Date: 11 Aug 1862 to 21 Aug 1862
Location: Washington, District of Columbia, United States

Contents 1 Court-Martial of Enoch Brewster, August 1862 1.1 Record 1.2 Shipley's testimony 1.3 Tayman's testimony 1.4 Whinna's testimony 1.5 John Lentz's testimony 1.6 Todd's testimony 1.7 Shipley's second testimony 1.8 Naville's testimony 1.9 Pentland's testimony 1.10 Knight's testimony] 1.11 Goodwin's testimony 1.12 Carie's testimony 1.13 Sellers' testimony 1.14 Gilbert's testimony 1.15 Written statement of defence 1.16 the verdict and sentence

Court-Martial of Enoch Brewster, August 1862

Record

[page 1]

'Proceedings of a General Court Martial convened at Alexandria Va pursuant to adjournment by virtue of the following order

'Special Orders No 157 Extract

'2 A General Court Martial is hereby appointed to meet at the corner of 19th St and Penna Avenue Washington DC on Monday August 11th at 11 o'clock or as soon thereafter as practicable for the trial of such persons as may be properly brought before it.

'Detail for the Court

'1 Lt Col Wallace 91st Pa Vols

'2 Major Bennett "Scotts 900" Cavy

'3 Captain Claypole 10th N.J.

'4 " Speering 27th Pa

'5 " Kenyon "Scotts 900" Cavy

'6 " Remington " " "

'7 Lieut E. E. Kendrick J [?] 10th N.J.

'8 " Nix "Scotts 900" Cavy

'9 " Lawrence 2nd D.C.

'10 " Kiesile " "

'  Lt Benedict "Scotts 900" Cavy

'    Judge Advocate

'By Command of

'Brig Gen Wadsworth

[page 2]

'Head Quarters Mil. Dist. of Washington

'Aug. 12th 1862

'To Lt Col. Wallace

'Pres of Genl Court Martial

'Sir,

'The Genl Court Martial of which you are President will transfer its place of meeting to Alexandria Va. for the trial of prisoners who may be brought before it from the 91st Regiment.

'By command of

'Brig. Genl. Wadsworth

'Alexandria Va. Aug 16th /62

'The Court met pursuant to the above order and adjournment.

'Present

'Lt Col Wallace 91st Pa Vols

'Major Bennett "Scotts 900" Cavy

'Captain Claypole 10th N.J.

'" Speering 27th Pa

'" Kenyon "Scotts 900" Cavy

'Lt Kendrick 10th N.J.

'" Lawrence 2nd D.C.

'" Nix "Scotts 900" Cavy

'" Kiesile " "

[page 3]

'Absent

'Captain Remington "Scotts 900" Cavy

'The Court then proceded to the trial of Lieut E. Carroll Brewster co. F 91st Regt Pa. Vols who being brought into Court and hearing the above order read in this hearing was asked if he objected to any member named in the detail to which he replied in the negative.

'The Court was then duly sworn by the Judge Advocate and the Judge Advocate by the President of the Court in presence of the prisoner who was then arraigned on the following Charges and Specifications Viz.

'Charge 1st Drunkenness on duty

'Specification

'The Second Lt. E. Carroll Brewster Co. F 91st Regt Pa Vols while on duty as Officer of the Guard at slave pen did become so drunk as to be unable to perform his duty properly.

'This at Alexandria Va on or about the 8th day of August 1862

[page 4]

'Charge 2nd Violation of Eighty-first Article of War

[see Articles of War]

'Specification

'That Second Lt E Carroll Brewster Co. F 91st Regt Pa Vols while on duty as Officer of Guard at slave pen did release without proper authority Private Levi Elder 69th Regt N.Y. Vols. placed under his charge by Captain John D. Lentz 91st Penna. Vols. Deputy Provost Marshal and Private Gallagher of Co. B 91st Penna Vols.

'This at Alexandria Va on or about the 8th day of August 1862.

'Before pleading to these Charges and Specifications the accused submitted a written statement asking for an adjournment in accordance with which the Court adjourned until Monday Aug 18th at 9 o'clock A.M.

[page 5]

'Alexandria Va Aug 18th 1862

'The Court met pursuant to the above order and adjournment.

'Present

'Lt Col Wallace 91st Pa Vols

['Major Bennett' is written and crossed out]

'Captain Claypole 10th N.J.

'" Speering 27th Pa

'Lt Kendrick 10th N.J.

'" Lawrence 2nd D.C.

'" Kiesele " "

'Absent

'Major Bennett "Scotts 900" Cavy

'Captain Kenyon " " "

'" Remington " " "

'Lieut Nix " " "

'The Court then continued the the [sic] trial of 2nd Lt E. Carroll Brewster who being brought into Court plead [sic] to the Charges + Specification as follows Viz.

'To the Charges - Not Guilty

'To the Specifications - Not Guilty

'The Court was now adjourned to meet at 11 o'clock precisely

[page 6]

'The Court met pursuant to the above order and adournment.

'Present

'Lt Col Wallace 91st Pa Vols

['Major Bennett' is written and crossed out]

'Captain Claypole 10th N.J.

'" Speering 27th Pa

'Lt Kendrick 10th N.J.

'" Lawrence 2nd D.C.

'" Kiesele " "

'Absent

'Major Bennett "Scotts 900" Cavy

'Captain Kenyon " " "

'" Remington " " "

'Lt Nix " " "

'The Court was then adjourned until 9 o'clock A.M. of the 19th August.

'Alexandria Va. Aug 19th /62

'The Court met pursuant to the above order and adjournment

'Present

'Lt Col Wallace 91st Pa Vols

'Major Bennett "Scotts 900" Cavy

'Captain Claypole 10th N.J.

'" Speering 27th Pa

'" Kenyon "Scotts 900" Cavy

[page 7]

'Lt Kendrick 10th N.J.

'" Lawrence 2nd D.C.

