Jacobs Testimony - Court Martial of Sgt. William Walker

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Court Martial of William Walker Pages

Testimony of 2nd Lt John E. Jacobs, 3rd S. C. Vols.

  • Direct Examination by the Judge Advocate
  • Cross Examination by Defense Counsel
  • 2nd Lt John E. Jacobs, 3rd S. C. Vols. A witness for the prosecution, was duly sworn in.

    Direct Examination

    Question by the Judge Advocate: State your military rank and position.
    Answer: 2nd Lt, 3rd S. C. Vol. Inf.

    Question by the Judge Advocate: Where were you stationed on or about the 19th of Nov. 1863?
    Answer: Camp Bennett, Hilton Head Island.

    Question by the Judge Advocate: Do you know the accused, and if so, where was he on that day?
    Answer: I know him. He was also in camp.

    Question by the Judge Advocate: State his conduct, as far as you have knowledge of it, on that day?
    Answer: The first I saw of him after roll call, he was at the head of the company (A), apparently in command of it, marching up to the Colonel’s quarters. At the front of the Colonel’s quarters, he gave the command “stack arms”. They stacked arms, and portions of the other companies. The Colonel asked, “what does all this mean!” The accused replied, they were “not willing to be soldiers for seven dollars per month.” The Colonel first advised them to take arms, and then commanded them to take arms. Sgt Walker then left his place at the head of the company, and walked up and down in the rear of the company, telling the men not to take their arms. He came to the left of the line, and the company left, without taking their arms and accoutrements. I know nothing of his conduct further, until the middle of the day.

    Question by the Judge Advocate: Do you know a Pvt in Co “A”, by the name of Jacob Smith?
    Answer: I do sir.

    Question by the Judge Advocate: Where was said smith on or about the 19th Nov. 1863?
    Answer: At camp Bennet, Hilton Head Island, S. C.

    Question by the Judge Advocate: What was his conduct that day?
    Answer: His conduct was mutinous. I ordered him in the morning to go on guard, He absented himself form camp till evening.

    Question by the Judge Advocate: What was your action in relation to said Smith when he returned?
    Answer: I placed him in arrest, and proceeded to hand-cuff him.

    Question by the Judge Advocate: Was there any apposition made to you hand-cuffing him. If so, by whom?
    Answer: He resisted, and the guard would not help me. He called on his company to come and release him. Sgt Walker, the accused, called to Co “A” to fall in. They fell in, quite a portion of them, and marched to the Guard House. Sgt Walker, the accused, said, “snatch hold of him, take him away my Bully Boys”. They obeyed his order and took him from me.

    Question by the Judge Advocate: Were you with Co “A” at Drayton’s Plantation?
    Answer: I was, and in command of the company.

    Question by the Judge Advocate: Who was then 1st Sgt of the company?
    Answer: Sussex Brown.

    Question by the Judge Advocate: Have you any knowledge of the accused having trouble with said Sgt while there, and if so, what?
    Answer: I heard accused say three times to the Sgt, “I will put a cartridge in my gun, and shoot you, God damn you.” I heard this while in my tent, and they were in the street.

    Cross Examination

    Question by Accused: Was there more than one person gave the order to “stack arms” when the men were in front of the Lt Col’s quarter’s on the morning of the 19th Nov?
    Answer: I did not hear any other man give the order.

    Question by Accused: At the time that Pvt Jacob Smith was recued from you at Camp Bennett, was it only the men of Co “A” who were concerned in the rescue?
    Answer: That was all. The men, and Sgt Walker, the accused.

    Question by Accused: Was there not a large concourse of the men of the regiment about the guard tent, before you noticed the men of Co “A” coming, and had not threats of the rescue been made before you heard the accused use the language you have attributed to him?
    Answer: There might have been a few there before Co “A” arrived, but I did not hear any threats made, till by the accused, excpt by Jacob Smith.


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