Police and the Law

       I support Confederate veterans and because of that I have repeatedly been called a racist. People have stated that I support the idiot that killed George Floyd. Believe me, there is no love lost for this police officer. I don't think he deserves jail time, just announce to the public where he will be released and drop him off there. Justice will quickly be served. Trust me, you don't have to be black to have problems with some of these "Clint Eastwood" police officers. They tend to forget they work for us and are there for us. I've heard that George Floyd was on drugs, etc, but does this give a civil servant the right to kill him? This is not the kind of America the founding fathers envisioned when they formed this government. 

       Having explained to everyone my personal feelings on the matter, I would like to explain what we have serving as police officers in this country. During the recent shut down of the state of Alabama, Huntsville Police took action against a salon for operating without being an essential business. Three such businesses were cited. Now fast forward to when the shutdown is over and look at the city of Birmingham, Alabama. A Confederate monument was attacked and damaged against state law by rioters and the police are too afraid to intervene. Oh, they are a cocky bunch against hair dressers and store owners, but when they face a real challenge, they are nowhere to be found. Doesn't that remind you of the bullies you faced in school. They are extremely tough when they face the weak, but when they face a challenge, they always back down. Welcome to our police force today. Scared of their shadows unless they outnumber their opponents five to one. 

Tuscumbia Prosecutor Hal Hughston III

       Let's take this all a step further. My mom was in city court in Tuscumbia, Alabama and asked for a trial. (City courts in Alabama are make believe courts to obtain these small towns money and that is all they are concerned with). The prosecutor named Harold Hughston III had been through a rough day (according to him). I was representing my mom because she was almost deaf and couldn't hear. He instructed me to inform her that there would be no trial, she was going to pay the court cost and be done with it. I told him that she wanted a trial and that was her right under the U.S. Constitution. He replied, "I already told you, there is not going to be a trial, I've had a long day!" I began to argue with him when he turned to the city judge named John Kennemer (a local lawyer) and instructed him to throw me out of the courtroom. I don't know what Kennemer said because I turned and headed for the door. Just before reaching the door, a Tuscumbia police officer pushed me in the back almost sending me through the glass doors. This officer is one of those police officers like Derek Chauvin and believes he is the next Dirty Harry. His name is Steve Higginbotham and he is the type who wears his uniform about five sizes too small so he can show off his muscles. My dad always referred to him as Tuscumbia's version of "Barney Fife." We all know his type. 

Officer Higginbotham the "badass"

       I know nothing about this super cop with the enormous ego who works in this small town and probably makes little more than minimum wage, but I've been told many rumors about him. None are very appealing. I was told he had been a New York police officer by a volunteer firefighter near town and he couldn't cut it there, so he had to come to Tuscumbia, Alabama to get a job. I have no idea and I don't care. Everyone in the area refers to the Tuscumbia Police Department as America's version of the Soviet police. They heard a rumor that someone was growing marijuana on Colbert Heights Mountain outside of their jurisdiction and they got all dressed up in combat gear and raided this man's farm to no avail. They also traveled west about fifteen miles to Cherokee, Alabama to write a ticket to the mayor's wife for driving a golf cart on the street. It sounds like they have little to do. Another citizen of the town of Cherokee had an arrest warrant over some small affair. He didn't know he had this warrant. He was pulled over and handcuffed by Tuscumbia Police and then beaten up. He was on crutches with a broken leg because of these super cops, yet there was nothing he could do about it. They are extremely tough when they have someone handcuffed or alone and outnumber their opponent, the rest of the time, you won't see them. Another episode occurred a little over a year ago when they were going to arrest a man named Howard. They shot his house full of tear gas and one of the canisters caught the house on fire. They then told the media that he started the fire himself. Remember Waco? We've heard this story before. So, who do these super cops answer to? Nobody, because, just like in my case, the mayor Billy Shoemaker sent my dad to the city prosecutor Kennemer for a copy of the video. Kennemer sent dad back to the mayor and the mayor sent dad back to Kennemer. Kennemer informed my dad that he couldn't release the video because he was instructed by the mayor not to and he had to work for these people. Enough said. When are we going to stand up to these overbearing, thieving local and state governments. All they want is for us to give them our money and shut up. 

Just When You Think It Can't Get Any Worse

Judge Michael Graffeo of Birmingham proudly wedding same sex couples

       You of course know the rule about lawyers, politicians, and of course judges (they are lawyers also). They will do anything for a dollar and a vote is a dollar. Now follow closely where I'm going with this blog. 

       Pretend your father was called on by his government (the state of Alabama) to go fight a war against an invading force. Let's pretend your father was a poor farmer who could barely own shoes, but he went to war because his state asked him to. The war was four long bloody years and he either got sick or was killed in combat. What could make a person more proud than for his family member to have given his life fighting for his home, his country. 