'" Kiesele " "

'[Absent]

'Captain Remington "Scotts 900" Cavy

'Lieut Nix " " "

'Counsel for prisoner Capt John A Brewster 63d Indiana Vols was here introduced.

Shipley's testimony

'Lt H. W. Shipley witness for prosecution was called and duly sworn.

'Ques by J.A. What is your name?

'Answer H. W. Shipley

'Ques by J.A. To what Regt do you belong?

'Answer 91st Penna.

'Ques by J.A. Do you know the prisoner?

'Answer I do

'Ques by J.A. To what Co + Regt does he belong?

[page 8]

'Answer Co F 91st Penna.

'Ques. by J.A. How long have you known him?

'Answer Nearly all the time he has been a Lieut in our Regt

'Ques. by J.A. Was he on duty the 8th Aug?

'Answer On or about the 8th he was.

'Ques. by J.A. What duty?

'Answer Officer of Guard at slave pen.

'Ques. by J.A. Did you see him that day?

'Answer I relieved him.

'Ques. by J.A. Why did you relieve him?

'Answer He was said to be drunk on duty.

'Ques. by J.A. Was he intoxicated when you saw him?

[page 9]

'Answer He seemed so to me.

'Ques. by J.A. When you saw him was he standing or lying down?

'Answer He was standing when I saw him.

'Ques. by J.A. Do you know of his lying down in the sun?

'Answer When I relieved him Adjt Tayman went to the North part of the building and called me.

He said he wished I had been there before to see the condition the prisoner was in.

'Ques. by J.A. Do you know of the prisoner releasing any prisoners?

'Answer No Sir except from hearsay.

'Ques. by J.A. Are you postive [sic] that the prisoner was intoxicated?

'Answer All I can say is that if I had seen a man in his condition if I had been on patrol I should have arrested him mighty sure. His actions were those of a drunken man and his breath smelt [sic] of liquor.

[page 10]

'Ques. by Court Did you smell his breath?

'Answer I did.

'Ques. by Court What is his general character? objected to

'Ques. by Court Have you ever seen him drunk? objected to

'Answer I have known of it but have never seen him so

'Ques. by Court Did you speak to him when you relieved him?

'Answer I did not

'Ques. by Court Did you see him walk?

'Answer I saw him try to walk he staggered along.

'Ques. by Court How far did you see him walk?

'Answer About 3 or 4 rods

'Ques. by Court Did he have his sword off?

[page 11]

'Answer He did--he had his belt on but his sword was lying in the Guard House

'Ques. by Court Who ordered you to relieve him?

'Answer Major Todd

'Ques. by Court About what time was this?

'Answer About 4 P.M.

'Ques. by Court How often did it come your turn to act as Officer of the Guard

'Answer About once in 3 days

'Ques. by Court Did you ever hear of his being sick?

'Answer No Sir

'Cross Examination

'Ques. by pris. Counsel What kind of a day was this?

'Answer A clear day I don't remember hot or cold.

[page 12]

'Ques. by PC Do you know whether it was a broiling hot day?

'Answer I don't remember but am sure it was not hot at the slave pen.

'Ques. by P.C. Did you see the Lt put on his blouse?

'Answer He had his blouse on - he put on his dress coat.

'Ques. by P.C. What o clock was this?

'Answer About 10 o'clock I don't remember the exact time.

'Ques. by P.C. Did you hear him talk?

'Answer The only thing I remember his saying was to ask the Adj't if I was to relieve him.

'Ques. by P.C. Was he so intoxicated as to be unfit for duty?

'Answer I think he was. If I had a private in my guard as drunk as he was I should put him in the Guard House.

[page 13]

'Ques. by P.C. When is Guard Mounting?

'Answer 8 o clock.

'Ques. by P.C. Did you see him after Guard Mounting before you relieved him?

'Answer I do not remember'

Tayman's testimony

'Lt B. J. Tayman Adjt 91st Regt Penna Vols was called and duly sworn as witness for the prosecution.

'Ques. by J.A. Do you belong to the 91st Regt Penna Vols?

'Answer I do

'Ques. by J.A. State whether you know the prisoner and if so how long you have known him.

'Answer I do I think since Jan. last when he joined our Reg't.

'Ques. by J.A. Have you seen him almost daily?

'Answer I have before he was

[page 14]

'promoted he was clerk in the Col's office.

'Ques. by J.A. Did you see him Aug 8?

'Answer I did.

'By J.A. State what you know of his being drunk Aug 8th

'Answer In the afternoon of Aug 8th I was directed by Major Todd to detail an officer to relieve Lt Brewster.

'Ques. by J.A. Who did you detail?

'Answer Lt Shipley who was in the office at the time.

'Ques. by J.A. Did you go to the slave pen?

'Answer I was told by Major Todd why it was done - that Lt Brewster lay there drunk and I went with Lt Shipley.

'Ques. by J.A. Where did you find the prisoner and in what condition?

[page 15]

'Answer I found him lying in an open lot about 100 feet from the Guard House near the roadside. He was lying on his back asleep his cap over his face his tongue out. There was a Corporal with one [sic] and I was taking his name Lt Brewster wakened up. I asked why he was lying there. He answered that he was on his post. I told him to get up and go to his quarters and he would be relieved by Lt Shipley.

'Ques. by J.A. Did you smell his breath?

'Answer No sir I did not get near enough.

I sent a Corporal for Lieut Shipley that he might see the condition of the prisoner

'Ques. by J.A. Did he complain of being sick?

'Answer He did not to me.

'Ques. by J.A. Do you know of his having spiritous liquour that day?

'Answer I do not.

'Ques. by J.A. Did he have his sword on?

[page 16]

'Answer He did not.

'Ques. by J.A. Was he so much intoxicated as to be unfit for duty?

'Answer I think he was.

'Ques. by J.A. Was the position of Officer of the Guard at that place a responsible one?

'Answer It was the most so of any post in the city.

'Ques. by J.A. Do you know anything of Levi Elder 69th Regt N.Y. Vols being confined under his charge?

