LT. JAMES McGILL, 11th West Virginia Infantry

GENERAL COURT MARTIAL OF

JAMES H. McGILL, LIEUTENANT
Company A Eleventh Regiment West Virginia Volunteer Infantry

Submitted by Michael Wood.

From the Moundsville Echo, September 1, 1916

McGILL ARTICLE

James McGill spent his life trying to clear his name.


             
 
1.
Proceedings of a General Court Martial which convened at Clarksburg 
West Virginia of XXXX of the following Special Order:
 

Head Quarters Second Division
Department of West Virginia
New Creek WVA Feb 17th 1864
 
Special Orders
No. 25
 
 A General Court Martial which by appointed to meet at Clarksburg WVA 
on the twenty-second day of February 1864, or as soon there after as 
predicable for the trial of such prisoners as may be brought before 
it.  
 
Detail of the Court
Lieut Col John H. HOY                6th Regt WVA Infty
Capt M. GLEESON                      23th Regt Ills. Infty
Capt John CARROLL                    6th Regt WVA Infty
Capt Alex MOORE                      11th Regt WVA Infty
2nd Lieut Wm A. HIGGINS              6th Regt WVA Infty
2nd Lieut Jacob F. GREINER           6th Regt WVA Infty
2nd Lieut B. Taylor FROST            11th Regt WVA Infty
1st Lieut W.W. LEWIS                 14th WVA Infty
Will perform the duties of Judge Advocates
 No other officers than those named can be assembled without manifest 
signing to the service.
 
By orders Col. Jas A. MULLIGAN
M.J. RUSSELL
A. Adj. Adj. Gen'l
 
Clarksburg West Virginia
March 16th 1864
 
2.
9 O'clock A.M.
 The court met pursuant to the following order.
Present:
Lieut Col John H. HOY          6th Regt WVA Infty
Capt M. Gleeson               23th Regt Ills. Infty
Capt John Carroll              6th Regt WVA Infty
Capt Alex Moore               11th Regt WVA Infty
2nd Lieut Wm A. Higgins        6th Regt WVA Infty
2nd Lieut Jacob F. Greiner     6th Regt WVA Infty
2nd Lieut B. Taylor Frost     11th Regt WVA Infty
1st Lieut W.W. Lewis          14th WVA Infty
Judge Advocate having been relieved by Special Orders No. 36.
 
Head Quarters 2nd Division 
Department of West Virginia
New Creek WVA March 10th 1864
 
Special Orders
No. 36
 
 Lieut Col. John F Hoy 6th Regt WVA Vol Infantry is hereby relieved as 
member of a General Court Martial convened at Clarksburg WVA by venture 
of Special Orders No. 25 from these Head Quarters dated February 17th 
1864.
 
By order Col. Jas. A. Mulligan
M.J. Russell
Lt. & A.A.Adj Gen'l
 
Head Quarters 2nd Division
Department of West Virginia
New Creek WVA March 10th 1864
 
Special Orders
No. 25

3.
Regt WVA Vol Infantry will perform the duties of Judge Advocate of a 
General Court Martial now commenced at Clarksburg WVA by Special Orders 
No. 25 from these Head Quarters dated February 17th 1864.
 
By order Col. Jas. A. Mulligan
M.J. Russell
Lt. & A.A.Adj Gen'l
 
Michael Burke having been appointed reporter came forward and took the 
oath prescribed by law.
The Court proceeded to the trial of James H McGill 2nd Lieutenant 
Company "A" Eleventh Regiment West Virginia Volunteer Infantry, who was 
called before the Court and having heard the order appointing the 
Court-read, was asked if he had any objections to nay members named in 
the order to which he replied in the negative.
  The court was then in the presence of the accused duly sworn by the 
Judge Advocate and the Judge Advocate was in the presence of the 
accused duly sworn by the President of the Court.
 The accused 2nd Lieutenant James H. McGill Company "A" Eleventh 
Regiment West Virginia Volunteer Infantry was arraigned on the 
following charges and specifications. 
 
Charge 1st

     Conduct prejudicial to good order and military discipline.
     Specification 1st- In this, that the said 2nd Lieutenant James H. 
McGill Company "A" 11th Regiment West Virginia Volunteer Infantry

4.
did, on or about the 12th day of September 1863, near Fort Boreman, 
Parkersburg, West Virginia when guards were detailed to arrest certain 
prostitutes, instruct said guards not to arrest a certain Liz Stewart, 
a noted whore, and did remain with her in the woods most of the night.
     Specification 2nd- In this, that the said 2nd Lieutenant James H. 
McGill Company "A" 11th Regiment West Virginia Volunteer Infantry, did, 
at or near Fort Boreman, Parkersburg, West Virginia, on or about the 
12th day of September, 1863, instruct a part of the men of said Company 
"A" to waylay and assault with stones, guards who were detailed to 
arrest certain whores in the neighborhood of the camp.
     Specification 3rd- In this, that the said 2nd Lieutenant James H. 
McGill Company "A" 11th Regiment West Virginia Volunteer Infantry, did, 
on or about the 26th day of November, 1863, accompany privates John F. 
Gossett, Alexander Kelly and other enlisted men of said Company "A", 
11th Regiment West Virginia Volunteer Infantry, into the town of 
Parkersburg, West Virginia, and did permit them to get intoxicated, 
becoming intoxicated himself, drinking in their presence and getting 
them to drink to the extent that they became intoxicated as aforesaid. 
 
