This is the final post of the Dugald Hammonds series. Below is the trial transcript from Hammonds’ court martial. Other posts in this series:
Part 4: Court martial and death
Transcript of Proceedings in Court Martial of Private Dugald Hammonds
Proceedings of a Genl. Court Martial convened on board Steamer Effie Deans Mo. River. Sept. 6/64 in case of Private Dugal Hammons Co K, 1st U. S. Vols.
Proceedings of a General Court Martial which convened on board Str. Effie Deans Missouri River by virtue of the following Special order:
Hd Qrts 1st U. S. Vols
Steamer Effie Deans, Mo. River
Sept. 6th 1864
Special Orders No 121
A General Court Martial is hereby appointed to meet on board the Steamer Effie Deans this day or as soon thereafter as practicable for the trial of Prvt. Dugal Hammons, Co K 1st U. S. Vols and such other Prisoners as may be brought before it.
Detail for the Court
- Capt W B Upton Co B 1st U. S. Vols
- “ A F Fay “ E “ “ “ “
- “ E G Adams “ D “ “ “ “
- Lieut B S Wilson “ C “ “ “ “
- “ W E Bancroft “ K “ “ “ “
- “ W H Backerman “ C “ “ “ “
Judge Advocate.
No other officers than the above named can be assembled without manifest injury to the service.
By order
Col C. A. R. Dimon, Comd’g
(signed) H. C. Archibald, Lt and Adj’t
On board Str Effie Deans
Mo. River, Sept 6th 1864
2 O’clock P. M. The court met pursuant to the foregoing order.
Present
- Capt W B Upton Co B 1st U. S. Vols
- “ A F Fay “ E “ “ “ “
- “ E G Adams “ D “ “ “ “
- Lieut B S Wilson “ C “ “ “ “
- “ W E Bancroft “ K “ “ “ “
- “ W H Backerman “ C “ “ “ “
The court then proceeded to the trial of Private Dugal Hammons, Co K 1st U. S. Vols, who was called before the Court and having heard the order appointing the Court read was asked if he had any objection to any member named in the order. The accused had no objection. The Court and Judge Advocate were then in his presence duly sworn.
The accused Private Dugal Hammons was arraigned on the following Charges and Specifications:
Charge 1st Violation of the Seventh Article of War
Specification, In this that he the said Priv. Dugal Hammons Co K 1st U. S. Vols did on the morning of the 6th day of September 1864 begin and excite mutiny and sedition to lawful authority by making use of the following words to Corp Angell Co H 1st U. S. Vols, “If I was you and a man wanted to jump overboard I would let him, I wouldn’t say a word to him” or words to that effect after repeated desertions had been accomplished in the same way.
Charge 2nd Aiding and Abetting Desertion
Specification, In this that he the said Private Dugal Hammons Co K 1st U. S. Vols having been duly posted as a sentinel on board Str. Effie Deans did between the hours of two and four A. M. on the morning of the 6th of September 1864 permit and allow one Private Nathan A. Murdock Co K 1st U. S. Vols to pass his beat and desert the service of the United States.
All this on board Str Effie Deans on or about the 6th day of September 1864.
(sd) Sam’l B. Noyes
1st Lieut Co B 1st U. S. Vols
Preferring Charges
Witnesses:
Lt J. C. Cronan Co H 1st U. S. Vol’s
Corpl Angell Co H “ “ “ “
Capt Benj R. Dimon Co K “ “ “ “
To which Charges and Specifications the accused pleaded as follows:
To the Specification of the 1st Charge, “Guilty”
To the 1st Charge, “Guilty”
To the Specification of the 2nd Charge, “Not Guilty”
To the 2nd Charge, “Not Guilty”
Corp Angell Co H 1st U. S. Vols
1st Witness for Prosecution was duly sworn.
Q (J. A.): State your name, rank, Co & regt
Ans: Chas. W. Angell Corp Co H, 1st U. S. Vols
Q (J. A.): Do you know the Prisoner (the Accused) Priv Dugall Hammons and recognize him as being the man on post this morning between the hours of 2 and 4 A. M.?
Ans: I know him to be the man that was on post by his being on 1st Relief.
Q (J. A.): Do you know him (the Accused) by his voice?