'Answer I do not.

'Ques. by J.A. Did you see the Lt walk?

'Answer I did.

'Ques. by J.A. How did he walk?

'Answer He staggered.

'Ques. by J.A. How far did you go with him?

[page 17]

'Answer From the Guard House to St Asaph street.

'Ques. by J.A. Was he rational?

'Answer He was stupid.

'Ques. by J.A. Was he near any shade?

'Answer No sir he was in the sun.

'Ques. by J.A. Who ordered you to relieve him?

'Answer Major Todd.

'Ques. by J.A. Did you ever know of his being sick?

'Answer Not since he has been an officer except sometimes of lumbago.

'Ques. by J.A. How did he act when so troubled - like a drunken man?

'Answer No sir rational.

'Ques. by J.A. Did you ever know of his taking medicine for the disease?

[page 18]

'Answer No Sir.

'Ques. by J.A. Did you ever see him act before or since as he did on Aug. 8th?

'Answer I have.

'Ques. by J.A. Often?

'Answer Once sure [?]

'Ques. by J.A. Since he held a Commission?

'Answer No sir while he was a clerk.

'Ques. by J.A. Did he act about the same?

'Answer Not quite as bad.

'Ques. by J.A. Was the Officer of the Guard ordered to remain in any place?

'Answer His Head Quarters are in a room in the Guard House.

'Ques. by J.A. Did you state at what hour this occurred?

[page 19]

'Answer About 4 o clock but it might have been later.

'Ques. by J.A. How often did the Lieut. act as Officer of the Guard?

'Answer About once in 3 days.

'Ques. by J.A. Was this his regular turn of duty?

'Answer [crossed out: 'He'] It was.

'Ques. by J.A. Was Lt Shipley in the office at the time Major Todd gave you this order?

'Answer He was.

'Ques. by J.A. Was this a hot day?

'Answer It was.

'Cross examination by Pris Counsel

'Ques. by P.C. How was Lt Brewster dressed?

'Answer He was in his blouse.

'Ques. by P.C. Has he been frequently detailed at the slave pen?'

[page 20]

'Answer He has nearly every time.

'Ques. by P.C. Except to relieve another officer has he been detailed to any other place?

'Answer I think not.

'Ques. by Court Did Lt Shipley sleep at your quarters?

'Answer He did not

'signed B J Tayman'

Whinna's testimony

Corporal Winna Co H 91st Pa. Vols. was called and duly sworn as a witness for the prosecution.

'Ques. by J.A. Are you a Corporal in 91st Reg't Penna. Vols.?

'Answer I am

'Ques. by J.A. Do you know the prisoner?

'Answer I do.

'Ques. by J.A. Does he belong to same Reg't?'

[page 21]

'Answer He does

'Ques. by J.A. How long have you known him?

'Answer Since he became a Lieut. about 4 or 5 months.

'Ques. by J.A. Did you see him the 8th of August?

'Answer I did. I was on guard with him.

'Ques. by J.A. Were you on duty at the slave pen that day?

'Answer I was as Corp. of Guard.

'Ques. by J.A. Was you Corp. of Guard of same division?

'Answer I was.

'Ques. by J.A. Did you hear the prisoner complain of being sick that day?

'Answer I did not.

'Ques. by J.A. Where was the place for the Officer of the Guard at slave pen?'

[page 22]

'Answer There was a room there for him.

'Ques. by J.A. Did you ever see a man under the influence of intoxicating liquor?

'Answer I have.

'Ques. by J.A. Do you think you can tell when one is drunk?

'Answer I think I can.

'Ques. by J.A. Did Lt Brewster complete his turn of duty?

'Answer He was relieved.

'Ques. by J.A. Up to the time he was relieved was he attending to his duties properly?

'Answer Not all the time

'Ques. by J.A. Who was Sergt. of the Guard that Day?

'[crossed out: 'Ques by J A']

'Answer Sergt Fraley.

'Ques. by J.A. Where is the slave pen situated?'

[page 23]

'Answer In Alexandria was the slave pen.

'Ques. by J.A. Are there stores + Groceries any where near?

'Answer Not that I know of. I have never seen any near.

'Ques. by J.A. State in the shortest possible way what you know of his being intoxicated that day.

'Answer He left the Guard House in the morning and when he returned he was apparently under the influence of liquor.

He took the book that had the names of prisoners and discharged two who had been given to his charge that morning and gave the book to the Sergt and told him to discharge all he wanted to. After that he laid down on the bed for a while until a man came to see him on some business. He went out and attended to that and after a while Adjt came to find where the prisoner was. He asked me where the prisoner was. I told him I did not know and started to find him. The Adjt came behind me. We found him lying on the hill by the slave pen in the sun.

The Adjt then took charge of him.

[page 24]

'Ques. by J.A. Did you see him get up?

'Answer No Sir the Adjt sent me for Lieut Shipley and when I returned he was up.

'Ques. by J.A. Did you see him walk.

'Answer I did not notice.

'Ques. by J.A. What made you think he was drunk?

'Answer He acted very foolishly cutting up with the men talking with them about drinking.

'Ques. by J.A. Can you remember anything he said?

'Answer I can not we were all laughing at him and I did not notice

'Ques. by J.A. What did he say about drink?

'Answer He was talking of sending some of the men for liquor.

'Ques. by J.A. For himself?

[page 25]

'Answer I do not know.

'Ques. by J.A. Was he so intoxicated that he could not attend to duty?

'Answer I should think he was. He was unable to attend to the business with reffrence [sic] to a horse of a man who had been a prisoner formerly.

'Ques. by J.A. Do you recollect the name of the prisoner discharged?

'Answer One I think was Elder the other I think was Gallagher.

'Ques. by J.A. Do you know whether he had received an order for their discharge?

'Answer I do not know. He had an order to confine them for Captain Lentz, but a short time before this.

'Ques. by Court What were your instructions with reference to releasing prisoners?

