John W. DOE: Court-martial, Dakota Territory, 1876

Court-martial proceedings against John W. DOE, held at Fort Abraham Lincoln in Dakota Territory in 1876.

Surnames Appearing in the Documents

BRENNAN, BRYANT, DOE, DeRUDIO, EDGERLY, GARLINGTON, HUMBERT, INGALLS, McCORMICK, McDOUGALL, NEVITT, NICHOLSON, RIDDLE, SCOTT, SMITH, TERRY, WADE, WALLACE

Notes

These are my transcriptions of the court-martial file of John William DOE. His known aliases are William DOE and John BRYANT. The file is a photocopy provided by the National Archives and Records Administration. It contains a letter from Lt. Humbert to the Judge Advocate excusing his absence from the court-martial, an account of the trial, and letters within the War Department and from the War Department to the Veterans Administration.

The 1934 letters are typewritten; the letter from the War Department to the Veterans Administration is a particularly charming beaurocratic missive.

The 1876 documents are hand-written; when the hand obviously changes in the trial proceedings I've inserted a horizontal rule.

History of this Document

Court-martial File

06 December 1876 Trial

PP 5465 Fort A. Lincoln D.T. December 6th 1876 Proceedings of a General Courtmartial convened by S.O. No. 150 c.s. from Hdqrs. Dept. of Dakota St. Paul, Minn 1876 D. 350 Jao D. D. Capt. T. M. McDougall 7th Cavalry, President 1st Lieut. G. D. Wallace Adjutant 7th Cavalry Judge Advocate Recd Bill. J. Feb. 6 1877 IV Case Tried Private William Doe Troop L 7th Cavalry

1 Case IV 3rd day [in margin] Proceedings of a General Court Martial convened at Fort Abraham Lincoln DT by the following order. Head Qrs Dept of Dakota Saint Paul Minn Nov 24 76. Special Orders No 150. Extract II A General Court Martial is hereby appointed to meet at Fort Abraham Lincoln D. T. at 10 o'clock A M on Monday the 4th day of December 1876 or as soon thereafter as practicable for the trial of such persons as may be properly brought before it. Detail for the Court Captain Thomas M McDougall 7 Cavalry 1st Lieutenant James Humbert 17 Infantry 1st Lieutenant Charles C DeRudio 7 Cavalry 1st Lieutenant Winfield S Edgerly 7 Cavalry 1st Lieutenant Ernest A Garlington 7 Cavalry 2nd Lieutenant James Brennan 17 Infantry 2nd Lieutenant Charles H Ingalls 6 Infantry 2nd Lieutenant Hugh L Scott 7 Cavalry 2nd Lieutenant Loyd S McCormick 7 Cavalry 2nd Lieutenant William J Nicholson 7 Cavalry 2nd Lieutenant J William Riddle 7 Cavalry 1st Lieut Geo D Wallace Adjutant 7 Cavalry Judge Advocate

2 No other officers than those named can be assembled without manifest injury to the service By order of Brigadier Genl Terry [http://en.wikipedia.org/wiki/Alfred_Terry] Commanding the Department (sgd) E W Smith Captain 17 Infantry A. D. C. Act Asst Adj General Fort Abraham Lincoln D. T. December 6th 1876 10.45. A. M. The Court met pursuant to the foregoing order and adjournment. Present Captain Thomas M McDougall 7 Cavalry 1st Lieutenant Charles C DeRudio 7 Cavalry 1st Lieutenant Winfield S Edgerly 7 Cavalry 1st Lieutenant Ernest Garlington 7 Cavalry 2nd Lieutenant James Brennan 17 Infantry 2nd Lieutenant Charles H Ingalls 6 Infantry 2nd Lieutenant Hugh L Scott 7 Cavalry 2nd Lieutenant Loyd S McCormick 7 Cavalry 2nd Lieutenant William J Nicholson 7 Cavalry 2nd Lieutenant J William Riddle 7 Cavalry 1st Lieut Geo D Wallace Adjutant 7 Cavalry Judge Advocate Absent 1st Lieutenant James Humbert 17 Infantry