Ans: I could not tell him by his voice, he only spoke a few words.
Q (J. A.): Do you know anything about Priv Murdock, Co K 1st U. S. Vols, leaving last night?
Ans: I heard someone left last night but did not know it was him.
Q (J. A.): What time was it when you heard of the man being gone?
Ans: This morning after sunup was first I heard of it.
Q (J. A.): What time was you at the post when the Prisoner spoke to you?
Ans: Between 2 and 4 A. M.
Q (J. A.): Did you hear any noise this morning that sounded like anyone jumping overboard?
Ans: I did not.
The Accused declines to Cross Examine.
Q (by Court): What made you think it was the Accused whose post you visited between the hours of 2 and 4 A. M.?
Ans: If this (the Accused) is the man the officer of the guard arrested, this is the man.
Q (J. A.): Where was this man posted?
Ans: On the starboard side of Steamer near some sacks of Potatoes about Centre of Boat near wood pile.
The Accused declines to Cross Examine.
Corp Wm. Shoot, Co H 1st U. S. Vols, a witness for the prosecution, was duly sworn.
Q (J. A.): Do you know the accused, Priv. Dugall Hammons?
Ans: I do.
Q (J. A.): Was he on Guard yesterday?
Ans: Yes, Sir.
Q (J. A.): What Relief?
Ans: 1st Relief.
Q (J. A.): Was you Corp of 1st Relief yesterday?
Ans: Yes, Sir.
Q (J. A.): Where was the Accused posted?
Ans: on Starboard side on lower deck near where those potatoes are.
Q (J. A.): Was he on post between hours of 2 and 4 A. M. this morning?
Ans: He went on at 7 and came off at 9. He went on at 1 and came off at 3.
Ans: He was.
Q (J. A.): Did you post him there yourself this morning?
Ans: I did.
Q (J. A.): Did you hear anyone jump overboard while he was on post?
Ans: I did not.
Q (J. A.): Did you hear of Priv Murdock Co K 1st U. S. Vols leaving last night?
Ans: No, Sir, I did not.
Q (by Court): What instructions did you give him?
Ans: I told him to keep a sharp lookout and if he saw anybody jump off the boat, to shoot them.
Q (J. A.): Did you visit him while he was on post?
Ans: Yes, Sir, I visited my sentinels regularly every three times during the two hours.
Q (by Court): Did you visit that man (the Accused) during the two hours.
Ans: Yes, Sir. I visited him twice.
Q (by Court): Did you see anyone else near him when you visited him?
Ans: No, Sir, I did not.
The Accused declines to Cross Examine.
Lt. Cronan Co. H 1st U. S. Vols, a witness for Prosecution was recalled duly sworn.
Q (J. A.): Do you know the accused?
Ans: I do not.
Q (J. A.): Did you hear a suspicious noise this morning that sounded like one jumping overboard between the hours of 2 and 4 A. M.?
Ans: I did.
Q (J. A.): What side of Steamer?
Ans: Starboard side.
Q (J. A.): State all what you know concerning that suspicious noise.
Ans: I was up between hours 2 and 4 A. M. and I heard this noise. I came in cabin and asked of either one of those two men from Co “C” (that were trying to desert) was on board. I found out that they were and I made the remark then that I thought some person had jumped overboard.
Q (by Court): What part of the boat did you think the noise came from?
Ans: I should say about half way between the midship and stern on Starboard side.
Q (J. A.): Did you visit the Sentinels post at that time?
Ans: I did not.
Q (by Court): did you know that man was arrested?
Ans: I did not
The Accused declines to Cross Examine.
Sergt. Harrison C. Walsten Co H 1st U. S. Vols, a witness for Prosecution, was duly sworn
Q (J. A.): Do you know the Accused?
Ans: Yes, Sir. I have seen him at least.
Q (J. A.): Were you Sergt of Guard yesterday?
Ans: Yes, Sir. I was in charge of Guard yesterday.
Q (J. A.): Was the Accused on Guard yesterday?
Ans: To best of my knowledge, he was. His name is Hammons, I believe.
Q (J. A.): Do you recognize him as the man you arrested last night this morning?
Ans: I did not arrest him. I didn’t know he was arrested until this morning.
Q (J. A.): Did you hear of Priv Murdock Co K 1st U. S. Vols leaving last night?