'Answer They could not be discharged except by an order from

[page 26]

'the Col. Provost Marshal or Officer of the Day.

'Ques. by Court Did you see him release those prisoners?

'Answer I did.

'Ques. by J.A. What did the Sergt do?

'Answer He laid down the book he said afterwards he would [not] have anything to do with it.

'Ques. by J.A. Is there any Roll Call of prisoners at Slave pen?

'Answer There is but not regular.

'Ques. by J.A. Was there any that day?

'Answer I do not know.

'Ques. by J.A. Do you know of the prisoner drinking that day?

'Answer I do not.

'Cross Examination by Prisoners Counsel

[page 27]

'Ques. by P.C. Is that room mentioned as the Officer of Guards room in the Public Guard House?

'Answer It is but I understand that the large room was for Officers use.

'Ques. by P.C. Is not that yard a part of the slave pen?

'Answer It is not there is no fence around it.

'Ques. by P.C. Are you not allowed to go there?

'Answer We are not our instructions are to stay in the Guard House not to lay around the field.

'Ques. by P.C. Did Lt Brewster visit his posts any time that day?

'Answer He said in the morning that his instructions were to but whether he did or not I cannot say.

'Ques. by P.C. Did he visit them a second time?

[page 28]

'Answer I cannot tell [?].

'Ques. by P.C. How many posts were there?

'Answer 7 posts it took about 15 minutes to post any relief.

'Ques. by P.C. How many Sergts of Guard that day?

'Answer Two

'Ques. by P.C. Was one always present at Guard House?

'Answer Yes sir.

'Ques. by P.C. Who was the other beside Fraley?

'Answer Steinbetz. [sic; presumably Andrew Steinmetz]

'Ques. by P.C. What time did Lt leave the Guard House?

'Answer I do not remember the exact time.

'Ques. by P.C. Had the Officer of the Day arrived there previously?'

[page 29]

'Answer I think he had but cannot say positively.

'Ques. by P.C. Did Lt Brewster tell any of the men to go and get him some liquor?

'Answer He did.

'Ques. by P.C. Who did he tell?

'Answer I heard him tell some of them but cannot tell who they were.

'Ques. by P.C. What time did he return to Guard House?

'Answer I did not notice was time it was.

'Ques. by P.C. Did you see him soon after he returned?

'Answer I did.

'Ques. by P.C. Were there any other than men of Co.H on guard that day

'Answer There were not

'Signed Stephen Whinna'

[page 30]

John Lentz's testimony

'Captain Lentz witness for prosecution was called and duly sworn.

'Ques. by J.A. Are you an officer of the 91st Regt.

'Answer I am.

'Ques. by J.A. Captain?

'Answer I am.

'Ques. by J.A. What Co?

'Answer Co. E.

'Ques. by J.A. Do you know the prisoner?

'Answer I do.

'Ques. by J.A. How long have you known him?

'Answer 6 or 7 months.

'Ques. by J.A. Is he a Lieut in your Regt?

'Answer He is.

'Ques. by J.A. Do you remember his being Officer of Guard Aug 8th?' ['J.A.' is written over something]

[page 31]

'Answer I do.

'Ques. by J.A. Any particular thing that caused you to remember it?

'Answer The only this is [?] I sent a prisoner to him and I understood he had escaped that Lieut Brewster had released him. His name was Levi Elder 62nd Pa. Vols.

'Ques. by J.A. Any other?

'Answer No sir

'Ques. by J.A. Do you know that he was confined?

'Answer I do not but I sent him there

'Ques. by J.A. Did you give an order to release him?

'Answer I did not.

'Ques. by J.A. Are you authority to release him?

'Answer I am.'

[page 32]

'Ques. by J.A. Only one?

'Answer Sometimes the Col. sent an order to release them direct to the slave pen.

'Ques. by J.A. Did the Col. notify you when he released a prisoner?

'Answer Generally but not always.

'Ques. by J.A. Where was the Col?

'Answer In Philada Pa.

'Ques. by J.A. Do you know that prisoner was released?

'Answer I do.

'Ques. by Court Was prisoner sent in the morning?

'Answer After 9 o clock.

'Ques. by Court Did you learn that he was released before morning?

'Answer I did not'

[page 33]

'Ques. by Court You only heard that he was released?

'Answer On the following morning he was not there but how he got out I do not know

'Ques. by Court Did you see Lt Brewster that day Aug. 8th?

'Answer I did.

'Ques. by Court Was there anything remarkable in his appearance?

'Answer There was not.

'Cross Examination by Pris. Counsel

'Ques. by P.C. If the prisoner had been intoxicated that morning should you have known it?

'Answer I think I should.

'Ques. by P.C. Did not Lieut Brewster call the roll of prisoners that morning?

'Answer I don't know it is customary to do so.'

[page 34]

'Ques. by P.C. Was Elder's name on the Guard Book the next morning as having been confined?

'Answer I did not notice. I sent him there but whether he was confined or not I cannot tell.

'Signed Capt. J. D. Lentz'

Todd's testimony

'Major Todd 91st Pa.Vols. witness for the prosecution was called and duly sworn.

'Ques. by J.A. Are you the Major of the 91st Penna. Vols?

'Answer Yes sir and was on the 8th of August.

'Ques. by J.A. Did you know the prisoner Lieut. Brewster then?

'Answer I did.

'Ques. by J.A. State whether or not he was duty [sic] as Officer of Guard that day

'Answer He was

[page 35]

'Ques. by J.A. What time was the tour of duty of Officer of Guard commenced and what time end?

'Answer It commenced at 8 A.M. and ended 24 hours after

'Ques. by J.A. Did the prisoner finish his tour of duty that day?

'Answer He did not.

'Ques. by J.A. About what time was he relieved and why?

'Answer About 4 oclock of that day--cause Drunkenness.

'Ques. by J.A. Did you see him on that occasion?

'Answer I saw him after he was relieved not before.