Charge 2nd

     Conduct unbecoming an officer and a gentleman.
      Specification 1st- In this that the said 2nd

5.
2nd Lieutenant James H. McGill Company "A" 11th Regiment West Virginia 
Volunteer Infantry, did, on or about the night of the 16th of 
September, 1863, at Fort Boreman, Parkersburg, West Virginia, take a 
notorious whore, named Elizabeth Stewart, into his tent and quarters, 
and did remain there with her during the most of the night.
     Specification 2nd- In this, that the said 2nd Lieutenant James H. 
McGill Company "A" 11th Regiment West Virginia Volunteer Infantry, did, 
on or about the 18th day of September, 1863, at Fort Boreman, 
Parkersburg, West Virginia, cause John F.M. McWilliams, private of said 
Company "A", to bring to his tent, dressed in male apparel, one 
Elizabeth Stewart, a notorious whore, and did remain there with her 
most of the night.
     Specification 3rd- In this, that the said 2nd Lieutenant James H. 
McGill Company "A" 11th Regiment West Virginia Volunteer Infantry, did, 
near Fort Boreman, Parkersburg, West Virginia, keep, or cause to be 
kept, in the woods a notorious whore named Elizabeth Stewart, and did 
at sundry times visit the said Elizabeth Stewart in the woods.  This 
between the 12th and 30th days of September, 1863.
     Specification 4th- In this that the said 2nd Lieutenant James H. 
McGill Company "A" 11th Regiment West Virginia Volunteer Infantry, did, 
on or about the 26th day of November, 1863 became intoxicated in 
company with privates 

6.
John T. Gossett and other enlisted man of said company, and did, by 
permitting and encouraging said enlisted men to drink, cause them to 
become intoxicated.  This at Parkersburg, West Virginia. 
     Specification 5th- In this, that the said 2nd Lieutenant James H. 
McGill Company "A" 11th Regiment West Virginia Volunteer Infantry, did, 
on or about the evening of the 26th day of November, 1863, at 
Parkersburg, West Virginian, in a public restaurant become intoxicated, 
and did behave in a disorderly and disgraceful manner in the presence 
of John T. Gossett, Alexander Kelly and other enlisted men of said 
Company "A", upsetting the dishes of oysters of said men, throwing 
butter upon them, and spilling the contents of vessels and dishes upon 
the table of the saloon.

William Cummings
Capt. Co. "A" 11th Regt. WVA Infty 
 
     The Charges were read aloud by the Judge Advocate. You have heard 
the charges preferred against you, how say you, guilty, or not guilty, 
to which charges and specifications the accused pleaded as follows.
To Specification 1st Charge 1st  Not Guilty
   Specification 2nd Charge 1st  Not Guilty
   Specification 3rd Charge 1st  Not Guilty
   Specification 3rd Charge 1st  Not Guilty
To Specification 1st Charge 2nd  Not Guilty
   Specification 2nd Charge 2nd  Not Guilty
   Specification 3rd Charge 2nd  Not Guilty

7.
   Specification 4th Charge 2nd  Not Guilty
   Specification 5th Charge 2nd  Not Guilty
   Specification 3rd Charge 2nd  Not Guilty
     Hence the Court adjourned until tomorrow March 17th 1864 to give 
accused time to prepare a special plea.
 
Clarksburg West Virginia
March 17th 1864
 
9 O'clock A.M.
     The Court met pursuant to adjournment, same members present as 
yesterday, also accused and Judge Advocate.
     The accused here asks permission to introduce X. Boggess as his 
consul which the court granted.
 
     1st Liet Andrew Q Mountz of Co. "A" 11th Regt. WVA Infty a witness 
for the Prosecution was duly sworn. 
 
Question by Judge Advocate:  State your name, age, and position in the 
Army.
 
Answer: My name is Andrew Q Mountz, I am 1st Lieutenant of Company "A" 
Eleventh Regiment West Virginia Volunteer Infantry, my age is 26 years.
 
Question by Judge Advocate:  State of you are acquainted with the 
accused Lieut James H. McGill, if so, to what Company and Regiment does 
he belong.
 
Answer: I am acquainted with him,

8.
He is 2nd Lieutenant of Company ["A" 11th] Regiment West Virginia 
Volunteer Infantry.
    The testimony of the witness here closed for the prosecution, the 
accused declined to cross examine.
 
     Sergeant Benjamin F. Carman a witness for the Prosecution was duly 
sworn.
 
Question by Judge Advocate:  State your name, age, and position in the 
Army.
 
Answer: My name is Benjamin F. Carman, my age is 24 years, I am a 
Second Sergeant of Company "A" 11th Regiment West Virginia Volunteer 
Infantry.
 
Question by Judge Advocate: State if you know the accused, if so, do 
you know anything in regard to his keeping a prostitute named Elizabeth 
Stewart in his tent-; if so, state all you know about the matter.
Answer: I am acquainted with him, I saw this woman Elizabeth Stewart in 
the accused tent- at Fort Boreman Parkersburg WVA on or about the 10th 
day of September 1863.
 
Question by Judge Advocate: State if you know the character of this 
woman Elizabeth Stewart.
 
Answer: She is considered wherever she is known as a notorious whore.
 
9.
Question by Judge Advocate: How [long] was this woman Elizabeth Stewart 
in [the] Lieutenant's tent, and was he long with her?
 
Answer: I suppose she was in an hour or two, maybe longer.
 
Question by Judge Advocate: State what was the accused conduct towards 
Elizabeth Stewart, and what he said and done?
 
Answer: I heard her say to accused that she had been run out of Camp 
before, and now she could stay as the accused had the highest authority 
in Camp at the time; Accused seemed to be friendly with her as though 
she was a respectable woman.
 
Question by Judge Advocate: Was the accused in his tent with this woman 
alone at anytime during the day of which you speak?
 
Answer: I think when I came out of the tent; he was left alone with 
her.  I won't be positive about it.
 
Question by Judge Advocate: State if you were detailed as a guard to 
arrest this Elizabeth Stewart, if so, what was done if anything to 
prevent it by accused?
 
Answer: Lieutenant Mountz ordered

10.
the arrest of seven or eight different whores, Elizabeth with the 
others.  I found none but Elizabeth.  I met Lieutenant McGill and he 
said I had no orders to arrest her, and said for me to leave her alone, 
that she would do no harm.  I went into the woods about one hundred and 
fifty yards from the Fort, after then, I found the accused with some 
soldiers, about fifty yards from the woman.  I left the woman and went 
to them drunk man where the accused was then; he told me to take them 
men to the Guard House.  I told him that Lieut. Montz had sent me after 
the woman.  I had found none but Elizabeth Stewart.  He then told me to 
leave her and take them and went off.  This is all I know about the 
case.
The testimony of the witness here closed for the Prosecution.
 
Cross examined by accused.
 
Question by the accused: Please state who brought Elizabeth Stewart 
into Camp at the time you have stated.
   
Answer: I can't say who brought her, whether she came herself or not.
 
Question by the same: Was it in the day or night that you saw her in 
camp?
 
Answer: It was in the forenoon, day time 
11.
Question by same: You will state from which day of the month this was.
 
