Without the letter, he would probably have been found guilty and shot. Here is the trial.
The
Court martial of Jerry Burnett.
2nd
Lt. D.C. Jones Rice's Tenn. Artillery Co.
2nd
Lt. J.F. Thompson Owen's Ark. Artillery Co.
2nd
Lt. W.J. Winton Thrall's Ark. Artillery Co. (Judge Adv.)
The
court after having read and reconsidered the proceedings in the case
of Private Jerry Burnett of Captain A.J. Guttery's Company A, 13th
Battalion Alabama Partisan Rangers tried for desertion on the 22nd
day of January 1863 at Columbus, Mississippi have adopted the
following as pensive and corrected copy of the same.
Proceedings
of a general court martial held at Columbus, Mississippi by
(unreadable) of the following order.
Dept.
of Miss. And Ala.
Jackson,
January 4, 1863
Special
Order #4
A
general court martial is hereby ordered to convene at Columbus,
Mississippi on the 10th of January 1863 at eleven o'clock
A.M. Or as soon hereafter as practicable for the trial of such
prisoners as may be properly brought before it.
Detain
for the court
Major
W.W. Guy Brigade Commissary
Major
W.J. Anderson A.Q.M.
Captain
T.W. Rice Rice's Tenn. Heavy Artillery
Captain
J.A. Owens Light Artillery
Captain
J.C. Thrall Heavy Artillery Company
1st
Lt. J.C. Barlow Thrall's Artillery
1st
Lt. W.C. Howell Owen's Artillery
1st
Lt. W.P. Barksdale Owen's Artillery
2nd
Lt. H.H. Briggs Rice's Heavy Artillery
Proceedings
of a general court martial reconvened at Columbus, Mississippi on the
20th day of March 1863 at 11 o'clock a.m. By (unreadable)
of the following order.
Headquarters
Dept. of Miss. And La.
Columbus,
Miss. March 20, 1863
Special
Order #23
The
general court martial convened by order Special Order #4 from Dept.
Miss. And East La. Jackson, Mississippi dated January 4, 1863 at
Columbus, Mississippi on the 10th of January 1863 is
hereby ordered to reconvene at Columbus, Mississippi on the 20th
day of March 1863 in conformity with instructions from Lieutenant
General Pemberton commanding Dept. of Miss. & East La. Dated
March 6, 1863 for the reason and reconsideration of the proceedings
of the court in accordance with these instructions.
By
order Brig. Gen. Ruggles
Court
Room Columbus, Miss.
March
28, 1863, 2 o'clock p.m.
Should
any officer named in the above detail be prevented from attending,
the court, will nevertheless proceed with the business before it
provided the members present be not less than the minimum provided by
law. The above being the greatest number that can be assembled
without manifest injury to the service.
By
order Lt. Gen. Pemberton
J.R.
Waddy, A.A.G.
Court
Room Columbus, Miss.
January
22, 1863
The
court then proceeded to the trial of Jerry Burnett a private in
Captain A.J. Guttery's Company A, 13th Battalion Alabama
Partisan Rangers who having been called into court and having heard
the special order read was asked if he had any objections to any of
the members named in the order to which he replied in the negative.
The court was then duly sworn in his presence by the Judge Advocate
and the Judge Advocate was duly sworn by the President of the Court
and Private Jerry Burnett was then arraigned in the following charge
and specification.
Charge
Desertion.
Specification.
Said Jerry Burnett a private in Captain A.J. Guttery's Co. A, 13th
Battalion Ala. P.R. Did on or about the 1st day of
December 1862 desert from Camp Adams near Columbus, Mississippi. Said
Burnett did not carry away with him any of his arms or equipment.
Said Burnett was arrested and brought back to Columbus, Mississippi
on the 19th day of December 1862.
Major
W.A. Hewlett
Commanding
Battalion
To
which the accused pleaded as follows.
To
the specification not guilty. To the charge not guilty.
Lieutenant
Bibb a witness for the prosecution being sworn says.
Question
by the Judge Advocate, “Do you know the prisoner?”
Answer,
“I do.”
Question
by the Judge Advocate, “Do you know that the prisoner left without
the proper leave of absense?”
Answer,
“I do.”
Question
by the court, “Did you arrest the accused?”
Answer,
“I did not, but it was done by my order.”
Question
by the court, “Where was the accused arrested?”
Answer,
“In Walker County, Alabama.”
Question
by the court, “Did he make any resistance or try to avoid being
arrested?”
Answer,
“No, he did not.”
Question
by the court, “Did the prisoner tell you his reasons for going
home?”
Answer,
“He did not.”
The
prosecution here closed and the accused produced the following
testimony in his defense.
Private
John D. Sparks of Company D a witness for the defense being sworn
says.
Question
by the accused, “Did I not tell you when you arrested me that I
intended starting back in two or three days?”
Answer,
“You did.”
The
accused having no further testimony to offer submitted the following
paper marked K in his defense.
The
court was then closed and after making deliberation on the evidence
admitted from the accused as followed.
Of
the specification Guilty.
Of
the charge Not Guilty of desertion. Guilty of absence without leave.
Owing
to the protracted confinement of the prisoner the court is of the
opinion that he has already been sufficiently punished, and do,
therefore acquit him.
T.W.
Rice, Captain Artillery W.J. Winton, Lt. Artillery
President
of the court Judge Advocate of court
Confirmed
J.E.
Johnston, General
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