Court martial of Benjamin Tayman (May 1863)
Date:
23 May 1863
to
26 May 1863
Location:
Virginia, United States
This page has been accessed 25 times.
[source: General court martial, 25 May 1863, Benjamin J Tayman, 91st Pennsylvania Volunteer Infantry; National Archives and Records Administration, Record Group 153 (Records of the Office of the Judge Advocate General (Army), 1792-1982); Washington, D.C.: National Archives and Records Administration.]
[see Courts martial 91st Pa]
[Headings have been inserted for clarity.]
the court
- [page 1]
'15'
'N N 52'
'Proceeding of G.C.M. convened pursuant to Special Orders 63 + 75 Div. Hd. Qrs.'
'In the cases of'
'Private Geo. Felsinger Co. F 146th N.Y.V.'
'+ Adt. B. J. Tayman 91st Penn. Vols.'
'K. Garrard Col. 146th N.Y.V.'
'Prest. of Court'
'E. J. Otis Capt 146th N.Y.V.'
'Judge Advocate'
- [page 2]
'14'
'11'
'Proceedings of a General Court Martial convened at the Camp of the 3rd Brigade 2nd Division 5th Corps in pursuance of the following Special Orders viz:'
'Head Quarters 2nd Div. 5th Corps'
'Camp near Falworth Va May 8th 1863'
'Special Orders No. 63'
'A General Court Martial is hereby appointed to assemble in the Camp of this Division at 12 M. to day or as soon thereafter as practicable for the trial of such officers + enlisted men as may be brought before it.'
'Detail for the Court'
1
| Col. Kenner Garrard
| 146th N.Y. Vols.
|
2
| Lt. Col. David T. Jenkins
| 146th N.Y. Vols.
|
3
| Major Isaac F Force
| 146th N.Y. Vols.
|
4
| " William T. Corning
| 146th N.Y. Vols.
|
5
| Captain James Grindlay
| 146th N.Y. Vols.
|
6
| " Patrick H. Sullivan
| 140th N.Y. Vols.
|
7
| " Henry B. Hoyt
| 140th N.Y. Vols.
|
|
|
[page 3]
|
|
12
|
8
| Captain B. Frank Wright
| 146th N.Y. Vols.
|
| " Elwell S. Otis
| 140th N.Y. Vols.
|
| Judge Advocate.
|
'No other officers than those named can be assembled without manifest injury to the service.'
'The Court will meet without regard to hours.'
'By Command of'
'Maj. Genl. Sykes'
'(Signed) Geo. Ryan'
'Cap 7th Inft. A.A.A.G.'
'Head Quarters 2nd Division 5th Corps'
'Camp near Falmouth Va May 14th 1863'
'Special Order No. 75 Extract'
'The General Court Martial of which Col. K. Garrard 146th N.Y. Vols. was President is hereby appointed to re-assemble in the Camp of the 3rd Brigade at 10 A.M. on the 15th inst. or as soon thereafter as practicable'
- [page 4]
'15'
'13'
'for the trial of such officers + enlisted men as may be brought before it.'
'By command of'
'Major General Sykes'
'(Sgd.) Geo Ryan'
'Capt 7th Inft A.A.A.G.'
'May 23rd 1863'
'The Court met pursuant to the foregoing orders + adjournment.'
Present Col. Kenner Garrard
| 146th N.Y. Vols.
|
Major Isaac F Force
| 146th N.Y. Vols.
|
" William T. Corning
| 146th N.Y. Vols.
|
Captain Patrick H. Sullivan
| 140th N.Y. Vols.
|
" Henry B. Hoyt
| 140th N.Y. Vols.
|
" B. Frank Wright
| 146th N.Y. Vols.
|
" Elwell S. Otis
| 140th N.Y. Vols.
|
| Judge Advocate.
|
|
Absent - Lt. Col. David T. Jenkins
| 146th N.Y. Vols.
|
Captain James Grindlay
| 146th N.Y. Vols.
|
'The record of proceedings in the cases of Surgeon A. M. Clark + Private Geo Felsinger'
- [page 5]
'14'
'of Co. F. 140th N.Y. Vols. was read + approved'
'The Court then adjourned until Monday the 25th day of May 1863 at the hour of ten A.M.'
'Elwell S. Otis'
'Capt. 140th N.Y.V.'
'Judge Advocate'
- [page 6]
'1'
'15'
'Proceedings of a General Court Martial convened at the Camp of the 3rd Brigade 2nd Division 5th Corps pursuant to the following Special orders Viz.'