Answer: It was between the 10th and 12th of September 1863.
 
Question by same: You will please state what was the rank of the 
accused at this time?
 
Answer: He was wearing Second Lieutenant Shoulder Straps.  I suppose he 
had his Commission. 
 
Question by same: Did not the accused call the roll of the Company on 
the evening of the day alluded to?
 
Answer: I do not know that he did, I can't say whether or not.
 
Question by same: State whether you was present when Elizabeth Stewart 
came into Camp; if so, how long do you know of her remaining there?
 
Answer: I was not.  She remained about one hour after I saw her.
 
Question by same: State who were present at the time you saw her in 
Camp?
 
Answer: George James, John Baker, and other whom I do not remember. 
 
12.
Question by same:  Do you know who brought her there; or what was her 
business?
 
Answer: I do not know either.
 
Question by same: You say that you was told by accused to let Elizabeth 
Stewart alone, and take two drunken soldiers to the Guard House; state 
when this occurred.
 
Answer: This was two or three days after I saw her in Camp, it must 
have been about the 13th or 14th of September, 1863.
 
Question by same: You say after you took the soldiers to the Guard 
House; you saw accused no more until next morning, do you know where he 
was during this time?
 
Answer: I do not know where he was.
 
Question by same:  Was not Lieut Mountz of Company "A" 11th Regt. WVA 
Vol Infty present in Camp at this time you saw Elizabeth Stewart there?
 
Answer:  He was not.
 
Question by same: Do you know when the accused was commissioned and 
Mustered in as Lieutenant of Company "A" 11th Regiment West Virginia 
Volunteer Infantry, if so, state what time he was mustered and 
commissioned.


13.
Answer: The date of his commission was the 11th of September 1863.  I 
can't say when he was mustered in.
 
Question by same: You will state who were the two drunken soldiers whom 
you took to the Guard House, as stated?
 
Answer: John McWilliams of Company "A"- can't say who the other was.
 
Question by same: Are you sure there was more than one man taken by you 
to the Guard House at the time spoken of?
 
Answer: I am certain there were two men.
 
Question by same: Who were with you and carried the other soldiers 
alluded to, and where was he found?
 
Answer:  John Baker was with me, I think James Fuller was one of them, 
they were found about one thousand yards from Fort Boreman.
 
Question by same: Were they both found at the same places, if not, how 
far were they apart?
 
Answer: They were about five steps apart when I saw them.
 
Question by same: Was the name of the other drunken solider, George 
Duncan?

14.
Answer: I cannot say positive whether it was or not.
The testimony of this witness here closed.
 
George C. James, a witness for the Prosecution was duly sworn.
 
Question by Judge Advocate:  State your name, age, and position in the 
Army.
 
Answer: My name is George C. James, my age is 48 years; I am a Private 
of Company "A" 11th Regiment West Virginia Volunteer Infantry.
 
Question by Judge Advocate: State if you know the accused, if so, to 
what Company and Regiment does he belong, and what is his position in 
the Army?
 
Answer: I know the accused, he is a Lieutenant of Company "A" 11th 
Regiment West Virginia Volunteer Infantry.
 
Question by Judge Advocate: Do you know anything about a guard being 
detailed to arrest certain prostitutes, and if so, did the accused 
instruct the said guard, not to arrest Elizabeth Stewart?
 
Answer: I don't know any thing about it.
 
Question by Judge Advocate: Do you know anything of accused taking 
Elizabeth Stewart, a whore, in his tent and remaining there

15.
with her, during the most of the night, or go to the woods and meet 
her, and remain with her in the woods near Parkersburg WVA?
 
Answer:  I know that Elizabeth Stewart a whore, went into his tent at 
Fort Boreman sometime in September I thin 1863. 
 
The testimony of the witness here closed for the prosecution.
 
Cross examined by accused.
Question by the accused: Sate whether you know who took or caused the 
said Elizabeth Stewart to go to the tent of accused, or what was her 
business there?
 
Answer: I do not know either.
 
Question by same: Was Lieut. Montz of your company present at the time 
you saw her in camp?
 
Answer: I think he was about the Camp at the time.
 
The testimony of the witness here closed.
 
 John F. M. McWilliams a witness for the prosecution was duly sworn.
 
Question by Judge Advocate:  State your name, age, and position in the 
Army.
 
Answer: My name is John F.M. McWilliams, my age is 23 years, I am a 
Private

16.
of Company "A" 11th Regiment West Virginia Volunteer Infantry.
Question by Judge Advocate: State if you know any thing of Elizabeth 
Stewart.  a whore going to the tent of the accused Lieut McGill; is 
so, when, and who went with her and how long did she stay, is said 
tent, and how was she draped?
 
Answer: I know she went to the tent of the accused, in September last 
1863.  I went with her about 8 or 9 o'clock at night she was draped in 
men's clothing.  I left her there; I do not know how long she 
remained.  I found her next morning in the same drapes. 
 
Question by Judge Advocate: State if you know whether the accused had 
procured any person to bring Elizabeth Stewart to his tent or not; is 
so, who was it?
 
Answer: I do not.
 
Question by Judge Advocate: State if you ever saw accused in the woods 
with Elizabeth Stewart; if so, when, and where?
 
Answer: I saw him once near the Camp in the woods, she was there.  I 
can't say as to the time.
 
Question by Judge Advocate: State if you know the character of this 
woman Elizabeth

17.
Stewart?
 
Answer: She is represented to be a whore.
The testimony of the witness here closed for the prosecution.
 
Cross examination by accused:
 
Question by the accused: State all that occurred at the time you took 
the said Elizabeth Stewart to the tent of the accused, and the next 
morning.
 
Answer: Nothing occurred at the time she went into the tent.  Next 
morning I woke her, and told her to get out of that, for fear some one 
would see her.  She was lying in the bunk of the accused.  She had on 
the pants, and I think the coat, she got-up and went away.  It was just 
getting day light.  The accused was in the bed asleep with her.
 
Question by same: Was not the accused asleep in his tent, at the time 
you took said Elizabeth there?
 
Answer: I could not tell.  I told him it was a soldier, and wanted him 
to sleep there as near as I could recollect, he said he could sleep 
there, as there was nobody to sleep with him.
 
