Copyright 1998, Scott McKay
Proceedings of a General Court Martial, Convenening at Houston, Texas,
by virtue of the following order: viz:
Head Quarters, Dept. of Texas
Houston, February 27th 1862
General Order
No. 13 A General Court Martial is hereby appointed to meet at Houston
on the 28th day of Feby 1862, or as soon, thereafter as practicably for the
trial of Private J. C. Peters of Compy "C" Debray's mounted Battalion, and
such other Prisoners as may be brought before it.
Detail for the Court:
1. Lieut. Col. B. A. Philpott, Young's Regt. T. V. Infy
2. Major R. B. Young, Nelson's " " " "
3. Major J. E. Kirby, Kirby's Batt. " " "
4. Capt. S. F. Williams, 2d Regt. T. V. Infy
5. Capt. S. T. Fontaine, Cook's Batt. of Artillery
6. Capt. A. H. Phillips, 6th Regt. T. V. Infy
7. Capt. Jno. R. Kennard, Nelson's " " " "
8. Capt. B. Timmons, Nichol's " " " "
9. Capt. D. D. Stopisoy, Debray's Mounted Batt.
10. Capt. A. A. Forntissoy Young's " " " "
11. Capt. E. M. B. Sawyer Spieght's Batt. " " "
12. 1st. Lieut. L. B. Southwick, Nichol's Regt. " " "
13. Lieut. A. Whittaker, Cook's Batt. of Artillery
Major Horace Hardeman, Clark's Regiment, Texas Volunteer Infy
Judge Advocate
No other officers than those named may be assembled without manifest injury to the Service.
By order of
Brig. Genl. P. O. Hebert
Comdg. Military Dept. of Texas
James Bryan Davis
Major A.A.A.Gen.
2d.
Houston, 1 O'Clock P.M. March 19/62
The Court Martial persons to the above order
Present:
Lieut. Col. B. A. Philpott, Young's Regt. T. V. Infy
Major R. B. Young, Nelson's " " " "
Capt. B. Timmons, Nichol's " " " "
Capt. Jno. R. Kennard, Nelson's Regt. T. V. Infy
Capt. A. A. Forntissoy, Young's " " " "
Capt. E. M. B. Sawyer, Spieght's Batt. " " "
1st. Lieut. L. B. Southwick, Nichol's Regt. " " "
Lieut. A. Whittaker, Cook's Batt. of Artillery
Major Horace Haldeman, Clark's Regiment T. V. Infy.
Judges Advocates:
Private H. Brock of Compy "I" Nelson's Regt. T. V. Infy, the accused, also present.
The Judges Advocate having read this order concerning this Court, asked the accused
if he had any objections to any member name of ____ to which he replied he had not.
The Court Martial was duly sworn by the Judge Advocate, and the Judge Advocate
was duly sworn by the presiding officer of the Court, in the presence of the accused.
The charges were read aloud by the Judge Advocate.
Charge and Specification preferred against Private H. Brock of Capt.
Formwalt's Company, Nelson's Regt. T. V. Infy.
Charge - Sleeping on post.
Specification - In this that Pvt. H. Brock of Capt. Formwalt's Compy "I",
Nelson's Regt. T. V. Infy was at Fort Hebert, about half past two o'Clock A.M.,
on the Seventeenth day of February 1862 found asleep while on duty at
sentry at Post No. 6.
E. Van Harten
Capt. Compy "R" Artillery
Officer of the day
Charge and Specification, preferred against Private H. Brock of Capt.
Formwalt's Company (I) Nelson's Regiment Tex. Vol. Infantry
Charge - Sleeping on post.
Specification - In this that Private H. Brock of Capt. Formwalt's Company (I)
Nelson's Regiment T. V. Infy was at Fort Hebert about half past two o'clock
A.M. on the Seventeenth day of February 1862 found asleep while on duty as
sentry of post No. 6
E. Van Harten
Capt Compy R Artillery
Officer of the Day
Judge Advocate:
Private H. Brock, you have heard the Charge preferred against you.
Say you, guilty or Not guilty?
The Judge Advocate here gave notice that should there be any persons
present in Court which have been summoned as witness, they must retire
and wait until called for.
Corpl. W. M. Wilder of Compy. "B" Nelson's Regt. T. V. Infy, a
witness on the part of the prosecutor was duly sworn
By Judge Advocate :
Ques. Do you Know the accused?
Ans. Yes, Sir!
Ques. To what Company and Regiment does he belong?
Ans. To Capt. Formwalt's Compy. Nelson's Regt.
Ques Was he on Guard at Fort Hebert on or about the 17th of Febry 1862?
Ans. Yes, Sir!
Ques State all you know about his having been found asleep on his post
Ans. I approached him; he did not come out of his sentry box; I went up to it,
and asked of him was he asleep Too, and I touched him on the knee at the same
time; he got up and said "No."
Ques. What was the position of the accused?
Ans. He was sitting with his back against the sentry box and feet outside of the box
and his gun with the butt on the floor and his right hand on the gun
Ques. What was the position of his gun?
Ans. The butt was on the floor and I do not know whether the bayonet was resting
against the box or not.
Ques. Were his eyes closed?
Ans. I could not see whether his eyes were closed or not. I was in a hurry and did
not take time to look.
Ques. What was the position of his head?
Ans. I do not know whether his head was against the box or not.
Ques. How often did you speak to him before he answered you?
Ans. But once.