'Head Quarters 2nd Div. 5th Corps'
'Camp near Falworth Va May 8th 1863'
'Special Orders No. 63'
'A General Court Martial is hereby appointed to assemble in the Camp of this Division at 12 M. to day or as soon thereafter as practicable for the trial of such officers + enlisted men as may be brought before it.'
'Detail for the Court'
1
| Col. Kenner Garrard
| 146th N.Y. Vols.
|
2
| Lt. Col. David T. Jenkins
| 146th N.Y. Vols.
|
3
| Major Isaac F Force
| 146th N.Y. Vols.
|
4
| " William T. Corning
| 146th N.Y. Vols.
|
5
| Captain James Grindlay
| 146th N.Y. Vols.
|
6
| " Patrick H. Sullivan
| 140th N.Y. Vols.
|
|
|
[page 7]
|
|
16
|
7
| Captain Henry B. Hoyt
| 140th N.Y. Vols.
|
8
| " B. Frank Wright
| 146th N.Y. Vols.
|
| " Elwell S. Otis
| 140th N.Y. Vols.
|
| Judge Advocate.
|
'No other officers than those named can be assembled without manifest injury to the service.'
'The Court will meet without regard to hours.'
'By Command of'
'Maj. Genl. Sykes'
'(Sgd) Geo. Ryan'
'Capt 7th Inft. A.A.A.G.'
'Head Quarters 2nd Division 5th Corps'
Camp near Falmouth Va May 14th 1863'
'Special Order No. 75 Extract'
'The General Court Martial of which Col. K. Garrard 146th N.Y. Vols. was President is hereby appointed to re-assemble in the Camp of the 3rd Brigade at 10 A.M. on the 15th inst. or as soon thereafter as practicable for the trial of such'
- [page 8]
'2'
'17'
'officers + enlisted men as may be brought before it.'
'By command of'
'Major General Sykes'
'(Signed) Geo Ryan'
'Capt 7th Inft A.A.A.G.'
'May 25th 1863'
'The Court met pursuant to the above orders and adjournment.'
'Present.'
Col. Kenner Garrard
| 146th N.Y. Vols.
|
Major Isaac F Force
| 146th N.Y. Vols.
|
" William T. Corning
| 146th N.Y. Vols.
|
Captain James Grindlay
| 146th N.Y. Vols.
|
" Patrick H. Sullivan
| 140th N.Y. Vols.
|
" Henry B. Hoyt
| 140th N.Y. Vols.
|
" B. Frank Wright
| 146th N.Y. Vols.
|
" Elwell S. Otis 140th N.Y. Vols.
|
|
| Judge Advocate
|
'Lt. Col. David T. Jenkins was absent on account of sickness.'
'The accused, Lieut. Benjamin J. Tayman'
- [page 9]
'18'
'Adjutant 91st Penn. Vols. came into court + the orders convening the Court having been read he was asked if he had any objection to be tried by any of the members composing the court to which he replied in the negative.'
Charges and specifications
'The members of the Court were then duly sworn by the Judge Advocate + the Judge Advocate was duly sworn by the Presiding Officer of the Court in the presence of the accused who was arraigned on the following charges + specifications.'
'Charge 1st - Neglect of duty.'
'Specification 1st--In this that the said Benjamin J. Tayman Lieut. + Adjutant 91st Penn Vols 1st Brigade 3rd Division 5th Corps while his said Regiment was under marching orders and he acting in the capacity of Adjutant of said regiment after having made a detail upon orders from Brigade Head Quarters through the Qr. Masters Department of an officer to take charge of the knapsacks'
- [page 10]
'3'
'19'
'and rations of Pioneers of the Brigade + after the said officer being so detailed had taken possession of said knapsacks + rations + reported to and received instructions from Brigade Head Quarters what disposition to make of said property the said Benjamin J. Tayman Lieut. and Adjt. 91st Regt Penn. Vols. did relieve said officer from duty without proper authority and did neglect to report the fact to Brigade Head Quarters or notify the Q.M. Dept. of any change + did wholly neglect to report or attend to conveying said information to proper officers and by said neglect the knapsacks and subsistance did not follow the command as ordered, but some of them with subsistance belonging to Pioneers were lost'
'This at or near the Camp of the 1st Brigade 3rd Division 5th Corps on or about April 27th 1863.'