       Now you need to fast forward a hundred and fifty years and find that a certain group of people have twisted what your father fought for. They've made him appear to be evil. They hate what and who he fought for. Pretend this group is a minority group that cries all the time about how mistreated they are and what the majority group owes them. Then throw in some spineless politican or lawyer just like Judge Michael Graffeo of Birmingham, Alabama. He is know to stir controversy to get attention and a vote, the laws of the government be damned because he needs a vote. Now a monument was raised to your father and others who gave his life for the state of Alabama. The state passes a law protecting all historical monuments, but Judge Graffeo (a liberal democrat if that happens to surprise anyone) rules in court that Alabama law is null and void in Birmingham, Alabama. 

       Well, isn't that ironic? Judge Graffeo just proved the state of Alabama and everyone else that fought the Federal government in that war were correct and that anyone can declare law void that wants to. So, I should say I am declaring my personal property free of any government laws just like Judge Graffeo has done. I'm not paying income taxes, property taxes, or any other taxes because I just declared those tax laws unconstitutional. 

       Now remember this about lawyers. They ask these young men to go fight a war for them and then later turn on them. They turn on the very soldiers that they sent to fight. You can't be any more of a coward than that. Judge Graffeo is a typical "kiss ass" attorney attempting to weaken this country by kissing up to those that will give him what he wants. This is why I could never be a politician. I have too much dignity and morals to do the things they are willing to do. A prostitute would be more honorable.

       Now you must wonder why the state of Alabama is broke. We are paying legislaturer's to make laws and after they spend a year finally getting it pushed through, one judge decides to take it upon himself to rule it unconstitutional. How stupid is this republic? Pretty damned stupid. I've just learned that a Revolutionary War monument was vandalized in Wilkesboro, North Carolina and even more ridiculous is the fact that the state of Texas are passing around the idea of renaming the state capitol of Austin. Austin is named after Stephen F. Austin. Some people are offended by the city being named after this man (imagine someone being offended today). 

Stephen F. Austin

       Stephen Austin is called the "Father of Texas." Born in 1793 in Virginia, Austin was a politician who took 300 people and settled in Texas. He eventually became Secretary of State of Texas and periodically during his life he owned slaves. The man had conflicting views on slavery and hoped Texas would eventually abolish the practice. Fast foward to today and they want to change the name of the capitol of the state he helped found. Things are just going to get worse.

       I told my buddy Tommy Hubbert that in our lifetime we will probably see Washington, D.C. changed to something else. I'm guessing it will be called Lincoln, D.C., Obama, D.C., or perhaps MLK, D.C. Everything in this country white needs to be erradicated. As congressman Mo Brooks said, "This country has declared war on white people."

Edward Dorr Tracy: The Confusion surrounding the Alabama General

Brigadier General Edward Dorr Tracy

       It wouldn't be a good story without a little bit of controversy. The same is true of Edward Dorr Tracy. He was born on November 5, 1833 in Macon, Georgia. He graduated from the University of Georgia and became a lawyer at just 17 years of age. He taught school for three years and then moved to Huntsville, Alabama in 1855. He practiced law there until the war began.

       He raised a company that became a part of the 4th Alabama Infantry in early 1861. He had risen from Captain to major by the summer of 1861 and held that position at the Battle of Manassas, the first major battle of the war. Following the battle, he was appointed lieutenant colonel of the 19th Alabama Infantry which was commanded by Colonel Joseph Wheeler. He served in this position, becoming one of the few Confederate officers to have fought at First Manassas and the Battle of Shiloh. At the battle along the west bank of the Tennessee River, Tracy attacked the eastern flank of the Hornet's Nest and had a horse killed beneath him. During the action at Shiloh, he was noted for his bravery and coolness under fire. 

Another image of Edward Dorr Tracy

      Soon after the Battle of Shiloh, Wheeler was promoted which resulted in Tracy becoming colonel of the 19th Alabama. He saw action around Corinth and was again praised for his gallantry. His brigade marched into Kentucky under the command of Edmund Kirby Smith who recommended Tracy for promotion to brigadier general. Although, Tracy saw limited action in Kentucky, Smith praised him for being "upright, intelligent, and accomplished." When the army returned to Tennessee, Tracy was promoted to brigadier general effective on August 16, 1862. 

       His brigade was soon sent to the defense of Vicksburg, Mississippi. There, his brigade was placed in a position to guard the southern part of town. Tracy was ordered to reinforce General Bowen's division south of town when Grant was found crossing the river below Vicksburg. He marched his 1500 men south, but was forced to stop and allow stragglers to catch up. 

       On the morning of May 1, 1863, Tracy was ordered south to intercept Grant. He was reduced to only three regiments which cost him a quarter of his fighting force. His position was attacked at 7 a.m. About an hour after the engagement began, General Tracy was shot through the chest and killed instantly. He was called a "brave and skillful officer, who fell where it is the soldier's pride to fall-at the post of duty and of danger." Bowen said that Tracy had shown his "signal proof of his ability as an officer and bravery as a man."