Question by same: Was the accused asleep in the morning when you went 
to the tent, and what was said there at that time, if

18.
anything?
 
Answer: I could not say whether he was asleep or not, there was nothing 
said.
 
Question by same: Have you any reason to believe that the accused knew 
that the said Elizabeth was not an Ohio Soldier, as you had represented 
to him?
 
Answer: I have no reason to believe either way.
 
Question by same: Did not the accused require of you in the morning 
when you awakened said Elizabeth, who had brought her there?
 
Answer: I do not recollect.
 
Question by same: Did you not afterward boast to the men of the 
Company, that you had played off a good joke on the accused, in taking 
the said Elizabeth to his tent, and playing her off, for an Ohio 
Soldier?
 
Answer: I believe I did to one of the men, I will not be certain.
 
Question by same: You say you once saw accused in the woods with said 
Elizabeth, but cannot remember the time.  State whether this was 
before, or after accused was a commissioned officer of the Company?

19.
Answer: It was before he got his commission I think.
 
Question by same: Was it before he got his commission that you saw said 
Elizabeth go in his tent, as speaking of?
 
Answer: It was before he got his commission.
 
Re-Examined
 
Question by Judge Advocate: Did you find Sergeant Malsed [William H.] 
in the tent of the accused.  When you took Elizabeth Stewart to his 
tent; if so, did you whisper to the Lieutenant that Elizabeth was 
outside, and did he the lieutenant tell you to wait until Malsed went 
away, and that he would blow out the light- and then she could come in?
 
Answer: Nothing of that kind occurred.
 
Question by Judge Advocate: State if you know whose cloths Elizabeth 
Stewart had on when she went to the tent of the accused?
 
Answer: I do not know, only what she said.
 
Question by Judge Advocate: Be sure, and state if possibly, what time 
Elizabeth Stewart went to the tent of the accused, draped in men's 
clothing?

20.
Answer: As near as I can say it was about the 1st of September 1863.
 
Question by Court: At this time was he doing the duties of Second 
Lieutenant, or as Orderly?
 
Answer: I think he was acting as Orderly at that time.
 
The testimony of the witness, here closed.
 
 John T. Gossett a witness for the prosecution was duly sworn.
 
Question by Judge Advocate:  State your name, age, and position in the 
Army.
 
Answer: My name is John T. Gossett, my age is 27 years.  I am a Private 
of Company "A" 11th Regiment West Virginia Volunteer Infantry.
 
Question by Judge Advocate: State if you know anything in regard to the 
accused going to a Confectionary in Parkersburg WVA with one J.T. 
Gossett and Alexander Keyy, and there persuade these men to drink, and 
got drunk with them, and behave in a disorderly and disgraceful manner 
and all other facts you know in the case?
 
Answer: I went to town and meet Kelly, and the Lieutenant, all three 
then went to Schaffers Confectionary Parkersburg WVA, Kelly and I got 
drunk, the Lieutenant 

21.
drank with us a number of times.  I think all three were drunk.  I do 
not know what the Lieutenant done then, I was took drunk to remember 
what took place, I treated.  The lieutenant did not treat, or ask 
either of us to drink.  Captain Cummings was there and treated once to 
Lager Beer.
 
The testimony of the witness closed for the prosecution.
 
Cross examined by accused.
 
Question by the accused: Did not the accused go to the Confectionary at 
the invitation of Frank Logan, a citizen of Parkersburg?
 
Answer: I believe he did.
 
Question by same: Did you not say in you reexamination in chief, that 
the accused did not behave in a disorderly or disgraceful manner?
 
Answer: Yes, that is what I said, of the best of my knowledge.
 
Question by same: Did the accused at the time you speak of, upset 
dishes of oysters, or throw butter on any of the men, or spill any of 
the contents of the vessels and dishes on the table, or do any other 
act of like character?
 
Answer: Not as I know of

22.
Question by same: Can you say that the accused was drunk at the time 
you speak of?
 
Answer: I thought he was drunk.
 
Question by same: Do you think that you was capable of judging 
correctly, or to the extent which accused or anybody else, was 
influenced by drinking? 
 
Answer: I do not think I was, I was too much intoxicated.
 
Question by same: State particularly why you thought, or now think, the 
accused was drunk at the time referred to?
 
Answer: I thought we were all drunk.  I can't state any reason for it.
 
Question by same: Did the accused at anytime, cause you or any one else 
within you knowledge, to become intoxicated?
 
Answer: He did not, He did not meet anyone.
 
Question by same: How long did the accused remain with you at the 
confectionary, and when did Captain Cummings come, and how long did he 
remain?
 
Answer: The accused remained almost

23.
one hour, that is as near as I can say. Captain Cummings came in 
shortly after we went in there he stayed about 15 or 20 minutes.
 
Question by same: Did not the accused, as soon as he had drank with Mr. 
Logan, go out of the Confectionary, and meet Captain Cummings, who 
invited accused to return, and did not accused leave Captain Cummings 
in the Confectionary when he left?
 
Answer: I can't answer any part of that question.
 
The testimony of the witness here closed.
 
 Fredrick Schaffer a citizen witness for the prosecution was duly 
sworn.
 
Question by Judge Advocate: State your name, age, and residence.
 
Answer: My name is Frederick Schaffer, I am a citizen of Parkersburg 
West Virginia, my age is 27 years.
 
Question by Judge Advocate: State if you know the accused Lieut. 
McGill, if so, did you see him in the month of November 1863 in the 
town of Parkersburg West VA and if so, was he at a XXblie restaurant, 
and what was his condition.  If you know, state all the facts within 
your knowledge.
 
24.
Answer: I know the accused. I saw him in my restaurant in Parkersburg 
West VA in November last.  He drank two gulps of beer in my house.  He 
was not drunk in my home. I never saw him drink.
 
The testimony of this witness closed for the prosecution.
 
 The accused declined to cross examine.
 
 Corporal Oscar Reed, a witness for the prosecution was duly sworn.
 
Question by Judge Advocate:  State your name, age, and position in the 
Army.
 
Answer: My name is Oscar Reed, I am a Corporal in Company "A" 11th 
Regiment West Virginia Volunteer Infantry, my age is 21 years.
 
Question by Judge Advocate: State if you know the accused; is so, do 
you know anything about Elizabeth Stewart entering his tent?
 