Ans: I did not hear it until this morning when I was going up on deck.
The Accused declines to Cross Examine.
Corpl Wm. Shoot Co H 1st U. S. Vols, a witness for the Prosecution, was recalled.
Q (J. A.): Who arrested the accused last night?
Ans: Lieut. Backerman, Officer of the Guard.
Q (J. A.): What time was he arrested?
Ans: I don’t know exactly. About 2 O’clock, I suppose.
Q (J. A.): Was you at the post where the Lieut arrested him?
Ans: No, Sir, I was not, but I was near the post.
Q (J. A.): Did the Lieut send you off to get another man to put in his place?
Ans: Yes, Sir.
Q (J. A.): Do you know the name of the other man?
Ans: No, Sir, I do not. The man that relieved him belonged to 2nd Relief. There was no other man went out.
Q (J. A.): What did you do with the accused after he was relieved off of his post?
Ans: I put him in the Guard House.
Q (J. A.): Was that by the Lieut’s orders?
Ans: Yes, Sir.
The accused declines to cross examine.
Capt Benj. R. Dimon, a witness for the Prosecution, was duly sworn.
Q (J. A.): Do you know the accused?
Ans: I do.
Q (J. A.): Is he a member of your company?
Ans: He is.
Q (J. A.): Did Priv Murdock belong to your Co.?
Ans: He did.
Q (J. A.): Do you know what time Priv Murdock left your company?
Ans: He did I don’t know.
Q (J. A.): Did he answer Roll Call on the evening of the 5th Sept?
Ans: As far as I know, he was reported as present.
Q (J. A.): Was he reported as absent at Reveille Roll Call on morning of 6th?
Ans: He was.
Q (J. A.): Did you hear any time this morning any suspicious noise that sounded like a person jumping overboard?
Ans: I did not.
Q (J. A.): Did you know where the accused, Priv Hammons, was posted?
Ans: I did by report from the Serg’t of the Guard.
Q (J. A.): Did you see him at any time while he was on post?
Ans: I did not.
Q (J. A.): When did you hear that this man had left?
Ans: About 7 O’clock this morning.
Q (J. A.): Did you hear about this man, the accused, being in arrest at the same time?
Ans: I did.
The accused declines to cross examine.
Q (by Defense): What has been the character of the accused?
Ans: He has been a good soldier since I have been with the Co. He has also been reported to me as a man of good character, never before known as derelict in his duty, always performing his duty as a manly soldier cheerfully and willingly.
Statement of the Accused:
The reason I said what I did to the man was to see if he was not a man that was trying to get away. I said to the Corp’l, that I suppose some were trying to get overboard.
Q (by Court): Why did you not inform the Lieut of the Guard at the time of your arrest that you were trying the Corporal?
Ans: I didn’t know it would do any good. I asked him what he arrested me for, he said I would know in the morning. The Lieut asked me what I had been saying to the Corporal. I said nothing.
Capt Benj’ R Dimon, a witness for the Prosecution, was recalled.
Q (by Defense): How long had you known the accused, Priv Dugal Hammons?
Ans: I have known him about ten days.
The accused, having no further testimony to offer, the case was closed.
The Judge Advocate submitted the case to the Court without remark.
The Court was then cleared for deliberation, and having maturely considered the evidence adduced, find the accused Private Dugal Hammons Co K 1st U. S. Vols as follows:
To the Specification of the 1st Charge, “Guilty”
To the 1st Charge, “Guilty”
To the Specification of the 2nd Charge, “Not Guilty”
To the 2nd Charge, “Not Guilty”
And the Court do, therefore, sentence him, Private Dugal Hammons, Co K, 1st U. S. Vols. That considering the best interests of the service he be shot to death by musketry at such time and place as the Comd’g Officer may direct. Two thirds of the members of the Court concurring therein.
There being no other business before the Court, it adjourned until 9 O’clock tomorrow morning, the 7th Inst.
W. H. Backerman
1st Lt. Co. E 1st U. S. Vols
Judge Advocate
Wm. B. Upton
Capt. Co. B 1st U. S. Vols
President of Court
Source: Dugal Hammons NARA compiled service record, available on Fold 3.
Copyright 2023 by Kirk Ward. All rights reserved.