       He rests today in Rose Hill Cemetery, Macon, Georgia. He was 29 years of age. So where does the controversy come from? 

The above image is listed as three different Confederate officers

       The above image has been credited as being that of Edward Dorr Tracy sometime before 1863 while he was still a colonel. There is a slight resemblance to the above photographs of Tracy, however the match is not perfect. The above photograph has been listed as that of Confederate Brigadier General James Green Martin of North Carolina. A Quick look at General Martin will quickly show you the above photo looks nothing like him.

An image of Brigadier General James Green Martin who lacks the amount of hair to match the photo above his

       In the book More Generals In Gray by Bruce Allardice is photograph of a Confederate Colonel named John Donelson Martin. The photo is provided by a descendant of Colonel Martin. Colonel John D. Martin was born in Tennessee in 1830 and his father was a wealthy business man of Nashville, Tennessee. Colonel Martin fought in the Mexican War at the age of 16. Following that war, he became a doctor. He entered the war as a captain in the 154th Tennessee Infantry. He became colonel of the regiment by January of 1862. He fought at Belmont, Shiloh, Iuka, and was mortally wounded on the first day of the fighting at the Battle of Corinth. Colonel John Donelson Martin rests today in Elmwood Cemetery, Memphis, Tennessee. If the photograph below is that of John D. Martin as his descendants insist, then the photograph was taken between January of 1862 and October of 1862, between the time he served as a captain and the time he was killed in combat at the age of 32. Below is the photograph of John Donelson Martin.

Colonel John Donelson Martin

Confederate Memorial Day: Montgomery, Alabama

Me, H.K. Edgerton, and "That ole man"

       I've been friends with H.K. Edgerton on facebook for several years now, but today I finally got to meet the man. I can honestly say, he fits in with Jerry, James and myself very well. Jerry even invited him on a Civil Wargasm some day. He reminds me a lot of Jerry, never a dull moment. He honored us by serving in our color guard because we were one man short. 

       Of course, with the crew I hang out with, nothing is boring. I'm the youngest member of our color guard and I accuse the other guys of not taking their senile medication. We'll get back to that part in a bit. Regardless, we have fun no matter where we go.

       We arrived at the event and began setting up our flags. Jerry pokes my shoulder and says, "There's H.K. Edgerton." I've always wanted to meet Mr. Edgerton because I respect him for standing up for what he believes. I also knew my wife would be extremely upset that she couldn't get off work and meet him too. Jerry and I speak at different schools during the year, sometimes travelling over 300 miles from home. We always use H.K. Edgerton in our program and teach the kids that one can love their ancestors without being ashamed of race. 

       We each take our flags and line up (each except H.K. who is such a live wire, we can't seem to keep up with him). James was getting nervous because he is in charge of the color guard and kept telling me, "You're gonna have to go find him." H.K. finally got in line between Jerry and myself and that's when we got in trouble. It seems H.K. is the third stooge missing from Jerry and myself. We were called down by my camp commander Jay Gregory because he said we were getting looks from the ladies of the U.D.C. 

       Jerry pulls out his program and asks me, "Why does your program have us down as posting colors fifth at 10:40 and mine says we're second without a time?"

       I replied, "You moron, you've pulled out an old program, not the one for today. Don't you pay attention to anything?"

       Jerry can't be wrong, EVER!!!! Without missing a beat, he said, "I knew that, I was just testing you to see if you knew it."

       "Right," I replied. At that moment was when someone tested a cap on their musket around the corner. Don Johnson (another member of our color guard) immediately hands me his flag and says, "Hold that, our flags just fell down around there."

       Jerry asks me what is going on and I said, "I'm not sure what he's talking about unless its the flag stand."

       Don walks around the corner, does an about face, and returns saying, "What am I thinking, we're holding all the flags."

       It was one of those days. I had to inform H.K. that my color guard had failed to take their senile medication this morning and I hoped the event would be over soon because they were all due back at the nursing home by 5 p.m.

Camp Commander Bill Watkins and myself

       On a more serious note, another hero of mine was forced to the hospital following the events at Confederate Memorial Day. Ashville, Alabama Camp Commander Bill Watkins at age 79, was having difficulties breathing. Bill is an actual grandson of a Confederate soldier and he keeps his camp members extremely busy. He's another guy that can't be still. I was at the bottom of the hill below the Alabama state capital building when a police car pulled up with its lights on. The officer asked me who was having trouble breathing. I didn't know, but pointed him up the driveway toward the governors parking space. Soon the fire department arrived and I pointed them up the hill. Then an ambulance arrived. I told my buddy Jerry that I didn't want to leave before I found out whether it was Bill or not, him being one of the few remaining.