Answer: I know nothing of the case whatever.
 
The testimony of the witness here closed.
 
John Wolf a witness for the prosecution was duly sworn.
 
Question by Judge Advocate:  State your name, age, and position in the 
Army.

25.
Answer: My name id John Wolf. I am a Private of Company "A" 11th 
Regiment West Virginia Volunteer Infantry.  My age is 18 years old.
 
Question by Judge Advocate: State if you know the accused; if so, did 
you see him during the month of November 1863 at Parkersburg, West VA 
drinking with Privates Kelly and Gossett; if so, how many times did he 
drink, and was he drunk?
 
Answer: I know accused.  I saw him at the time referred to.  He drank 
XXXX XXXXX , he was not drunk.  This was at Schaffer's Restaurant on 
Thanksgiving Day November 26th 1863.  He did not misbehave in any 
manner that I saw.
 
This testimony of the witness here closed by the prosecution.
 
Cross examination by accused.
 
Question by the accused: At whose invitation did the accused drink?  
Was it not at the invitation of Captain Cummings?
 
Answer: Captain Cummings invited him to drink.
 Question by same: State whether you was in the restaurant all the time 
the accused was there, on the day named?
 
Answer: I was not.  I went with him, and left him there.  I saw him ten 
or

26.
fifteen minutes afterwards down toward the point.
 
The testimony of this witness here closed.
 
 Edwin Brown a witness for the prosecution duly sworn.
 
Question by Judge Advocate:  State your name, age, and position in the 
Army.
 
Answer: My name is Edwin Brown, I am a Private of Company "A" 11th 
Regiment West Virginia Volunteer Infantry.  My age is 18 years.
 
Question by Judge Advocate: State if you know anything of Lieutenant 
McGill having Elizabeth Stewart in his tent at Fort Boreman; if so, 
when was it, and state all you know in the case.
 
Answer: I saw Elizabeth Stewart in his tent.  This was in September 
1863 about the 12th I think Lieutenant was talking with her.  He 
appeared to be familiar with her.  He did not invite her in the tent 
that I heard; she stayed there almost one hour in camp  not all the 
time in his tent.
 
Question by Judge Advocate: Do you know anything further in the case?
 
Answer: I do not.
 
The testimony of this witness here closed for the prosecution.
 
Cross examined by accused.

27.
Question by the accused: State whether it was not in the daytime, that 
you saw said Elizabeth Stewart in the tent of the accused.
 
Answer: It was.
 
Question by same: Was the conversation you heard between the accused 
and said Elizabeth, private, or was it in the presence of others?
 
Answer: It was in the presents of others.
 
Question by same: Was not the tent of the accused at the time you saw 
said Elizabeth there, open and exposed to the view of all who might be 
passing and re-passing or was it closed?
 
Answer: It was open and exposed to the view of all.
 
Question by same: Was the conversation you speak of between the accused 
and said Elizabeth obscene or immoral?
 
Answer: It was not.
 Question by same: Was not the said Elizabeth Stewart a married woman; 
is so, state if you know what was the occupation or calling of her 
husband?
 
28.
Answer: She was a married woman, her husband was a soldier.
 
 Re-examined by Judge Advocate
 
Question by Judge Advocate: State what her reputation was in Camp.
 
Answer: She was known as a notorious whore.
The Court here adjourned until 11 O'clock tomorrow March 18th 1864, on 
account of the absence of witness.
 
Clarksburg West Virginia
March 18th 1864
 
 The Court met pursuant to adjournment same members present as 
yesterday.
Present
 
Capt M. Gleeson               23th Regt Ills. Infty
Capt John Carroll              6th Regt WVA Infty
Capt Alex Moore               11th Regt WVA Infty
2nd Lieut Wm A. Higgins        6th Regt WVA Infty
2nd Lieut Jacob F. Greiner     6th Regt WVA Infty
    2nd Lieut B. Taylor Frost 11th Regt WVA Infty
Lieut Col John H. Hoy          6th Regt WVA Infty
   Judge Advocate
 
 The proceedings of yesterday were read, and the Court proceeded with 
the trial of Lieutenant James H. McGill.
 
 Daniel Kimble a witness for the prosecution was duly sworn.
 
Question by Judge Advocate:  State your name, age, and position in the 
Army.
 
Answer: My name is Daniel Kimble,

29.
my age is 26 years, I am a Private of Company "A" 11th Regiment West 
Virginia Volunteer Infantry.
 
Question by Judge Advocate: State if you are acquainted with the 
accused Lieutenant McGill; if so, did you have any conversation: with 
him in or near Parkersburg West Virginia in regard to the stoning of 
guards who were sent to arrest prostitutes; if so, state all you know.
 
Answer: About the last of September 1863, I heard James H McGill, the 
accused, make a proposal to eighteen or twenty of the men of Company 
"A" 11th Regiment West Virginia Volunteer Infantry, while we were 
working on Fort Boreman Parkersburg West Virginia, he was to send some 
of the guards and a Sergeant after these women (Prostitutes) and was to 
place some men in the woods to stone the guards while passing in the 
woods, it played off and nothing done with it in my presence, the 
guards did not go.
 
Question by Judge Advocate: Did you hold any conversation with accused 
in regards to Elizabeth Stewart a whore; if so, what was said by 
accused?
 
Answer: I never had any conversation with him.
 
Question by Judge Advocate: State if you know anything of Elizabeth 
Stewart remaining in the tent of accused during the night, at Fort 
Boreman.
 
30.
Answer: I do not.
 
Question by Judge Advocate: How many men of the 18 or 20 heard what 
accused said at the time referred to in Fort Boreman?
 
Answer: I suppose one half or more of them herd it.
 
Question by Judge Advocate: State if the 18 to 20 man spoken of were 
privates of the Company of which he was Lieutenant.
 
Answer: They were.
 
Question by Judge Advocate: Do you know any more of this case?
 
Answer: Nothing
 
The testimony of this witness here closed for the prosecution.
 
Cross examined by accused.
 
Question by the accused: You will please give the names of the men who 
were present and heard the proposal of the accused in relation to 
sending and stoning the guard.
 
Answer: I do not recollect who, I know for certain George [W] Deems we 
were all there together, I can't say who were there.
 
Question by same: How do you know there were as many as 18 to 20 men 
present if you cannot recollect more than one of them?