'Ques. by J.A. Was he so much intoxicated as to be unfit for duty?

'Answer After he was relieved I went to his quarters to place him under arrest.

I found him sitting on a lounge both [illegible word] off and looking stupefied whether by liquor or drugs I cannot say.

Most likely by intoxicating liquors.'

[page 36]

'Ques. by J.A. Could a man of his condition of stupidity perform his duties as Officer of the Guard?

'Answer Not as it should be.

'Ques. by J.A. Had you ever seen him intoxicated before?

'Answer I have several times seen him under the influence of liquor but once only what I should call drunk.

'Ques. by J.A. Was his appearance then as it was Aug 8th?

'Answer It was.

'Ques. by J.A. Do you know whether two prisoners named Levi Elder and Gallagher were confined on August 8th?

'Answer I do not.

'Ques. by J.A. Do you know of any one being discharged except by proper authority on that day?

'Answer I do not.

[page 37]

'Ques. by J.A. Who has authority to release prisoners?

'Answer Those who are confined by the Col or the Deputy Provost Marshal can only be released by them.

In other cases, the Officer of the Day may release them.

'Ques. by J.A. Did you order Lt Brewster to be relieved?

'Answer I did.

'Ques. by J.A. Did you ever see him take or know of his taking any opium or laudanum?

'Answer Never.

'Ques. by J.A. Have you ever seen him the prisoner so before?'

[the question seems out of place, but the text is clear]

'Answer I have.

'Guard Book kept at slave pen was here introduced and shown to witness.

'Ques. by J.A. Is this the Guard Book kept at slave pen?

'Answer It is.'

[page 38]

'Ques. by J.A. Is the name of Levi Elder 69th N.Y. on that book confined on Aug. 8th?

'Answer The name of Elder is here but I cannot distinguish the Regiment.

'Ques. by J.A. By whom was he released?

'Answer Lt Brewster.

'Ques. by J.A. Is the name of Gallagher there?

'Answer The name of Gallagher Co. B 91st Regt. Pa. Vols. appears here confined Aug 8th.

'Ques. by J.A. By whom does it appear that he was discharged?

'Answer Lt Brewster

'Ques. by J.A. In whose handwriting is the name?

'Answer I think Lt Shipleys [sic] but am not certain.

'Signed Geo W Todd Major 91st P.V.

[page 39]

'The court was here adjourned until 12 1/2 oclock P.M.'

Shipley's second testimony

'The court met pursuant to the above adjournment.

'Present

'Lt Col Wallace 91st P.V.

'Major Bennett "Scotts 900" Cavy

'Captain Claypole 10th N.J.

'" Speering 27th Pa

'" Kenyon "Scotts 900"

'Lieut Kendrick 10th N.J.

'" Lawrence 2nd D.C.

'" Kiesele " "

'Absent

'Captain Remington "Scotts 900" Cavy

'Lieut Nix " " "

'Lieut Shipley recalled

'Guard Book was shown to witness

'Ques by J.A. Is that the Guard Book kept at slave pen?

'Answer It is.

'Ques by J.A. See if you find in the list of prisoners the names of Elder and Gallagher.

[page 40]

'Answer I do.

'Ques by J.A. What day were they confined?

'Answer The 8th of Aug

'Ques by J.A. Under the heading "Released" whose name do you find?

'Answer Lt Brewsters

'Ques by J.A. Is that in your handwriting?

'Answer It is.

'Ques by J.A. When did you make that entry?

'Answer In the afternoon of same day.

'Ques by J.A. Did you ascertain that these 2 men were released at the time you relieved the Lt?

'Answer I did.

'Ques by J.A. How did you know those men were absent?

[page 41]

'Answer I inquired of the Sergt of the Guard.

'Ques by J.A. Was the book handed to you when you relieved him?

'Answer It was.

'Ques by J.A. Did you ascertain whether any order had been given for their release?

'Answer The Orders were in a drawer and I looked them through but did not find the order for the release of those men.

'Cross Examination by Pris. Counsel

'Ques by P.C. Did you have a Roll Call of Prisoners after you relieved him?

'Answer The Sergt did at least I sent him to.

'Ques by P.C. Do you know in whose handwriting the names of Elder + Gallagher are written?

'Answer I do not.

[page 42]

'Ques by P.C. Do you know that this is Lieut Brewsters handwriting?

'Answer I do not.

'Ques by P.C. Why did you make that entry that they were discharged by Lieut Brewster?

'Answer So as to throw the responsibility of my shoulders [sic].

The Sergt informed me that Lt Brewster discharged them.

'Signed Howard W Shipley Lieut Co G 91st P.Vols.

'Prosecution here rested its case '

Naville's testimony

'Corporal John Naville witness for the defence was called and duly sworn.

'Ques by P.C. What is your name?

'Answer John Naville. [probably John Neville (co.D)]

'Ques by P.C. Do you know Lt Brewster?

'Answer I do

'Ques by P.C. Were you on duty Aug 8th?'

[page 43]

'Answer I was.

'Ques by P.C. Where were you on duty?

'Answer 1st Division King st.

'Ques by P.C. Corporal of Guard?

'Answer I was.

'Ques by P.C. Did you visit the slave pen that day?

'Answer I did.

'Ques by P.C. At what hour?

'Answer About dinner time.

'Ques by P.C. What for?

'Answer I took a prisoner there.

'Ques by P.C. Did you see Lt Brewster

'Answer I did.

'Ques by P.C. Did he attend to his business

'Answer He did

[page 44]

'Ques by P.C. Was he in uniform?

'Answer To the best of my knowledge he was.

'Ques by P.C. Was he intoxicated?

'Answer I shouldn't take him to be when I saw him.

'Ques by P.C. If he had been intoxicated should you not have known it?

'Answer If he had been very much so I should I think but I paid no attention to anything of that kind I did not think of it

'Ques by P.C. How long have you known Lt Brewster?