       We walked back up the hill and sure enough, it was Bill. He refused to ride to the hospital in an ambulance. He then shouted for his crew to "fall out and let's go." Jerry and I walked back down to the car and left. I arrived at home and called Bill. He said he did go on to the hospital (his artillery crew probably made him) and was told he was too old for the schedule he keeps. I told him he was old enough that he needed to slow down. He said I sound like that old doctor. He was just exhausted. I live a good two and a half hour drive from Ashville, but they invite me to  speak there twice a year and I always tell them they are my favorite camp. I would be proud to be an honorary member of their camp. I will be there speaking on May 16 of this year and will of course be looking forward to seeing Bill there. Keep Bill in your prayers.

Calvin R. Lackey: A Civil War Uncle

Corporal Calvin R. Lackey

       When I was a kid, my Uncle Lawrence Kent and I spent hours at our local library attempting to find a Civil War ancestor. We searched the Kent line, but came up empty (this was before the internet made searching other states and counties possible). We went up the Lackey line, which is my dad's mother. A member of the family has a family Bible that records our Lackey family tree back to the 1700's and Scotland. 

       Following that line back we knew that dad's mother Oma Leola Lackey's father was Elisha Franklin Lackey born in 1868 and died in 1943. I always thought his father named him this for a reason. There was a general in Lee's army named Elisha Franklin Paxton and I wondered if my great-great-grandfather may have fought under Paxton and named a son for him. I soon learned this to not be the case as far as I can tell. 

Elisha Franklin Lackey and Mary Elizabeth Burnett

       There is absolutely no record of Elisha's father serving in the Civil War on either side. His name was Isaac Reed Lackey and he was born in 1825 and died in 1887. He rests today in Macedonia Cemetery, Sand Mountain, Alabama. After my uncle died and about the time all this information began being placed online, I found that Elisha Franklin Lackey had a brother named Calvin R. Lackey and he served in Lee's army. Calvin was a corporal in Company E, 48th Alabama Infantry which served in Taliaferro's Brigade, Stonewall Jackson's Division at Antietam. Calvin enlisted on April 12, 1862 in Hendrixville, Dekalb County, Alabama for three years or the duration of the war. 

       In 1863, he is listed as a deserter and later I learned this to be a false report. He was actually wounded and captured during the Battle of Antietam in Maryland on September 17, 1863. He would eventually die of his wounds at Point Lookout, Maryland Prisoner of War Camp and buried there. The marker shown above is in Black Oak Cemetery in Grove Oak, Dekalb County, Alabama and is in memory of my long lost uncle who still rests in Maryland. 

The final resting place of Corporal Calvin Lackey

       I now know that Calvin R. Lackey most likely was wounded and captured in the Bloody Cornfield at Sharpsburg. I visited this place in 1996 and only wished at the time that I had known this information. I look forward to returning there and honoring the memory of my uncle who fought under Stonewall Jackson. 

       

Brigadier General Elisha Franklin Paxton

       Now lets take a long stretch and pretend that the names may mean something. Brigadier General Elisha Franklin Paxton was only a major at the Battle of Antietam. He was Stonewall Jackson's Chief of Staff during the Maryland Campaign. Following the battle, Jackson promoted Paxton from major to brigadier general much to the chagrin of A.P. Hill who disliked Paxton. This brings us to the question, was Elisha Franklin Lackey named for Paxton because of something Calvin Lackey wrote home about or was he named this by coincidence. Probably, I will never know, but the information definitely makes my head spin. 

Family History Letters 9 and 10

State of Alabama, Walker County

This the 14th of April, 1862

Dear beloved husband, I once more embrace the opportunity of dropping you a few lines, to  let you know that we are all well at this time hoping when these few lines comes to hand they may find you in good health. I do hope that peace will be made and you will all get to come home to your wives and children without being in any battle. God grant it I pray. I want to see you very bad. I received this day your letter, which gave me great satisfaction to hear from you, but I was scared to hear that you was going to Corinth. Though I am in hopes that you will not be in any battle. I thought that I seen trouble enough before, but I feel now like trouble has just begun. I have no heart to try to do anything at all. I want you to write to me as often as you can. I don't care if it is every day, it will be some satisfaction to hear from you, but a great deal more to see you. Though I fear we will never meet on earth no more, though I still live in hopes that we will and if we don't let us try to meet in heaven when troubles will be no more. I want you, if you do take the measles to try to take care of yourself till you get out of all danger. It is a getting so dark, I can't see how to write. So I reckon I must come to a close, so nothing more at present, only remaining your loving wife until death. This from Catherine Burnett to A.H. Burnett.