'Specification 2nd--In this that while the 91st Regt P.V. were engaged in action on the 3rd inst with the enemy, Col. E. M. Gregory was wounded'
- [page 11]
'20'
'and left the field all of which was under the eye + came to the knowledge of the said Benj J Tayman Adjutant of the said 91st Regt. of Penn Vols. 1st Brigade 3rd Division 5th Corps and while acting as adjutant as aforesaid did willfully withold and wholly neglect to communicate the fact to Lieut. Col. Joseph H. Sinex of said 91st Regt. and by said neglect of the said Benjamin J. Tayman Lt. + Adjt. 91st P.V. the Lieut. Col. was not aware of the absence of the commanding officer Col. E. M. Gregory to the very serious risk of the Regiment then before the enemy.'
'This at or near Chancellorsville Va. May 3rd 1863.'
'Charge 2nd.--Misbehavior before the enemy'
'Specification 1st--In this that the said Benjamin J. Tayman Lieut + Adjutant of the 91st Penn Vols. 1st Brigade 3rd Division 5th Corps did leave his regiment while in action on the 3rd day of May 1863 without authority from his commanding officer Lieut. Col. Joseph H. Sinex and did remain away until said regiment was forced by the'
- [page 12]
'4'
'21'
'enemy to retire.'
'This at or near Chancellorsville Va. May 3rd 1863'
'Specification 2nd--In this that the said Benjamin J. Tayman Lieut + Adjutant 91st Penn Vols 1st Brigade 3rd Division 5th Corps did desert his post while the regiment was in action + go to the rear out of the range of the enemy's fire and was found or seen by a staff officer sitting with a tree between him + the troops.'
'This on the battlefield at or near Chancellorsville Va May 3rd 1863.'
'To which Charges + Specifications the accused pleaded as follows:--
'To the 1st Specification 1st Charge -- Not Guilty'
'To the 2nd Specification 2nd [sic; presumably '1st'] Charge -- The accused admitted that Col. Gregory was wounded + left the field under his eye with his knowledge but pleaded not guilty to the remaining allegations of the specification.'
'To the 1st Charge -- Not guilty'
'To the 1st Specification 1st Charge -- Not Guilty'
- [page 13]
'To the 2nd Specification 2nd Charge -- Not guilty'
'To the 2nd Charge -- Not guilty'
testimony of William H Carpenter
'Sergt. William H. Carpenter Co. D. 91st Penn. Vols. was called as a witness for the prosecution who being duly sworn testified as follows:--'
'I am sergeant of Co D. 91st Regt. Penn. Vols.'
'The regimental Quartermaster came to me on the 27th of April last + said that the Adjutant had detailed me to take charge of the knapsacks + rations of the Pioneer Corps of our brigade.
I collected the knapsacks + rations as ordered by the Quartermaster + placed them in a wagon set apart for that purpose.
I then reported to the Quartermaster who told me to report to Capt Norris, Acting Quartermaster of the Brigade, + ask him what was to be done with the wagon, which I did.
Capt Norris said that he did not know what to do with the wagon but told me to see Gen. Tyler + ascertain what he wanted done with it.
I went to Gen Tyler'
- [page 14]
'5'
'23'
]
'and he said he wished the wagon to move in the rear of the Brigade.
I then went back to Camp + reported accordingly to the Quartermaster.
I had received a commission from Gov. Curtin + wished to be with my company in case it should be engaged + I applied to Col. Gregory to be relieved from the duty on which I had been detailed.
He asked me by whose order I had been detailed + I replied by the Adjutants [sic].
He told me to go to the Adjutant + have him detail some person to relieve me + to rejoin my company.
I reported to the Adjutant + told him that I was to be relieved by Col. Gregory's order.
He replied very well.
I then got my sword from the wagon + reported to the Quartermaster telling him that I had been relieved.
The Quartermaster said that he thought Acting Lieut Snyder was to relieve me.
I then went + asked Acting Lieut Snyder if he had been detailed to relieve me.
He said, No.
I then went to the Adjutant who was on '
- [page 15]
'the right of the Regiment which had just begun to move and asked him if he had relieved me.
He said, Yes, but did not state who was to relieve me.
I then joined my company.
On the next morning I was ordered to report to Gen. Tyler, which I did.
He asked me what had become of the wagon in which the knapsacks + rations of the Pioneers were put.
I told him that I did not know: that I had been relieved.
He asked by whose order and I replied that I had applied to Col. Gregory + had been relieved by him.
The Gen. then send for Col. Gregory + asked him if he had relieved me.