'Answer Since he has known himself I think since 1832

'Ques by P.C. Do you know anything of his being sickly for several months?

'Answer Nothing particular.

[page 45]

'I have never considered him a healthy man judging by his looks.

'Ques by P.C. Do you know anything of his suffering from a painful disease?

'Answer Nothing from my personal knowledge.

'Ques by P.C. Knowing him as long as you have would you not have noticed it if he had been intoxicated?

'Answer I dont [sic] know but what I should. He attended to all the business properly and I left in a hurry.

'Ques by P.C. Whereabouts was the Lieut when you went there?

'Answer In the front room.

'Cross Examined by J.A.

'Ques by J.A. What business had you there?

'Answer I took a prisoner.

'Ques by J.A. What did Lt Brewster's business consist of?

[page 46]

'Answer I gave the prisoner to his charge and he took him in his care and I went to my business.

'Ques by J.A. Can you swear he had his sabre on?

'Answer No sir I paid no particular attention to it.

'Ques by J.A. What time is Dinner? [the 'J' in 'J.A.' is written over another letter]

'Answer About noon sometimes earlier sometimes later.

'Ques by J.A. Did you see him after that during the day?

'Answer I did not.

'Ques by Court What was the prisoner's name whom you took there?

'Answer I do not know.

'Ques by Court Do you know the men Elder + Gallagher?

'Answer I do not.

[page 47]

'Ques by Court Did you see the prisoner drink anything?

'Answer I did not.

'Signed John Neville [?]'

Pentland's testimony

'Corporal Wm D Pentland Co. D 91st Pa. Vols witness for the defence was called and duly sworn.

'Ques by P.C. Your full name?

'Answer Wm D. Pentland

'Ques by P.C. What Co + Regt?

'Answer Co. D 91st Pa.

'Ques by P.C. Were you on duty the 8th of August last?

'Answer I was.

'Ques by P.C. Where and in what capacity?

'Answer 1st Division King st. Corporal of Guard.

'Ques by P.C. Did you visit the slave pen that day?

'Answer I did.

[page 48]

'Ques by P.C. What for?

'Answer To take a secesh prisioner - refusing to take the oath of allegance.

'Ques by P.C. Did you see Lt Brewster there?

'Answer I did.

'Ques by P.C. Did he attend to business?

'Answer He did. he was seated behind a desk with a pen in his hand and copied the list which I took to him.

'Ques by P.C. What hour was this?

'Answer between 12 + 1 oclock.

'Ques by P.C. Was dinner over?

'Answer No sir they were eating dinner when I went up there.

'Ques by P.C. Was Lieut Brewster drunk or sober?

'Answer To the best of my knowledge sober.

[page 49]

'Ques by P.C. How long have you known him?

'Answer Since our Regiment first came to Washington.

'Ques by P.C. When you were together do you know of his taking medicine for a pain he suffered?

'Answer I do for a pain in his back.

'Cross Examination by J.A.

'Ques by J.A. Was it not shortly after 12 o'clock that day?

'Answer It was.

'Ques by J.A. Did you see the prisoner again that day?

'Answer I did not.

'Ques by J.A. Might he not have been in liquor and you not have noticed it?

'Answer I am quite familiar with his countenance and it would be a hard matter for such a thing to escape my observation.

[page 50]

Ques by J.A. Was his handwriting good?

'Answer A lawyers hand

'Signed Corp Wm D. Pentland'

Knight's testimony]

'Dr Isaac D Knight witness for the defence was called and duly sworn.

'Ques by P.C. Are you surgeon to the 91st Pa. Vols.

'Answer I am.

'Ques by P.C. Do you know Lieut Brewster?

'Answer I do.

'Ques by P.C. How long have you known him?

'Answer About 6 or 8 months.

'Ques by P.C. Do you know what the state of his health is?

'Answer I had supposed it to be generally pretty good but he has applied to me for treatment for neuralgia + neuralgic Rheumatism.

[page 51]

'Ques by P.C. Do you know of any peculiarity of gait arising from this difficulty?

'Answer I cannot say that I do.

'Ques by P.C. How long since he applied to you for advice?

'Answer About 3 weeks.

'Ques by P.C. Has this been a frequent thing with him?

'Answer I cannot say frequent. I have been prescribing for him from time to time in all perhaps 6 times.

'Ques by P.C. Do you remember what kind of a day the 8th of Aug. was?

'Answer I cannot tell.

'Ques by P.C. What [crossed-out word: difference] influence would guard duty have on a difficulty like Lt Brewster's case in a very hot day?

'Answer I should expect nothing unusual in his case.

[page 52]

'Ques by P.C. Did not the prisoner obtain Dovers Powder for his difficulty from you?

'Answer He did but I was busy moving about and did not take long to prescribe for him.

'Ques by P.C. How often were they to be taken?

'Answer Once in three hours.

'Ques by P.C. Are not Dover's Powders composed of opium + ipecacuahana?

'Answer They are.

'Ques by P.C. Do not those powders produce symptoms similar to those produced by intoxicating liquors?

'Answer I was not aware of it.

'Ques by P.C. Would they in ordinary doses cause a man to stagger?

'Answer They would not.

'Signed I. D. Knight Surg. 91st Pa Vols.'

[page 53]

'The Court here adjourned to meet tomorrow (20th) at 9 oclock A.M.'

Goodwin's testimony

'Alexandria Va Aug 20th

'The Court met pursuant to the above order + adjournment.

'Present

'Lt Col Wallace 91st P.V.

'Major Bennett "Scotts 900"

'Captain Claypole 10th N.J.

'" Speering 27th Pa

'" Kenyon "Scotts 900"

'Lieut Kendrick 10th N.J.

'" Lawrence 2nd D.C.

'" Kiesele " " "

'Absent

'Captain Remington "Scotts 900"

'Lieut Nix " " "

'Corporal John Goodwin Co. H 91st Regt Pa. Vols. witness for the defence was called and duly sworn.

'Ques. by P.C. Your Co + Regt?