31.
Answer: There was a squad working in the forenoon and one in the 
afternoon, this was in the afternoon, and near quitting time.
 
Question by same: Do you not know the names of the men of your Company?
 
Answer: I do know the names of most of them.
 
Question by same: If the roll of the Company was shown or read to you, 
could you then tell which of them were present at the Fort at the time 
referred to?
 
Answer: I could a greater portion of them.
 
Question by same: Was there any Commissioned or Non-Commissioned offers 
present?
 
Answer: None but the Lieutenant himself McGill.
 
Question by same: Where were the other officers and noncommissioned 
officers at the time?
 
Answer: I can't tell.
 
Question by same: Was Joseph S. Smith, Joseph D. Smith, Alexander 
Kelly, Isaac Hudson, Edward A Brown, Charles W. Davis, John Wolf, Oscan 
Reed, George C. James, and John F.M. McWilliams or either of these 
present at the time referred to? 

32.
Answer: I do not recollect, it was the front rank worked, there was 
some of the names called that was in the front rank, whether they were 
there or not, I can not say.
 
Question by same: Which of them were in the front rank squad, name 
them!
 
Answer: George C. James, Charles Davis, J.D. Smith, that is all I 
remember of the front rank.
 
Question by same: You will state particularly the time when the 
conversation occurred to which you have alluded.
 
Answer: So well as I can remember it was the last of September 1863 or 
first of October 1863.
 
The accused here asks that the examination of the witness be suspended 
until he can secure a copy of the roll of Company "A" 11th Regiment 
West Virginia Volunteer to ascertain from it which of the members of 
said company the witness will identify as having been present at the 
time of the conversation referred to in Fort Boreman , and asks that 
the proper officers be summoned to bring forth which or order to send 
for with the same roll.
 The Court granted the request of accused and adjourned until Monday 
morning at 11 O'clock March 21st 1864, and order Caption Moore to 
proceed to Parkersburg West Virginia and procure said roll.

33.
Clarksburg West Virginia
March 21st 1864
 
11 O'clock A.M.
  
The Court met pursuant to adjournment. 
Present
 
Capt M. Gleeson              23th Regt Ills. Infty
Capt John Carroll             6th Regt WVA Infty
Capt Alex Moore              11th Regt WVA Infty
2nd Lieut Wm A. Higgins       6th Regt WVA Infty
2nd Lieut Jacob F. Greiner    6th Regt WVA Infty
   2nd Lieut B. Taylor Frost  11th Regt WVA Infty
Lieut Col John H. Hoy          6th Regt WVA Infty
   Also Judge Advocate, accused and his Counsel.
 
Cross examination by accused continues.
 
Question by the accused: You will take, and examine the roll of your 
Company, and name each of the members of said Company, as were present, 
and heard the conversation in question to sending and stoning the guard 
to which you referred in your examination in chief.
 
Answer: I cannot read, the men present from your call of the roll, were 
James Villars, James Baker, Willaim R. Cunningham, George W. Deems, 
Charles W. Davis, Goerge W. Grier, George C. James, Andrew L. Mooney, 
Armstead Sexton, S.B. Smith and Albert Villars.
 
Question by same: You stated in answere to a former question, that you 
did not 

34.
know that George C. James and Charles W. Davis were present.  You know 
say they were present; what enables you to speak with certainty that 
they were present?
 
Answer: The calling of the roll refreshes my memory, they were there to 
the best of my recollection.
 
Question by same: Is the only reason why, your memory is refreshed?
 
Answer: Yes sir, it is the only reason.
 
Question by same: Were not these names called to your attention before; 
and the question asked you whether they were present?
 
Answer: I do not recollect whether the question was asked or not, about 
them being present.
 
Question by same: Do you mean to say that Joseph S. Smith, Joseph D. 
Smith, Alexander Kelly, Isaac Anderson, Edward A. Brown, Charles W. 
Davis, John Wolf, Oscar Reed, George C. James, and John F. M. 
McWilliams, were present at, and heard the conversation alluded to?
 
Answer: I do not mean to say so now, I do not know whether they heard 
the conversation or not.  I can't swear that the manes here mentioned 
were all present.  Some of them were.

35.
Question by same: You will state particularly which of them were 
present.
 
Answer: Joseph S. Smith, C.W. Davis, and George C. James were present, 
the other names I can't say whether present or not.  To the best of my 
recollection the others were there.
 
Question by same: Why do you say the others were there to the best of 
your recollection if you have no recollection whether they were there 
or not?
 
Answer: The best of my recollection is, there were eighteen (18) or 
twenty (20) there of the front rank, and there must have been some of 
them.
 
Question by same: Why did you state when the roll of the Company was 
called that John F.M. McWilliams, Edward A. Brown, Alexander Kelly, 
Isaac Henderson, John Wolf, and Oscar Reed were there, if you cannot 
now recollect whether they were or not.
 
Answer: I did not so state.
 
Question by same: Did you not state that these persons were present, 
when the roll of the Company was read to you?
 
Answer: I did not.
 
Question by same: Do you now mean to say

36.
that Joseph Villars, James Baker, William R. Cunningham, George W. 
Deem, Charles W. Davis, George W. Grier, George C. James, Andrew L. 
Mooney, Armestead Sexton, Samuel B. Smith, and Albert Villars, were 
present at the time of the conversation of accused, about stoning the 
guard alluded to by you in you examination in chief?
 
Answer: To the best of my recollection they were.
 
Question by same: 
Do you mean to say that these persons heard the conversation alluded 
to?
 
Answer: I can't say whether they did or not.
 
Question by same: Did you not, in answer to a former question say, that 
you did not remember whether Charles W. Davis, and George P Davis, were 
present at the time of the conversation?
 
Answer: I did say they were present to the best of my recollection. 
 
Question by same: Did you not say they were not present, as well as you 
can remember?
 
Answer: I said as well as I could remember when the roll was called, 
they were present.  I did not state they were not present as well as I 
could remember.

37.
Question by same: Were you not asked on Saturday last, whether George 
C. James, and Charles W. Davis, were present at the time of the 
conversation referred to, and did you not in answer to that answering, 
say that you did not recollect whether they were present at the time?
 
Answer: I do not now recollect that I was asked the question.
 