State of Alabama, Walker County

This April 20, 1862

Dear husband, embrace the opportunity of dropping you a few lines one more time. Mr. Hampton brought back news that you and Josiah was gone on to Corinth and he knew nothing of Nicholas and Elijah. I want you to write me a letter and come and fetch it to me and write where they are and write whether any of you has got the measles or not and write how Elijah has got and whether he is with you or not. I want you to come home, their was 1000 Yankee's stayed all night at Mr. Whites and there was 6 Yankee's past through (unreadable word) around yesterday at bakers. Though I heard old John Burten dispute it today. He said they showed their papers to Swit. The times if they wanted if they to pass through. If it was Yankee's they was a looking about to see where they could make the best (several unreadable words) they horses. Took Huntsville and Decatur that is a show case it ain't (unreadable word) talk for it is so. I want you and Josiah if you are a needing any money to write to us and let us know and we will send you some at the first chance we get and also whether you can get paper there or not. If you can't we will try to send you some. The first chance now I want you to write me as soon as you get this letter and let me know whether I have wrote a lie or the truth about the Yankee's attacking Huntsville and Decatur or not. I think I was a writing the truth when I wrote it. I have counted it disputed a (unreadable word). I want you to write just as nigh (unreadable word) truth as you can. We have heard that the southern states was all quit fighting but 7 and now I want to know what is the use of them few a staying there and fighting against so many. So I close, I have wrote enough, so nothing more at present, only remaining your loving wife until death. This the Apr. 21. I can inform you that we are all well at this time, hoping when these few lines comes to hand they will find you enjoying good health. I can inform you that the Yankee's has been up here in the valley and they went to one man's house and broke up all their dishes and tore up a fine dress for his wife and tide the strips around their necks and took him off and they don't know what they done with him. They have never seen, nor heard of him since and I think it would suit you all best to come and guard your own homes. I know it would suit me the best now. I say come home. I want you to let Jo hear this letter or read it. So no more. When this you see, remember me. Though many miles apart, my pen is bad, my ink is pale, my love for you, shall never fail. This from Catherine Burnett to husband.

S.A.M. Wood: Alabama General

Sterling Alexander Martin Wood

       S.A.M. Wood as he came to be called was born in Florence, Alabama on 17 March, 1823. There is a street in Florence today that is called Wood Avenue which is actually named for Wood's brother, a prominent Florence lawyer. S.A.M. Wood would soon return to Florence and become his brother's law partner. In 1857, Wood was elected to the Alabama state legislature and later become editor of the Florence Gazette. 

       When the war began, Wood organized Company K, 7th Alabama Infantry which was known as the Florence Guards. He would only remain a captain for a very short time. The unit was sent to Pensacola, Florida and Wood was there elected Colonel of the regiment. 

Flag of Company K, 7th Alabama Infantry

       On 7 January, 1862, Wood was promoted to brigadier general by Jefferson Davis. Braxton Bragg, Wood's commanding officer fired off an angry letter to Richmond about Wood being promoted ahead of James Patton Anderson, one of Bragg's favorite officers. 

       Just before the Battle of Shiloh, Wood's brigade (which consisted of the 16th Alabama, 8th and 9th Arkansas, 27th, 47th, and 55th Tennessee, and the 3rd Mississippi Battalion, all infantry regiments, including an artillery battery) was placed into Hindman's Division, William Hardee's Corps. This brigade was credited with the opening shots of the Battle of Shiloh. Wood was wounded when he fell from his horse there and momentarily gave up command of his brigade, but soon returned to lead them through the rest of the battle. 

       General Hindman had nothing good to say about Wood's leadership. There was a formal inquiry to Wood's actions as brigade commander, but no wrong doing could be found. He then led his brigade in action at the Battle of Perryville, Kentucky and while his brigade helped to capture an artillery battery there, Wood was wounded by a artillery shrapnel. 

S.A.M. Wood (seated in dark uniform) with members of his staff

       Following the Kentucky Campaign, Wood's brigade was placed into the elite division of Patrick Cleburne. Cleburne commended Wood for his performance at the Battle of Murfreesboro. It seemed Wood's star was on the rise. 

       On the second day of the Battle of Chickamauga, General Wood lost control of his brigade which became separated and only one regiment got in the action. Wood then got the rest of his brigade into a field where they attacked alone and were repulsed with heavy losses. Cleburne was furious with Wood and ordered him to take the remainder of his brigade to the rear. 

       Cleburne failed to mention Wood in his report following the battle, which was considered an insult or a sign of failure in that time period. S.A.M. Wood saw the writing on the wall and resigned his commission on 17 October 1863. It would be the last time he would see action during the war. He moved his family to Tuscaloosa and continued his law practice. He later reentered politics and became a member of the faculty at the University of Alabama. He died there on 26 January 1891.