'Answer Co. H 91st Regt Captain Henry.

'Ques. by P.C. Were you on duty the 8th of August if so where?

[page 54]

'Answer I was at slave pen.

'Ques. by P.C. Were you there until the time your relief came off?

'Answer I was there until one o'clock.

'Ques. by P.C. Who was Officer of the Guard?

'Answer Lieut. Brewster.

'Ques. by P.C. Was he drunk or sober up to the time you went off?

'Answer I cannot say he was drunk. I had not seen him drink anything. He was a little talkative.

'Ques. by P.C. Did he attend to duty that day?

'Answer He attended to duty up to the time I went off. I went to dinner at one o'clock and when I returned Lieut Shipley was in command.

'Ques. by P.C. What time did you return?

[page 55]

'Answer I think between 4 + 5 o'clock.

'Ques. by P.C. How long have you known Lieut Brewster?

'Answer Not more than 4 or 5 months.

'Ques. by P.C. Was he formerly in your Regiment?

'Answer I used to see him among the privates. He might have been clerk for the Col. but I am not positive.

'Ques. by P.C. Has he been habitually sociable with the men?

'Answer As far as I have seen he has been pretty sociable.

'Cross Examination by J.A.

'Ques. by J.A. Do you know of any prisoners being released?

'Answer Not from personal knowledge.

'Ques. by J.A. Would you have been likely to have known it if it had been so?

[page 56]

'Answer I think I should.

'Signed John Goodwin'

Carie's testimony

'Captain John P. Carie 91st Pa. Vols. witness for the defence was called and duly sworn.

'Ques. by P.C. Do you know Lieut. Brewster?

'Answer I do.

'Ques. by P.C. Has he been on guard with you as Officer of the Day?

'Answer He has.

'Ques. by P.C. How often have you been Of. of Day with Lt Brewster under you?

'Answer I dont [sic] remember several times.

'Ques. by P.C. Where was he on duty then?

'Answer At slave pen.

'Ques. by P.C. During the times that Lt Brewster was Officer of Guard under you as

[page 57]

'Officer of the Day was he attentive to his duty?

'Answer He was as far as I could see.

'Ques. by P.C. At what hours have you visited the Guard during those tours of duty?

'Answer In the morning and afternoon and sometimes at 8 or 9 o'clock in the evening.

'Cross Examination by J.A.

'Ques. by J.A. Was you Officer of Day August 8th?

'Answer I was not.

'Ques. by P.C. Do you know anything of his conduct that day?

'Answer I do not I don't think I saw him that day.

'Signed John P. Carie Capt.'

Sellers' testimony

'Captain E. G. Sellers Co. G 91st P.V. witness for defence was called and duly sworn.

[page 58]

'Ques. by P.C. Have you been Officer of Day with Lt Brewster under you as Officer of Guard?

'Answer I do not recollect of being.

'Ques. by P.C. What is the letter of your Co?

'Answer G

'Signed E. G. Sellers Capt Co. G 91st Pa. Vols.'

Gilbert's testimony

Captain F. B. Gilbert Co. A 91st P.V. witness for defence was called and duly sworn.

'Ques. by P.C. Have you been on duty as Officer of the Day with Lieut Brewster under you as Officer of the Guard?

'Answer I have Sir.

'Ques. by P.C. Frequently?

'Answer Not more than 2 or 3 times to my knowledge.

[page 59]

'Ques. by P.C. Where was he on duty?

'Answer Twice at the slave pen and once at either the 1st or 2nd Division.

'Ques. by P.C. How often during the day did you visit the Guards?

'Answer Generally twice at the slave pen - in the morning at 10 o'clock and in the evening after the countersign was given out.

'Ques. by P.C. On these occasions was Lt Brewster attendant to duty?

'Answer Not at all times.

'Ques. by P.C. In what respect did he fail?

'Answer I remember once I had occasion to reprimand the Officer of the Guard for leaving the Guard House and not informing the Sergeant of the Guard where they were going.

Once I waited an hour for him.

'Ques. by P.C. Did you know where he had been?

'Answer No nor did any one else

[page 60]

'Ques. by P.C. What excuse did he render when reprimanded?

'Answer I did not find him. This happened once before and I waited for him. His instructions were to visit the Guard 2 or 3 times a day. He said when asked where he had been that he had been visiting the Guard.

'Ques. by P.C. What time of day was this?

'Answer During the morning some time.

'Ques. by P.C. In your night visit have you found him at his post attending to business?

'Answer I have.

'Cross Examined by J.A.

'Ques. by P.C. Were you Officer of the Day August 8th?

'Answer I was not.

[page 61]

'Ques. by J.A. You may state on what other occasion you reprimanded the Lt. for inattention to duty?

'Answer Only in the case I have mentioned.

'Ques. by P.C. Have you ever seen him intoxicated while on duty?

'Answer I have

'Ques. by P.C. Do you know whether on the occasion you have mentioned he had visited the Guard?

'Answer No sir I took his word for it.

'Ques. by P.C. On the first occasion did you find him?

'Answer I did not it was impossible to see him.

'Ques. by P.C. What is the prisoner's reputation for Sobriety?

'Answer Bad

'Signed Capt F.B. Gilbert

[page 62]

'The defence here rested its case and the case was closed.'

[page 63]

Written statement of defence

'The counsel for the accused submitted a written statement of defence as follows "Lieut E. Carroll Brewster Co. F. 91st P.V. for his statement submits the following

'That the evidence adduced by the prosecution is vague and unsatisfactory and so disconnected that the chain of events cannot be followed so as to present rebutting testimony and further that such portions as bear positively against the accused are from hearsay statements of other parties than the witnesses testifying thereto.

That the persons by whom the Charges + Specifications should or could have been supported were not called by the prosecution. The two sergeants of the guard the prisoner who escaped (Gallagher from Co. B 91st Pa. Vols.) could have easily been procured to substantiate the charge of discharging prisoners without authority.