Ques How often did you push him with your hand?
Ans. I just touched his knee.
Ques. Was his hand grasping the gun?
Ans. Yes, Sir!
Ques. Were you alone when you touched him?
Ans. No, Sir! The sentry that relieved him and Private O'Connor were with me.
Ques. Who was the sentry that relieved him?
Ans. John Angley.
Ques. What time in the night was it?
Ans. About 1 O'Clock.
Ques. What Post was the accused at?
Ans. Number 6.
Ques. Was the night dark?
Ans. No, Sir ! It was moonlight, but somewhat cloudy.
The accused had no questions to ask
By the Court.
Ques. Who caused the accused to be arrested?
Ans. I reported to the Lieut. I caught him sitting down.
Ques. Why was he arrested?
Ans. Don't know.
Ques Did you speak to him loudly and sharply?
Ans. I said, "hello" are you asleep boy?
Ques. How many men did you have under your Charge at the time?
Ans. About 12 or 14.
Ques. What is the nature of the ground you had to walk over before arriving at the
Post of the accused?
Ans. On the Breast Works.
Ques. Did you post the prisoner, if so what instructions did he receive?
Ans. I did not put him on Post.
Ques. Why did you ask him if he was asleep too?
Ans. Me and the sentinel were talking until we got up to the box, as to whether
the other sentinel was asleep, I just happened to make that remark.
Ques. Did you and the men with you make much noise when going to relieve the prisoner?
Ans. We were all talking.
The Court adjourned to meet at 9 O'Clock A.M. the 20th inst.
9 O'Clock A.M. March 20th 1862
The Court Martial pursuant to adjournment
Present:
Lieut. Col. B. A. Philpott, Young's Regt. T. V. Infy
Major R. B. Young, Nelson's " " " "
Capt. B. Timmons, Nichol's " " " "
Capt. Jno. R. Kennard, Nelson's Regt. T. V. Infy
Capt. A. A. Forntissoy, Young's " " " "
Capt. E. M. B. Sawyer, Spieght's Batt. " "
1st. Lieut. L. B. Southwick, Nichol's Regt. " "
Lieut. A. Whittaker, Cook's Batt. of Artillery
Major Horace Haldeman, Clark's Regiment
Judges Advocate, and Private H. Brock the accused.
The proceeding of yesterday were read over.
Pvt. Michael O'Connell of Compy "F" Cook"s Battalion of Artillery a
witness on the part of the prosecution was duly sworn By Judge Advocate.
Ques. Do you know the accused?
Ans. No, Sir!
Ques. Were you on guard at Fort Hebert on about the 17th of February 1862?
Ans. Yes, Sir!
Ques Did you see the accused on guard at this time?
Ans. I did see him on guard.
Ques State all you know about his having been found asleep on post.
Ans. I was to the rear of the guard, of some 16 or 17 men, the man was relieved
of guard, I don't remember know anything about his being asleep.
Ques. What post was he on?
Ans. On Post Number 5.
Ques. Are you positive he was on No. 5
Ans. Yes, Sir!
Ques. What took place at No. 6?
Ans. I went up with the Corporal, and found the sentinel sitting down, the Corporal
put his hand on him, and he got up.
Ques. What was the position of the sentinel's gun at the time?
Ans. It was leaning against the box.
Ques. What was the position of that sentry?
Ans. He was sitting down.
Ques. Was his gun in his hand?
Ans. No, Sir! It was beside him in the box.
Ques. Was the accused the accused of the sentry on post No. 6?
Ans. This is not the sentry that was at Post No. 6.
The accused had no questions to ask
By the Court
Ques. What did the Corporal say to the sentinel at No. 6 when he touched him?
Ans. He said something to him about being asleep, I don't know what.
Ques. What did the sentinel at No. 6 say?
Ans. He said nothing in my hearing.
The Judge Advocate having presented all the evidence for the prosecution.
Noted that the prosecution is closed; the accused had no defense to make.
The evidence being thus in possession of the Court, the Court was cleared
for deliberation, and having maturely considered the evidence addressed, find
the accused Private H. Brock of Company I, Nelson's Regiment T. V. Infantry,
as follows
Of the Specification of Charge Not Guilty
Of the Charge Not Guilty
And the Court do therefore acquit him.
B. A. Phillpot, Lieut. Col
Young's Regt. T. V. Infantry &
President of the Court Martial
Horace Haldeman
Maj in Clark's Regt T. V. Infy
Judge Advocate
[10th Texas Compiled Service Records]
Notes
Pvt. Hugh Brock - Age 15 upon enlistment with Co. I, 10th Texas Infantry, at Millican, Brazos County, Texas, on January 16, 1862. He was found asleep on Guard Duty at Post No. 6 of Ft. Hebert, Virginia Point, Galveston, Texas, on February 17, 1862. Pvt. Brock was scheduled for Court Martialed on February 27, 1862; he was found "Not Guilty" on March, 20, 1862.
Pvt. Brock was captured at Arkansas Post, Arkansas, on January
11, 1863; arriving at Camp Douglas Prison near Chicago, Illinois, on January
29th. Pvt. Brock took the Oath to the Union on March 7, 1863. According to his
Oath of Allegiance Certificate, he stood 5'6" tall with blue eyes and light
hair. Pvt. Brock was henceforth listed on the rolls of the 10th Texas Infantry
as a "Deserter."
Copyright 1998, Scott McKay