The Col. replied that he was not aware that I had been detailed by his - the Generals [sic] - orders + he told the Adjutant to detail another person in my place.
The Col. asked Gen. Tyler whether he wished me to return + find the wagon + bring it up.
He said, not at present.
The General then ordered me to rejoin my regiment.
In about fifteen minutes he sent for me + ordered me to go after the wagon: to use all dispatch + bring'
- [page 16]
'6'
'25'
'it forward to the brigade.
I returned, found the wagon at camp + overtook the Brigade at Hartwood [?] Church having the wagon with me.
The Brigade was at the time in the road and on the point of moving.
I reported to Gen. Tyler telling him that the wagon was in rear of the train.
He ordered me to follow the Brigade + at the first opportunity to bring the wagon forward + distribute the knapsacks.
He said that he did not consider me to blame in the matter.
I followed with the wagon but could not overtake the brigade until it encamped for the night at Kelly's Ford.'
'As soon as the wagon arrived I went through the different regiments of the Brigade + ordered the Pioneers to come + claim their knapsacks.
Some of them refused to come saying that they were too tired.
In putting the knapsacks into the wagon at camp, I had so short a time that I could not mark the men's names upon them.
The pioneers assembled about the wagon.
I took the knapsacks out, held them up and'
- [page 17]
'26'
'asked them to identify + claim them.
Those not claimed that night I placed a guard over + left them until morning.'
'When I had finished distributing the knapsacks in the evening, Lieut Tyler, Gen Tyler's aid [sic] asked me if I had distributed the knapsacks.
I replied that I had showing him at the same time those remaining unclaimed.
Lieut Tyler then ordered me to tell the driver to report to Gen Tyler which I did.
The next morning Col. O'Brien of the 34th Penn. Vols. came to me with Lieut Tyler + said that a few of his men did not get their knapsacks.
I told him that some of the knapsacks remained unclaimed + that probably they were the ones wished for.
I went to the wagon with Col. O'Brien + some of the knapsacks were claimed by his men.
Two or three knapsacks they did not claim but as nobody claimed them they took them in lieu of the ones lost.'
'When I went to the wagon in the morning I noticed that some of the knapsacks had been taken away during the night while the guard'
- [page 18]
'7'
'27'
'was stationed over them.
I asked the driver if any one had taken knapsacks during the night + he said no.'
'While going back to camp after the wagon I met Capt Morris' orderly who told me that the wagon was in camp + he was going out with a note from Capt. Morris to ascertain what disposition to make of it.
I told him that I had been sent for the wagon + requested him to ride back + have it sent forward.
I followed after him + met the wagon with a guard about a half mile from the camp.
I then took charge of the wagon.'
'Question by J.A.--What porportion [sic] of the knapsacks were [sic] lost?'
'Ans.
I think there were four or five missing, not more than that number.
I think they were lost on the evening that the larger portion was distributed to the Pioneer Corps at Kelly's Ford.
Those not then distributed were placed under the wagon + while there under charge of'
- [page 19]
'28'
'the guard were taken away I think.'
'Question by accused
Did the witness' statement to Gen. Tyler differ from the one made today?'
'Ans.
Not that I am aware of.'
'Question by accused
Did Gen. Tyler say who was to blame at the time he told the witness that he was not to blame?'
'Ans.
He did not.'
'By the accused
Were any of the knapsacks or rations lost in consequence of the absence of witness from the wagon on the day the regiment moved?'
'Ans.
I examined the wagon as soon as I returned for it + was convinced that the knapsacks had not been disturbed.'
testimony of David H Lentz
'Lieut David H. Lentz Q.M. 91st Penn. Vols. was called as a witness for the prosecution who being duly sworn testified as follows:--'
'I am Quartermaster of 91st Regt Penn. Vols.'
'By Judge Advocate
State what you know in reference to the detail of an officer to take'
- [page 20]
'8'
'29'
'charge of the knapsacks of the Pioneers of your Brigade, which was made on or about the 27th of April last, by whom + by whose order the detail was made.'
'Ans.
On the morning we marched which I think was on the 27th day of April, I went to Brigade Hd. Qrs. + while there an order came to Gen. Tayler to have one wagon detailed to carry the knapsacks of the pioneers of the Brigade.
The Gen. handed the order to Capt. Morris, telling him to detail a wagon from the 91st P.V.
Capt. Morris then told me to send one of my wagons around to get the knapsacks.
Gen Tyler ordered me to have a commissioned officer or a good non-commissioned officer detailed to attend the wagon to have the wagon loaded + report to him for instructions.'