The Corporal on duty at the time of alleged discharge and the sentinel at the door of the place of confinement could have been but were not brought forward to testify

[page 64]

'Not a shadow of evidence was adduced to show that the two prisoners Elder + Gallagher were ever received by Lieut Brewster into his custody or that they were ever seen by him or were discharged by him.

'The entry of their names

[page 65]

'upon the Guard House Roll of prisoners is not in Lt Brewsters [sic] handwriting or that of any of the sergeants of the guard and the additional entries in these cases is in the handwriting of Lt Shipley who undertook to make up the record upon the statement of a member of the guard as he says. A discharge from confinement in an upper room, with an armed sentinel at the door familliar [sic] with his non-commissioned officers (of his own Co. + Regt.) and with his Lt. Commanding the Guard is impossible unless by the knowledge of the sentinel or non-commissioned officer on duty. And yet this simple and perfect proof of the charge is not brought forward. The only evidence is that of a Corporal who says that the Lieut of the Guard discharged his prisoners and threw the book to the Sergt of the Guard telling him to "discharge whom he pleased["] and yet this Sergt is not produced nor is there the slightest corroboration offered out of a guard of twenty-nine men to this statement.

'As to the charge of Drunkenness it is in evidence that up to

[page 66]

'one o'clock P.M. the accused was attentive to duty and free from suspicion of the charge - that there is no place in the neighborhood in or from which liquor could be procured and that after the hour of one PM the accused did not leave the Guard House until he was ordered to his quarters by the Adj't of the Reg't. neither is any evidence shown that any one person was sent by the accused or brought to the accused any liquor of any description. A Statement is made by the Corporal before alluded to that he heard the accused tell two or three of the guard in a noisy conversation to bring him liquor and yet although not ten feet off from the parties and confident of the language used on both sides he could not tell who those 2 or 3 men were (that they might be called on to corroborate or rebut his statement) although these men were members of his own Co. and at least six months familiar with him. The accused submits that the charges or either [sic] are not proved against him.

'The difficulty of combating an

[page 67]

'unconnected chain of evidence not any portion of which is supported by corroborating testimony and on proving on behalf of the accused a negative - place the accused in the case in a difficult and delicate position in making a defence and he is compelled to rely on the simple fact of the charges not being proven.

'But in justice to himself and for the defence of himself from the imputation of doubt and for the information of the court he submits the following statement of occurrences on that day (8th August) making the same upon the honor of an officer.

'That on the night of the 7th August the weather was intensely hot and from that cause and from the effect of narcotic powders which had been furnished by the Surgeon of the Regt and which for a day had been taken by the accused to allay severe suffering from neuralgia - he passed a sleepless night obtaining only a short sleep as late in the morning as to prevent him from obtaining his breakfast before guard mounting at 8 o'clock. That until noon he was unable to get food - that the

[page 68]

'day was an intensely hot one the thermometer ranging as high as 92 ° [sc. degrees] in the shade. that the accused before one P.M. had visited the posts of his guard twice and from these various causes and from indisposition of such a a [sic] character as to render the accused liable to oppression therefrom he was not in health or spirits for exactness in the minutiae of duty. But he states most emphatically that on that day he had not drank a single drop of any intoxicating liquor and whatever feebleness of demeanor or unusual appearance of countenance were shown by him resulted from an uneasy painful slumber when oppressed by heat - loss of food + of sleep pain from disease and the effect of opium powder. Further that the evidence adduced to show foolish talk and joking with the men - privates of the guard - as a proof of drunkenness brings forth what the accused relies upon as the strongest point of his defence against doubts which are

[page 69]

'sought to be case against his character as an officer in this that he was formerly a private in the Regt and became familiarly acquainted with the men and not only of his own company but of all the Regt being afterwards made the confidential clerk of the colonel and, as such enstrusted with the granting of all passes to the privates of the Regt. Continued for along time in this capacity with the undeviating trust and confidence and approval of his colonel he was afterwards without solicitation on his own part commissioned as 2nd Lieut. and asasigned to another company than his own in which he has now among officers and men the warmest friends. He also refers in this connection to the testimony of corporal Neville who had known him since 1832 and well knew his character + habits and the fact of his suffering from chronic neuralgia.

'He finally states on honour that he has used his best endeavours from first to last to procure the men Elder of 69th N.Y.

[page 70]

'and Gallagher of 91st P.V. stated to have been discharged by him to give their testimony but without success: No such man as Elder can be found in the 69th N.Y. - and Gallagher by some means was out of the way.

'As a soldier of the three months campaign in the ranks and entering again into the ranks in his present Regiment leaving behind him a lucrative professional practice and a high social position - feeling in his whole course he has been impelled only by patriotic and honorable motives; and conscious that the good of the service and of the country has been his sole guide he protests in his defence against the charges as false and frivolous which unsupported by better evidence should never have been brought against an officer.

'The subpoena proving the effort to procure witnesses is herewith submitted.

'=Signed Enoch Carroll Brewster

'2nd Lieut Co. F. 91st P.V.

'Aug 21st 1862'

[page 71]

the verdict and sentence

'The case was closed the court was cleared and after mature deliberation on the evidence adduced does find as follows:

'Of Charges Guilty

'Of Specifications Guilty

'And do therefore sentence the prisoner E. Carroll Brewster 2nd Lieut of the 91st Regt. Pa. Vols

'- To be dismissed from the service of the United States

'to take effect on the day of the approval of this sentence.

'Lt. Col. Wallace

'91st Regt Penn Volunteers

'President

'Lieut Benedict

'Scotts "900" Cavalry

'Judge Advocate

'We do hereby certify that the foregoing sentence is the Sentence of General Court Martial in the Case of Lieutenant E Carroll Brewster of the 91st Regt Pa Vol

'Lt. Col. Wallace

'91st Regt Penn Vol

'President

'Lieut E D Benedict

'Scotts "900" Cavalry

'Judge Advocate'