Timmy and I at the grave of S.A.M. Wood in Evergreen Cemetery less than a hundred yards from Bryant Denny Stadium

A General and his killer: McCook and Gurley

Robert Latimer McCook

       Robert Latimer McCook was born in Lisbon, Ohio in 1827. He was one of the "Fighting McCook's" that consisted of fifteen men from the same family who fought for the Union in the Civil War. Of those fifteen, four would become generals and Robert was one of those. Robert was a pre-war attorney in Cincinnati, Ohio. Although he was a democrat, he helped organize the Ninth Ohio Infantry and was appointed its colonel. 

       He would begin the war serving under George McClellan in West Virginia. In the fall of 1861, he and the brigade he was commanding were transferred to the Army of the Ohio. He would be severely wounded in the Battle of Mill Springs. He would be promoted to brigadier general while recovering from his wound. After returning to the army, he learned that the unhealed wound prevented him from riding long distances on horseback. 

The death of McCook according to the Northern papers

       On August 5, 1862, McCook was riding in an ambulance because of his wound and he was also suffering from a case of dysentery (diarrhea). He was riding far ahead of his main column accompanied by two members of his staff and nine cavalrymen who served as his escort. McCook was riding in his underwear and there was no way the enemy could know his rank at the time. They were travelling from Athens, Alabama to Winchester, Tennessee and had almost reached their destination when they were attacked by about two hundred troopers of the Fourth Alabama Cavalry. 

Captain Frank Gurley

       The teamster attempted to turn the wagon around, but the canvas top became hung on a tree branch. The wagon swerved and struck an embankment where it became stuck. The enemy cavalry opened fire, one bullet struck McCook just below his rib cage. The Confederates took him to a nearby house where he was visited by Captain Frank Gurley who commanded the group of cavalrymen. It was said that Gurley fired the fatal shot and apologized to McCook as he lay dying. McCook didn't express any bitterness toward the captain. 

       McCook survived until about noon the next day. His last words were to tell his brother Alex that "I have tried to live like a man and do my duty."

       Northern papers proclaimed that McCook was killed by lawless guerrillas led by Frank Gurley. They stated that McCook was killed while lying incapacitated in an ambulance. Captain Gurley was captured while sick in Alabama in December and the Federal authorities decided to try him for murder. Bedford Forrest and William Hardee both wrote letters to Union officers in defense of Gurley. It was claimed that McCook has actually climbed from the wagon and was attempting to dislodge it from the embankment when shot. There was no way Gurley could have known he was even firing at an officer. 

       Grant responded that Gurley would receive a fair trial by Union authorities. The military court found Gurley guilty of murder on January 11, 1864 and sentenced him to death. General George Thomas suspended the execution because he didn't believe the murder to have been a crime, but simple warfare. Judge Advocate Joseph Holt (who would later serve as prosecutor in the Lincoln assassination case) begged Lincoln to overrule Thomas. Lincoln did as Holt asked, but delayed the sentence. 

       Gurley remained a prisoner of war for the next year when he was accidentally released in an exchange. When the war was over, he took the oath of allegiance and was paroled by Union authorities. In November, he was elected Sheriff of Madison County. He was shocked to learn that Joseph Holt had petitioned President Andrew Johnson to arrest Gurley and carry out the death sentence. Johnson agreed and had Gurley arrested and held in Huntsville. 

       Friends of Gurley met with Johnson and persuaded him to stop the execution. Johnson also heard that threats of violence would be carried out against Federal authorities if Gurley was indeed hanged. Holt protested, but Grant urged Johnson to release the man. Johnson agreed with General Grant and had Gurley released.

       

Robert's Grave

       McCook rests today in Spring Grove Cemetery in Cincinnati, Ohio. His father and one of his brothers would also die during the war. He was described as likable, courteous, brave and devoted to his country. He was thirty-four years old.

       

Frank Gurley in uniform

       Frank Gurley died of natural causes in Gurley, Alabama in 1920 at the age of eighty-four. He rests there today in Gurley Cemetery. He never changed his story that McCook was killed in a combat situation by regular Confederate cavalry. 

Captain Gurley's grave

No Braver Soldier

Brigadier General James Deshler

       James Deshler was born in Tuscumbia, Alabama in 1833. He obtained an appointment to West Point and graduated seventh out of forty-six cadets in the class of 1854. He served in the United States Army until the Civil War began, fighting Sioux Indians and putting down the Mormon uprising in Utah. He received a leave of absence when the war began and never returned. Instead of resigning his commission, the government dropped his name from the rolls. 

       President Davis commissioned Deshler a captain and placed him in command of an artillery battery in western Virginia. He later served as an aide on the staff of Edward Johnson. In an engagement at the Greenbrier River, Deshler was shot through both thighs as he rode along the front lines. He refused to leave the field until the fighting ended. 

       Upon his recovery, he was promoted to colonel and assigned to the staff of Theophilus Holmes in North Carolina. He was chief of artillery under Holmes during the Peninsula Campaign and saw action at Malvern Hill. Holmes labeled Deshler as his best staff officer saying he couldn't afford to lose the man. 