3 Cause. Summoned as witness before a civil court at Bismarck D. T. Certificate appended marked "A" The Court then proceeded to the trial of Private William Doe Co L 7 Cavalry, who being brought before the Court, and having heard the order read, convening it was asked if he objected to any members present named therein, to which he replied in the negative. The members of the Court were then severally duly sworn by the Judge Advocate, and the Judge Advocate was then duly sworn by the President of the Court. All of which oathes were administered in the presence of the prisoner, who was then duly arraigned on the following Charge and Specification Charge Violation of the 60th Article of War Specification In, that Private William Doe Co L 7 Cavalry did steal and carry away from the Company Quarters of L Co 7 Cav'y One (1) Springfield Carbine Cal 45 the property of the United States, furnished and intended for the Military Service thereof and for which 2nd Lieut L. S McCormick 7 Cavalry is responsible, with the full intention of appropriating the same to his own use and benefit

4 This at Fort A Lincoln D. T. on the 14th day of October 1876. To which the prisoner pleaded as follows. To the Specification Guilty To the Charge Guilty The Judge Advocate announced that the prosecution here ended. The prisoner having no testimony to offer made the following Statement in his defense "I was drunk the day. If I took the Rifle I did so unknowingly. This is the first offence I ever committed. I have been in service about six month. I would like to have the Court deal with me as lightly as the[y?] can and not to give me any more punishment than they can help.["]

The Judge Advocate submitted the case without remark. The Court was then cleared and closed, and after due deliberation finds the prisoner as follows. Of the Specification Guilty Of the Charge Guilty And the Court does therefore sentence him Private William Doe Co 'L' 7 Cavalry, to forfeit all pay now due or that may become due except the just dues of the Laundress, to be dis-

5 honorably discharged the service, and to be confined in such mili- tary prisons as the Dept. Com- mander may from time to time direct for three (3) years. [Thomas?] McDougall Captain 7th Cavalry President Geo. D. Wallace 1st Lieut. & Adjutant 7th Cavalry, Judge Advocate.

Headquarters Dep't of Dakota Saint Paul, Minn. Dec. 30, 1876. The proceedings, findings, and sentence in the foregoing case of Private William Doe, Co. L, 7th Cavalry, are approved, except so much of the sentence as provides for a longer period of confinement than one (1) year. The sentence, as approved, will be duly executed. Fort Abraham Lincoln D.T. is designated as the place of confinement. Alfred H. Terry Brigadier General U.S.A. Commanding

06 December 1876 Letter, Lt. James Humbert to Lt. George D. Wallace, Judge Advocate

Copy Fort A Lincoln DT. December 6th 1876. Lieutenant Geo D. Wallace Judge Advocate Genl. Court Martial Fort A Lincoln DT Sir I have the honor to state that I cannot be present today as a member of the General Court Martial convened per S. O No 150 dated Head Qrs Dept of Dakota, Saint Paul Minn - Nov. 24th 1876, having since the adjournment of the Court yesterday received a Summons to appear before the Civil Court today in Bismarck. Very respectfully Your obedient servant (sgd) James Humbert 1st Lieut 17 Infantry A True Copy Geo. D. Wallace 1 Lieut & Adjt. 7th Cavy Judge Advocate

24 August 1934 Letter, Adjutant General's Office to Judge Advocate General's Office

A.G. 201 Bryant, John 1st Ind. RRC/evc (8-21-34) ORD War Department, A.G.O., August 24, 1934. - To the Judge Advocate General, War Department. The records show that William Doe was dishonorably discharged at Fort A. Lincoln, North Dakota territory January 29, 1877 as a private, Troop L, 7th U.S. Cavalry, by reason of the sentence of a general court- martial, which sentence was published in G.C.M.O. No. 59, Headquarters Department of Dakota December 30, 1876. By order of the Secretary of War: J. P. Wade [stamp] Adjutant General.

28 August 1934 Letter, Judge Advocate General's Office to Veterans Administration

JAG CM PP5465 2nd Ind. War Department, J.A.G.O., August 28, 1934.- To The Veterans Administration (Attention Miss Nevitt) 1. Reference request of Veterans Administration, dated August 21, 1934, for photostat copy of general court-martial proceedings in the case of John W. Doe, formerly private Trp L 7th Cav., or the loan of the orig- inal record or a copy thereof. 2. You are advised that this office has no available funds for mak- ing photostat copies of records. It is the policy of the War Department not to loan original records outside of the Department. There are no copies available. 3. Heretofore, it has been the practice for a typist from the Vet- erans Administration to come to this office and make such copies as desired, or to have one of the personnel of this office take the original record to the Veterans Administration's photostat plant in order that copy might be made. This office has no objection to the continuance of this practice. For The Judge Advocate General: L. M. SMITH. [stamp] L. M. Smith Major, J.A.G.D., Executive. /s/ EBP