'I went to the Adjutant of my regiment + told him to detail a commissioned officer or a good non-commissioned officer to attend the wagon.
After some hesitation he told me to take acting Lieut. Carpenter.
I went to'
- [page 21]
'30'
'Carpenter + told him that he was detailed by the Adjutant to collect all the knapsacks in the Brigade belonging to Pioneers, to put them in a wagon, which I gave him charge of, and when loaded to report to Gen Tyler for instructions.'
'There were no written orders received by me from Brigade Hd. Qrs. in reference to the matter.
Just before the regiment moved out, Lieut. Carpenter came to me + told me that he thought he would go with the regiment.
I replied, You had better get some one in your place.
He then went away + I did not see him afterwards.'
'Question by accused
Did the witness hear anything about acting Lieut Snyder's relieving Carpenter.'
'Ans
I did not.'
'The Court then adjourned until tomorrow morning at nine o'clock.'
- [page 22]
'9'
'31'
'Second Day May 26th 1863'
'The Court met pursuant to adjournment.
All the members were present who were present on the preceeding day.'
testimony of David B Baker
'1st Lieut David B Baker 91st P.V. a witness for the prosecution being duly sworn testified as follows:'
'I am 1st Lieut. 91st Penn. Vols.
Our regiment was engaged with the enemy at Chancellorsville Va. on Sunday May 3rd.
Col Gregory was wounded on that day.
I saw him immediately after he was wounded.
Adjt. Tayman was with him.
I went off the field of battle with the Col.
the Adjutant did not accompany us but remained behind.
I did not see him again during the day.
The Colonel was wounded between eight + nine o'clock in the morning, I think.
I did not hear the Colonel give any orders to the Adjt. at the time he left the field.
The regiment had been engaged some thirty or forty minutes before the Col received his wound.
The regiment'
- [page 23]
'32'
'was engaged when we left the field.
At the time the Col. was wounded he was in rear of the centre of the regiment.
He was wounded in the leg, was very reluctant about going off the field.
The Adjutant saw us leaving the field.
We started to the left + the Adjt. called to me telling us to go more to the right.
I did not afterwards see the Adjutant during the day.'
'Question by Accused
Did I not insist upon the Colonel to leave the field?'
'Ans
The accused did insist.'
'By the accused
How long after the Colonel was wounded did he leave the field with you?'
'Ans
From ten to fifteen minutes I should think.'
'Question by accused
Did the witness see me behind a tree or in any way hiding myself?'
'Ans
I did not'
- [page 24]
'10'
'33'
testimony of Joseph H Sinex
'Lieut Colonel Sinex a witness for the prosecution being sworn [sic] testified as follows:--'
'I am Lieut Col. of + am now in command of the 91st Penn Vols.
My regiment was engaged with the enemy at Chancellorsville Va on the 3rd of May last.
I think that the engagement commenced about nine o'clock in the morning.
The regiment was then under command of Col Gregory.
It was engaged from one hour + twenty minutes to an hour + one half.
I learned about ten minutes before the engagement had ceased that Col. Gregory had been wounded + left the field.
This I learned from the Major - During the engagement I was about five paces in rear of the regiment + on the right of the line.
The three right companies were not in perfect line when the order was given to lie down.'
'I was on the right of the line during the whole of the engagement until the Major came to me + informed me that Gen. Tyler wished the line to advance + that the Colonel'
- [page 25]
'34'
'was wounded.
I then took command of the regiment.'
'I did not see the Adjutant during the engagement.
I did not see him until the regiment retired to the rear of the batteries where it was before it went forward to engage the enemy.
After the Major informed me that the Col. was wounded I mounted my horse + rode to the left of the regiment + then returned to the right but did not see the Adjutant.'
'If the Adjutant had been in his proper place during the time I was riding from the right to the left of the regiment + returning I think I should have seen him.'
'Question by accused
Was the witness in his proper place during the action?'
'Ans.
I was probably a little too far to the right of the regiment + a little too far to the front.'
'By the Court
When the regiment was'
- [page 26]
'11'
'35'
'ordered to lie down did not the men + officers seek what shelter they could during the engagement until ordered to advance when the regiment was so pushed that it fell back?'
'Ans. They did.'
'By the Court Was the position of the officers stationary during the engagement?'
'Ans
It was. I saw no officers of the regiment until the Major approached.'
'Question by the Court
Was not the regiment so small that everything can be seen from one end to the other when in line?'
'Ans.