       After the Seven Days Campaign, Holmes was transferred to Arkansas. Deshler would be sent with him, but relieved of duty as a staff officer and assigned a brigade of Texas infantry under General Hindman. His first action as infantry commander was at Arkansas Post, a fort on the Arkansas River. Deshler was spectacular there. He commanded his men to hold their fire until the Federals were within a hundred yards, breaking two enemy charges. Someone raised a white flag in the fort during the fighting, although General Churchill in command of the fort denied he authorized a cease fire. The Federal line in front of Deshler again came forward thinking the fort had surrendered. Deshler shouted that unless they pulled back, he would open fire again because he was without orders to cease firing.

Battle of Arkansas Post

       Sherman and Churchill together rode to Deshler's position. Sherman attempted to dress Deshler down, saying, "What is the meaning of this? You're a regular officer and know better."

       Deshler replied in an angry tone that he didn't have orders to cease fire. Churchill explained to Deshler that he hadn't ordered the surrender, but the fort was overwhelmed because of the display of the white flag from an unknown person. Deshler then ordered his men to stack their arms. 

       Sherman decided that he might disarm Deshler's attitude by a friendly conversation, but he didn't know Deshler very well. Deshler's parents had been born in Pennsylvania, but moved to Alabama before he was born. Sherman asked, "Are you related to the Deshler family in Columbus, Ohio?"

       Deshler, who was still irritated about being captured, replied, "I'm not related to anyone north of the Ohio River anymore."

       Sherman said he believed he gave Deshler a piece of his mind, but couldn't remember for sure. 

       Deshler was held prisoner for five months before being exchanged. He was promoted to brigadier general in July, 1863 and placed in command of Churchill's brigade of Texas troops who had lost faith in him as a commander following the surrender of Arkansas Post. The brigade was then assigned to Cleburne's Division in the Army of Tennessee under General Braxton Bragg. 

       It would be September of 1863 before Deshler would see his first action as a general officer. On September 20, he was waiting to enter the battle when Cleburne approached. Cleburne made mention to the fact that Deshler's men had yet to see action in this battle. Deshler replied, "Well, its not my fault!"

       Cleburne laughed and ordered Deshler forward. Colonel Mills soon sent word that his men were running low on ammunition. He fully expected to see one of the general's staff officer's coming to check the ammo boxes. He looked around and was surprised to see Deshler himself coming in his direction. Before he reached Mills, an artillery shell struck him in the chest without exploding and passed all the way through his body, taking his heart with it. Brigadier General James Deshler was dead before he hit the ground. 

Spot where Deshler fell at Chickamauga

       Mills reported that Deshler was "brave and generous, and kind even to a fault...Refusing to permit a staff officer to endanger his life in going to examine the cartridge boxes to see what amount of ammunition his men had...when he fell as he would wish to fall...surrounded by the bodies of his fallen comrades."

Grave of James Deshler

       James Deshler would be removed to Oakwood Cemetery in Tuscumbia, Alabama. He was loved by the men of his brigade and they would gain fame later as Granbury's Texas brigade. Deshler was 30 years old. The high school in Tuscumbia is named Deshler High School in his honor. The Dixie Station in downtown Tuscumbia sits on the site where his parents lived and he spent his childhood. 

Me standing beside the monument to Deshler beside his grave

       General Robert E. Lee wrote, "There was no braver soldier in the Confederacy than Deshler."

       

       

A Knight Without Fear

James Holt Clanton

       James Holt Clanton was born in 1827 in Georgia, but his family moved to Alabama in 1835. After finishing school, Clanton went to the University of Alabama. He served as a private in the Mexican War and returned to become an attorney in Montgomery, Alabama. Though he opposed secession, he raised a company of cavalry at the outbreak of the war and quickly was made colonel of the 1st Alabama Cavalry. He would prove to be a man without fear, always leading his charges, pistol in hand. 

       Clanton would see his first action at the Battle of Shiloh. According to General James Chalmers, Clanton was “constantly exposed to the most dangerous fire, exhibited the most fearless and exemplary courage, cheering on those who seemed inclined to falter or grow weary.”

       He saw action at Farmington and at Booneville drove the enemy from the field. Like most officers in the army, he had a disagreement with General Bragg and resigned his commission as colonel of the 1st Alabama Cavalry. General Bragg had little use for officers without  proper military training and this probably was what caused them to have the disagreement. 

       Clanton returned to Montgomery and raised one infantry regiment and three cavalry regiments. He would receive a commission to brigadier general in late 1863. General Leonidas Polk called Clanton “an experienced cavalry officer, very efficient and enterprising.” 