Question by same: Had you been asked the question there, would you have 
remembered whether they were present?
 
Answer: I could not.
 
Question by same: You will please state why you now remember whether 
they were present, if you could not have remembered it on Saturday 
last?
 
Answer: The calling of the roll, refreshed my memory.
 
The testimony of the prosecution here closed.
 
The accused asked until tomorrow 9 o'clock A.M. to prepare his 
testimony.
 The court granted the request, and adjourned until tomorrow March 22nd 
1864, 9 o'clock A.M.
 
Clarksburg West Virginia
March 22nd 1864
 
9 O'clock A.M.
 The court met pursuant 

38.
to adjournment.
  
Present
 
Capt M. Gleeson		      23th Regt Ills. Infty
Capt Alex Moore	    	      11th Regt WVA Infty
2nd Lieut Wm A. Higgins        6th Regt WVA Infty
2nd Lieut Jacob F. Greiner     6th Regt WVA Infty
   2nd Lieut B. Taylor Frost  11th Regt WVA Infty
   Also Judge Advocate; accused and his Counsel.
 
Absent
 
Capt John Carroll   6th Regt WVA Infty
In account of sickness and death in his family.
 
The Court here adjourned until tomorrow March 23 1864- 11 O'clock, on 
account of the absence of Capt Carroll, who is absent by reason of 
sickness and death in his family.
 
Clarksburg West Virginia
March 23 1864
 
The Court met pursuant to adjournment, same members present as 
yesterday, Capt John Carroll still absent on account of sickness and 
death in his family.-
Present also, accused with his counsel and the Judge Advocate.
 
The Court proceeded with the trail of Lieutenant McGill.
 
Samuel B. Smith a witness for accused was duly sworn. 
 
Question by the accused: Sate you r name, age, and position in the 
Army, and whether you are acquainted with Daniel Kembal Private 

39.
of Company "A" 11th Regiment West Virginia Volunteer Infantry.
 
Answer: My name is Samuel B. Smith, my age is 24 years, I am a private 
soldier of Company "A" 11th Regiment West Virginia Volunteer Infantry, 
I am acquainted with Daniel Kembal a private of Company "A" 11th 
Regiment West Virginia Volunteer Infantry.
 
Question by same: State where you were during the month of September 
last, and particularly about the last part of the month.
 
Answer: I was in Fort Boreman during all the month of September 1863.
 
Question by same: Did you at anytime at Fort Boreman, hear the accused 
say anything to the men of his Company about detailing a guard to 
arrest some whores, or about sending any of the men to stone such 
guards?
 
Answer: I did not.
 
Question by same: If such a conversation had occurred in your presence, 
would you have likely heard it, and remembered it?
 
Answer: I would.
 
The testament of this witness here closed for the accused.
 
Cross examination by Judge Advocate

40.
Question by Judge Advocate: State if you were at work at Fort Boreman 
about the last of September or first of October 1863 in the XXXXXXXX of 
the day with Daniel Kembal which Lieutenant McGill had charge of the 
working party at said place.
 
Answer: I worked several days in the afternoon in the Fort with Kembal 
while Lieutenant McGill had charge of the squads.
 
Question by Judge Advocate: State if you were of the front rank that xx 
worked.
 
Answer: I was.
 
Question by Judge Advocate: Do you pretend to say that you heard all 
the conversation that occurred during the time you worked, between Lt. 
McGill and the men at work in Fort Boreman?
 
Answer: I do not.
 
Question by Judge Advocate: Could Lieutenant McGill have made 
arrangements to stone the guards who were ordered to arrest whores, 
without your knowledge?
 
Answer: I think he could not.
 
Question by Judge Advocate: You have stated that you did not hear all 
the conversation that occurred between Lieutenant 

41.
McGill and the men while you were at work at Fort Boreman.  How then 
can you say he could have made no arrangements to stone the guard 
without your knowledge?
 
Answer: I think he could not have done so without me hearing it from 
some of the men.
 
The testimony of the witness here closed
 
James Barker a witness for the accused was duly sworn.
 
Question by the accused: Please state your name, age, and position in 
the Army, and whether you are acquainted with David Kembal a private of 
Company "A" 11th Regiment West Virginia Volunteer Infantry.
 
Answer: My name is James Baker  age 28 years- I am a private soldier 
Company "A" 11th Regiment West Virginia Volunteer Infantry.  I am 
acquainted with Daniel Kembal a Private in Company "A" 11th Regiment 
West Virginia Volunteer Infantry.
 
Question by same: State where you were during the month of last 
September and particularly the latter part of that month.
 
Answer: I was in Fort Boreman at work during the entire month of 
September last.

42.
Question by same: Did you at anytime hear the accused say anything 
about detailing a guard to arrest some whores at or near Fort Boreman, 
or about sending any of the men to stone such guards?
 
Answer: I did not.
 
Question by same: Had the accused at anytime in your presence, had such 
conversation, do you think you would have probably heard, and 
remembered it?
 
Answer: I think I would have remembered about it if I had heard it, I 
did not hear it.
 
Question by same: If the accused has said anything in your presence 
about sending men to stone the guards, do you think you would have 
heard it?
 
Answer: I would have heard it if he had said it.
 
The testimony of this witness here closed.
 
The Judge Advocate declined to cross examine
 
Armstead Sexton a witness for the accused was duly sworn.
 
Question by the accused: You will please state your name, age, and 
position in the Army; also whether you are acquainted with Daniel 
Kembal private of Company "A" 11th Regiment West Virginia Volunteer 
Infantry.

43.
Answer: My name is Armtead Sexton- age 26 years, I am a Private of 
Company "A" 11th Regiment West Virginia Volunteer Infantry. I am 
acquainted with Daniel Kembal private of Company "A" 11th Regiment West 
Virginia Volunteer Infantry.
 
Question by same: State where you was doing the month of September 
last, and at what you was particularly engaged, about the latter part 
of the month.
 
Answer: I was working in Fort Boreman.  I was picking and shoveling 
dirt.
 
Question by same: Did you ever hear the accused say anything in the 
presence of any of the men of the Company, about sending a guard to 
arrest some whores also near Fort Boreman, or about sending any of the 
men to stone such guards?
 
Answer: I did not.
 Question by same: Had such conversation taken place in your presence 
do you think you would probably have heard it?
 