It was at that time.'
testimony by E G Sellers
'Capt E. G. Sellers a witness for the prosecution being sworn [sic] testified as follows:--'
'I am Captain 91st Penn. Vols. comdg Co. G.
I was present with my regiment during the engagement of May 3rd at Chancellorsville Va. + in command of'
- [page 27]
'36'
'my company.
My company is 2nd Company left of Color Company.
I saw the Adjt with Col. Gregory a short time after the engagement had commenced.
The Col. stood holding his horse + the Adjutant was by his side.'
'I did not know that the Col. was wounded until some time after it happened.
I did not see the Adjutant after the time above stated until we formed in rear of the battalion after the regiment had retired.'
'Most of the men + officers sheltered themselves as much as possible during the engagement, many of the men behind trees.
The regiment was engaged in firing the whole time we were in front.
The men would load + then rise to fire.'
testimony of John D Lentz
'Major Jno. D. Lentz was called by the prosecution who being duly sworn testified as follows:--'
'I am Major of the 91st Penn. Vols. + acted in that capacity on the 3rd day of May during the engagement at Chancellorsville Va.'
- [page 28]
'12'
'37'
'Our regiment went into the engagement about nine o'clock on the morning under the command of Col. Gregory.
I did not learn that Col. Gregory was wounded until the regiment had been engaged for about an hour.
I first learned it from one of Gen Tyler's aids [sic].
I was there on the left of the regiment in my proper place + had been there during the engagement.
The aid [sic] <a href="pdiehj1.html">Lieut. Diehl rode up to me + enquired where Col. Gregory was.'
'I told him that he was up towards the right of the regiment.
He went up the line + came back telling me that Col. Gregory was wounded.
He then told me that Gen. Tyler wished the regiment to advance in line of battle.
I asked him when Lt. Col. Sinex was + he told me that he did not know.
He then rode away + I saw no more of him.'
'I then mounted my horse + rode to the right of the regiment.
found Lt. Col. Sinex, told'
- [page 29]
'38'
'him that the Col. was wounded and that General Tyler wished wished [sic] us to advance the line.
This was about ten or fifteen minutes before the regiment retired.'
'I did not see the Adjutant during the engagement.
The woods were very dense.
I did not see him until the regiment had retired behind the batteries.'
'Question by accused.
Where did the witness find Lt. Col. Sinex when he rode to the right of the line to inform him that Col Gregory had been wounded?'
'Ans
The Lieut Col. was some fifteen or twenty paces in rear of the right of the regiment.'
'Question by accused
Was he in such a position that he could be easily found?'
'Ans
I did not have much trouble in finding him.'
'Question by accused
Did you not inquire of an officer on the right of the regiment to ascertain where he was?'
'Ans.
I think I did.'
'Question by accused.
Did not the officer say'
- [page 30]
'13'
'39'
'that he was fifteen or twenty yards to the rear behind a tree?'
'Ans. I dont [sic] recollect that he did.'
'Question by accused.
Did you not find him sitting or lying behind a tree + did you not tell him to get up + take command: that the Col. was wounded?'
'Ans.
I saw him sitting beside a tree + told him Col Gregory was wounded + that the General wished him to advance the line.'
'By accused.
Did you not tell him more than once before he got up?'
'Answer I think not.'
'Question by accused. Has not the witness told me since I have been placed under arrest that he was obliged to tell him twice before he did get up?'
'Ans. I have not.'
testimony by Theodore A. Snyder
'Acting Lieut. Theodore A Snyder being duly sworn testified as follows:--'
'I am acting Lieut. in 91st Regt. Penn. Vols.'
- [page 31]
'40'
'Sergt. Carpenter came to me just as the regiment was moving on 27th April last + told me that the Adjutant had detailed me to take charge of the wagon containing the knapsacks of the Pioneers: that I was to relieve him.
I did not relieve him but went forward with the company.'
'The testimony for the prosecution closed. And'
testimony of John S Donnell
'Lieut. <a href="pdonnj1.html">John S. Donnell was called on the part of the defence who being duly sworn testified as follows:--'
'I am 2nd Lieut in 91st Penn. Vols.
I was with the regiment + on duty during the engagement of May 3rd 1863 at Chancellorsville Va.'
'Question by accused.
Did the witness see me during the engagement?'
'Ans.
I did, about twenty minutes after the engagement began.'
'Question by accused.
In what direction was'
- [page 32]
'I going at the time the witness saw me.'
'Ans. Towards the right of the regiment.'