Another wartime picture of Clanton

       For some reason, General Joseph Johnston, who was always begging for troops refused to accept Clanton’s brigade into his army. He stated that Clanton was incompetent. Why he believed this is still unknown, but probably stems from a mutiny in one of his regiments at one point earlier in the war. Clanton had been cleared of any wrong doing in the affair. 

       At Greensport, Alabama, he was outnumbered six to one by Federal troops, but the brave man decided to attack at dawn. He charged around the bend, personally leading his 200 troops. Pistol in hand and charging on foot. He was only twenty paces away when the Federal opened fire, armed with Spencer repeating rifles. His clothes were riddled with bullets, his entire staff killed or wounded. 

       During the fighting, a large black soldier named Griffin a member of his command approached General Clanton and asked, “General, where is Marse Batt?”

       Clanton was as calm as could be, pointed toward the Federal line and said, “There he is, dead.”

       Griffin charged forward, amid cries to stay back, through the smoke and bullets and picked up the young soldier and returned with him in his arms. 

       “Is he dead?” Clanton asked.

       “I don’t know, sir,” he replied, “My Mammy was his nurse and I’m older than he is. I promised to take care of him and bring him to her. I’m carrying him home now.”

       The Confederate troops were compelled to retreat before the terrific Federal fire. 

       In March, 1865, he was wounded in a fight at Bluff Spring, Florida. He fired his pistol at a Federal officer and spun his horse to ride away when a bullet slammed into his lower back. The bullet passed through his intestines and then exited the body. Doctors informed him the wound was mortal, so he called his chief of staff and had him write out Clanton’s will. Captured by the Federals, they paroled him, believing he would die. He was told if he survived the wound, he was to report to a prison camp. 

       After the war, Clanton returned to his law practice. Representing Alabama in a case against the Chattanooga and Alabama Railroad, he was forced to travel to Knoxville, Tennessee. He understood that Knoxville had sided with the Union during the war and believed the railroad had the case moved to Knoxville in an attempt to have him murdered. 

Another surviving photograph of General Clanton

       On September 27, 1871, after leaving the courtroom, Clanton was walking back to his hotel room with a Colonel Prosser. Tomlinson Fort later testified that he was walking down the sidewalk across the street with David Nelson who had served as a colonel in the Federal army during the war. 

       Tomlinson Fort walked across the street and shook Clanton’s hand because they were also friends. He then introduced Clanton to Nelson, saying, “Nelson fought against us, but had been very kind to his late enemies.”

       Nelson was already intoxicated. He asked Clanton to come have a drink with him. Clanton agreed to enter a saloon with the two men. On the way to the establishment, Nelson asked Clanton, “I’ll show you something if your not a coward.” 

       Clanton, known to as a knight without fear, answered, “Do you think I’m a coward?”

       “I’m not sure,” Nelson repeated. He then began to insult Clanton, becoming very excited. Clanton as was his nature during the war remained extremely cool. This seemed to make Nelson even more excited because he couldn’t intimidate the man.

       Tomlinson Fort placed his hand on Nelson’s shoulder and said, “Keep cool, Dave. You are in the wrong and there is no use in fighting.”

       Nelson ignored him. He said to Clanton, “I don’t know whether you’re a coward or not.”

       “You can try me anytime or place,” Clanton replied.

       Nelson said, “This is as good a place as any.”

       Fort stood talking to Clanton, telling him they were both his friends and there was no use in fighting. Nelson disappeared inside the saloon and returned a few moments later carrying a double-barreled shotgun.

       Nelson fired without taking careful aim, trying to kill Clanton before he could arm himself, but missed. Clanton drew his pistol and fired back, but missed also. Nelson then fired again, hitting Clanton in the shoulder and chest with over fifteen pellets of buckshot. Clanton immediately went to the ground, landing on his hands and face.

       The buckshot had gone into his lungs, torn his shoulder from the socket and shredded several arteries in his chest. They carried him to the Lamar Hotel where he would die a few moments later. Clanton left a widow and six children, some very young. 

Lamar House Hotel

       The case went to trial in 1873 and was highly publicized. A Judge Trigg also witnessed the incident and testified that Nelson fired the first shot at Clanton, who was not prepared or armed. 

       Nelson’s defense attorneys claimed the murder was in self-defense. The jury took five minutes to acquit Nelson of the murder charge. The entire state of Alabama became furious over the trial. Newspapers called the trial a big sham. 

       Interestingly, David Nelson’s father Thomas Nelson was a prominent politician and judge in Knoxville, Tennessee. He resigned his seat as judge to help defend his son’s murder charge. After his son was found not guilty, Thomas Nelson would spend the remainder of his life teaching Sunday school. Today, Thomas Nelson rests in an unmarked grave. David Nelson has long since been forgotten about, unlike the brave man he unjustly murdered.

Thomas Nelson, father of the murderer

       James Holt Clanton rests today in Greenwood Cemetery, Montgomery, Alabama. 

Me standing beside the grave of General Clanton