Answer: I would of course.
 
The testimony of this witness here closed.
The Judge Advocate declined to cross examine.
 
Charles W. Davis a witness for the accused was duly sworn.

44.
Question by the accused: State you name, age, and position in the Army, 
and whether you are acquainted with Daniel Kimbal of Company "A" 11th 
Regiment West Virginia Volunteer Infantry.
 
Answer: My name is Charles W. Davis- age 55 years. I am a private of 
Company "A" 11th Regiment West Virginia Volunteer Infantry. I am 
acquainted with Daniel Kibmal private Company "A" 11th Regiment West 
Virginia Volunteer Infantry.
 
Question by same: Where were you during the month of September last?
 
Answer: I was in Fort Boreman.
 
Question by same: Did you ever hear the accused at Fort Boreman say 
anything to the men of his Company about detailing a guard to arrest 
some whores at or near Fort Boreman, or anything about sending any of 
the men to stone such guards?
 
Answer:  No sir, I never heard any such thing.
 
Question by same: Had he said anything of the kind in your presence, do 
you think you would likely have heard it?
 
Answer: If it had been said in my presence I think I should have heard 
it.

45.
The testimony of this witness here closed for the accused.
 
Cross examination by Judge Advocate
 
Question by the Judge Advocate:  State if the guards were stoned about 
that time when they were ordered to arrest some whores.
 
Answer: I do not know of any more knowledge.
 
The testimony of this witness here closed.
 
George C. James a witness for the accused was duly sworn.
 
Question by the accused: Please state your name and whether you have 
been examined before in this case.
 
Answer: My name is George C. James.  I have been examined in this case.
 
Question by same: State where you was during the month of September 
last.
 
Answer: I was at Fort Boreman.
 
Question by same: Did you ever hear the accused at Fort Boreman say 
anything about sending a guard to arrest some whores, or about sending 
any of the men of his Company to stone such guards?
 
Answer: I did not hear him say so.
 
Question by same: Had the accused said anything of the kind in your 
presence, do you think you would have heard and

46.
remembered it?
 
Answer: I think I would.
 
Cross examination by Judge Advocate.
 
Question by the Judge Advocate:  State if the guards were sent about 
the latter part of September 1863 to arrest some whores, and if said 
guard were at that time stoned.
 
Answer: There was about that time a guard detail to arrest some whores, 
I was one of the guards, we arrested them and took them to Head 
Quarters Parkersburg, while we were taking them so, some stones were 
thrown at the guard.
 
Re-examined by accused.
 
Question by the accused: State particularly when the guards were so 
stoned.
 
Answer: It was the last of September or first of October as near as I 
can remember.
 
Question by same: Do you know who detailed the guards spoken of?
 
Answer: Sergeant Carman made the detail.
 
Question by same: State who were the persons detailed, and, on this 
guard at the time they were stoned.
 
Answer: James Villars, George Grier [Greer],

47.
David Kener [Keener] and myself, the others I do not remember, five or 
six altogether.
 
Question by same: Was this on the day that John F.M. McWillaims was 
taken to the guard house drunk by the order of Sergeant Carman?
 
Answer: I do not know.
 
Question by same: Was Joseph D. Smith on the guard?
 
Answer: I can't say positively, but I am inclined to think he was.
 
Question by same: Do you know who it was that stoned the guard?
 
Answer: I do not know.
Question by same: Do you know whether there more than one, or whether 
it was done by Soldiers or Citizens?
 
Answer: I do not know.
 
Question by same: Do you know whether there was ever but the one guard 
detailed during the month of September last at Fort Boreman to arrest 
whores?
 
Answer: I do not know of but once.
 
Question by same: Who was in charge

48.
of the guard at the time you have spoken of?
 
Answer: Sergeant Carman.
 
The testimony of the witness here closed.
 
The accused has made forfeit, and offered copies of papers here to 
attached, and made a part of the record, by order of the Court there 
bring no further testimony, the case here closed.  The case was here 
submitted to the Court.
 
The statements of the parties being thus in possession of the Court.  
The Court was cleared for deliberation, and having maturely considered 
the evidence accused, find the accused 2nd Lieutenant James H McGill 
Company "A" eleventh Regiment West Virginia Volunteer Infantry as 
follows:
 
of Specification 1st Charge 1st   Not Guilty
of Specification 2nd Charge 1st  Not Guilty
of Specification 3rd Charge 1st  Not Guilty
   Specification 3rd Charge 1st   Not Guilty
of Specification 1st Charge 2nd      Guilty
   Specification 2nd Charge 2nd      Guilty
Guitly- of remaining with one Elizabeth Stewart a notorious whore 
("draped in male attire") in his tent-the grater part of one night.
   Specification 3rd Charge 2nd  Not Guilty
   Specification 4th Charge 2nd  Not Guilty
   Specification 5th Charge 2nd  Not Guilty
   Specification 3rd Charge 2nd      Guilty
 
49.
The Court therefore so sentence James H. McGill 2nd Lieutenant of Co A. 
11th West Va Vol I. to be dismissed the service of the United States.
 
The Court will adjourn until tomorrow March 25th 1864 God Will
 
Jn Hoy                         M Gleeson
6th Regt W Va I            Capt 23rd Ill Regt Vol I.
Judge Advocate            Prest of Court
 
Hd Qurs 2nd Div D WVa
New Creek, WVa April 4th 1864
 The proceedings findings and sentence in the above case are approved 
and respectfully forwarded to Dept. Hd. Qurs.
J. A. Mulligan  
       Col
                              Orderly 2nd Div D Wva
 
Head Quarters Department of West Va. Frederick Maryland Aug 1st 1864.
The proceedings, findings and sentence of the General Court Martial in 
the forgiving case are approved and confirmed 2nd Lieutenant James H. 
McGill, 11th Regiment West Va Vol. Infantry ceas to be an officer in 
the Military Service of the United States from this date.
      LE Hunter,
      Maj Gen
 

50.
"Office Judge Advocate Department of West Virginia,
 
Cumberland June 20 1864
 
To Gen Hunter
 In the Case of 2nd Lt. James H McGill 11th Va Intry- The testimony 
justifies the finding & sentence of the Court- approval respectfully 
recommended.
 
M. E. Crawsbeth 
Judge Advocate
Dept West Va


BACK