'Question by accused. How did the witness happen to see me?'
'Ans.
One of the men of my company was wounded.
I directed him to go to the rear + at the same time I went back three or four paces to order a man to come forward + take his place in line.
testimony of David T Mansfield
'Sergt. David T. Mansfield Co. F. 91st Penn. Vols. was then called as a witness for the defense + being duly sworn testified as follows:--
'I am Sergt. Co. F. 91st Penn. Vols.
I was with my company during the engagement on the morning of 3rd May 1863.
'Question by accused.
Did the witness see me during the engagement? If so, where + when.
'Ans.
I saw Lieut Tayman during the engagement.
My company is the second company from the right of the regiment.
I saw Lieut Tayman about a half hour before the regiment retired.
- [page 33]
'42
'He was then about fifteen feet in the rear of the left of the right company of the regiment.
He appeared to be looking for someone + was walking back + forth.
He was the only officer moving about in the vicinity.
I saw him then three or four minutes.
'Question by the accused.
Did the witness see me hiding or secreting myself behind a tree at any time?
'Answer. I did not.
'By the Court. Did you see Lieut. Col. Sinex during the engagement?
'Answer. I did not.
'Here the testimony closed.
consideration and verdict
'The accused submitted to the court a written statement in answer to the charges + specifications preferred against him which is hereto annexed + marked
'A
'The court was then cleared + after'
- [page 34]
'15'
'43'
'mature deliberation upon the evidence adduced finds the accused'
Of the 1st Specification 1st charge
| Not guilty
|
Of the 2nd Specification 1st charge
| Not guilty
|
Of the 1st Charge
| Not guilty
|
|
Of the 1st Specification 2nd Charge
| Not guilty
|
Of the 2nd Specification 2nd Charge
| Not guilty
|
Of the 2nd Charge
| Not guilty
|
'And does therefore honorably acquit the accused, the said Benjamin J Tayman Lieut + Adjt 91st Penn. Vols.'
'H. Garrard'
'Col 146 NY Vols'
'President of the G.C.M.'
'Elmer S. Otis'
'Capt 140th N.Y. Vols.'
'Judge Advocate.'
'Approved'
'Geo Sykes'
'Maj Genl'
'Comd Divn'
- [page 35]
Tayman's written statement
'(Exhibit A)'
'To Captain E. S. Otis, Judge Advocate'
'Captain'
'I beg leave to submit the following, in answer to the charges and specifications preferred against me by Brig. Genl. E. B. Tyler.'
'Charge, First: Neglect of Duty.'
'Specification First,'
'In answer to this specification, I have to say, first, that no" [sic] orders from Brig Head Quarters, to make a detail for the purpose stated in this specification, was [sic] recieved [sic] by me, and consequently the detail that was made for the purpose stated, was made by the request of the Regimental Quarter Master.'
'2nd The officer having in charge the property (viz. Knapsacks and Subsistance) as stated at length in this specification, was not relieved by me nor by any order or orders of mine, and that consequently it was not through my neglect, that the "said Knapsacks and Subsistance did not follow the command".
Hence the Specification "is not true".
As I repectfully submit has been shown by the evidence produced by the prosecution.'
'Specification 2nd, Neglecting to report to Lieut Col Sinex that Col E M Gregory was wounded +c'
'In answer to this Specification I have to say, that so much of the Specification as imputes to me a knowledge of the fact that the Col was wounded is certainly true.
It is also true, that I remained with him, the said Col. E. M. Gregory after he was wounded until his safety was secured, and it is also true, that I immediately returned to my Regiment.'
'So much of this Specification as alledges [sic] that I willfully withheld, and wholly neglected to communicate, the fact to Lieut Col Jos H. Sinex is not true.
On the contrary the evidence shows that I made earnest and honest endeavours to find him, the said Lieut Col Jos H. Sinex, that I might report the fact to him, and that for this purpose, I visisted that part of the line where he should have been, viz. the centre of the right wing, and dilligently [sic] sought him along the entire line as far as to the right of the 2nd Company in the line, from which point I could see the whole of the line between myself and the extreme right of the Regt.'
- [page 36]
'I was seen here by witnesses who have testified before your Court and this evidence I most respectfully submit fully establishes the fact that I used due and dilligent [sic] means to perform and discharge the duty, the neglect of which I am charged with in this specification.
In fact the evidence produced by the defence to disprove this Specification shows conclusively that the said Lieut Col Jos. H. Sinex was during the engagement concealed behind a tree some 15 or 20 paces in rear of the "Pioneers," who were on the extreme right of the Regt, and that no order was given by him during the progress of the Battle in the woods, nor was there anything said or done by him, to indicate his position or give any information where he could be found.
I claim to have proven that, had Lieut Col Jos. H. Sinex been where he should have been, at his post, I should have found him, and reported to him accordingly, and that the reason for my failing so to report is found in the fact that I could not find him.'
'Charge 2nd Misbehavior before the Enemy'
'Specification 1st "That I left my Regiment without authority of my commanding officer Lieut Col Jos. H. Sinex and did remain away until the regiment was forced by the enemy to retire +c"'
'The allegation in this specification, viz. that I was away from my Regiment without properly [sic] authority, I wholly and emphatically deny.
The statement that I remained away until the Regt was forced to retire, I have already proven to be untrue, by witnesses who have testified to having seen me at my post with the regiment, attending to my duties, while the Regt was engaged with the enemy.
While assisting my Col. who was wounded from the wood, I was for a short time away from the regiment, but soon [sic] as Lieut. D. B. Baker took charge of him, I immediately rejoined it, and did not again in any sense of the term leave or absent myself from it.
The relations between my Colonel and myself were peculiar.
I was his confidential Staff Officer, and I should indeed have been direlict [sic] in my duty, had I not remained by or near him, to assist him from his dangerous position, to where he might'
- [page 37]
'recieve [sic] that assistance, that might enable him to rejoin his command.
If indeed it be a crime to assist my Colonel when wounded, especially when holding the relation toward him that at this time I held, I do not desire anything more, than that the residue of my life, may be plentifully checkered with crimes of like character.
At the time of going to the rear with my wounded Col, Lieut Col. Sinex was not in command of the Regiment and his permission or "Authority" to leave, it was not, as I understand it, necessary for me to have.
As the Col although badly wounded, insisted on remaining at his post, and retaining his command, as I knew his inability to perform his duties in his wounded condition, I deemed it my duty to force him from the field which I did by seizing his horses [sic] head, and turning him to the rear, where after examining his wound, the Col promised to leave the field in company of Lieut Baker.'
'This Specification I claim wholly to have disproved.'
'Specification 2nd That I deserted my post and went to the rear, out of range of the fire of the Enemy +c and was found or seen by a Staff Officer sitting with a tree between myself and the troops.'
'This is the only Specification, in all the Specifications of the several charges preferred against me, for which I cared a "rush".
It is the only Specification that has at all implicated my character for courage and honor, which are dearer than life to any true Soldier.
It was at least due me, that being charged with this act of "Misbehaviour before the Enemy" my accuser should attempt to make good his charge, or at least, lay before the tribunal at which I must plead, the evidence upon which the charge was made or preferred.
Where is the "Staff Officer" who "found me sitting behind a tree". [sic]
Why was not he produced that he might tell at the proper time and place the story that should mantle my brow with shame" [sic] and cover me with disgrace?'
'"And where my Accuser"?'
- [page 38]
'Why is not he present that he may witness the fruition of the hope he has dared cherish, that I might be "buried in infamy" and realize the sequel of the threats he has at different times uttered to and concerning me. [sic]'
'Like all the other Specifications in these charges upon which your court have so patiently heard me "it has been left for me to seek out the witnesses for the prosecution" and to occupy the double position of accuser and accused.
It is however, the fact, that my accuser, previous to this trial left for some place farther north, and at the same time took with him, "That Staff Officer", who, he would fain have you believe, was blessed with such a remarkable keen vision.
In fact he left his case, and it must have been apparent to the court, that some motive, other than "the good of the Service", has actuated him in this prosecution.
I believe it is in my power to show, that such motive did exist, and that it governed the action of my accuser.
And I do not hesitate to declare that this entire prosecution had its origin in malice, which my accuser has for some time entertained toward me.'
'I most respectfully submit, that I have positively disproved all and several the charges and Specifications preferred against me, and believe the evidence fully justifies me in asking not alone a simple verdict of "Not Guilty" but an "honorable acquital" at the hands of this Court.'
'Respectfully Submitted,'
'B. J. Tayman'
'First Lieut + Adjt 91 Reg P.V.'
Collaboration
-
Login to edit this profile and add images.
- Private Messages:
Send a private message to the Profile Manager. (Best when privacy is an issue.)
- Public Comments:
Login to post.
(Best for messages specifically directed to those editing this profile. Limit 20 per day.)