War of the Rebellion: Serial 121 Page 0926 PRISONERS OF WAR AND STATE, ETC.

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I respectfully request a copy of report made by Surgeon-General Barnes, U. S. Army, after his examination here on the 5th instant.

With the highest respect,

NELSON A. MILES,

Major-General, U. S. Volunteers.

GENERAL

WAR DEPARTMENT,

COURT-MARTIAL ORDERS,

ADJUTANT-GENERAL'S OFFICE,

Numbers 153.

Washington, June 8, 1866.

I. Before a military commission, which convened at Savannah, Ga., March 26, 1866, pursuant to Special Orders, Numbers 21, dated February 26, 1866, and Numbers 27, dated March 14, 1866, headquarters Department of Georgia, Augusta, Ga., and of which Bvt. Lieutenant Colonel H. A. Darling, U. S. Volunteers, is president, was arraigned and tried--

James W. Duncan, late of the C. S. Army.

CHARGE I: Murder, in violation of the laws of war.

Specification.--In this, that James W. Duncan, an employe of the rebel Government or military authorities in the rebel military service at the prison established and used by said Government or authorities for the confinement of Federal prisoners of war at Andersonville, Ga., and while serving as such in the commissary department of said prison, when a certain one of said prisoners who belonged to a Tennessee regiment in the U. S. military service, but whose name as well as the name or number of whose regiment is unknown, picked up when suffering from hunger a crust of bread which fell from a wagon containing loaves of bread for the rations of said prisoners, did willfully, feloniously, and with malice aforethought fiercely assault the said prisoner, and did knock him down, and after he was down did kick him several times upon his body with great violence, thereby inflicting upon him mortal injuries, by reason of which said kiching, violence, and injuries the said prisoner (whose name is unknown) in a few days thereafter, to wit, on or about the 13th day of June, 1864, at Andersonville aforesaid, did die. This at Andersonville, Ga., on or about the 10th day of June, 1864.

CHARGE II: Robbery, in violation of the laws of war.

Specification.--In this, that James W. Duncan, an employe of the rebel Government or military authorities in the rebel military service at the prison established and used by said Government or authorities for the confinement of Federal prisoners of war at Andersonville, Ga., and while serving as such in the commissary department of said prison, did, after having wrongfully, cruelly, and in violation of the laws of war, confine the body of a certain one of said prisoners named James Armstrong, a member of an Ohio volunteer regiment (the number or name of which is unknown), in certain stocks or instruments of punishment and torture at said prison known as the 'spread-eagle stocks," did willfully, feloniously, and by force and violence, and in violation of the laws of war, seize and take away from the said Armstrong, while so confined, and from his body, and against the will of said Armstrong, certain personal property of said Armstrong, to wit, a sum of money in U. S. Treasury notes of the value of $8, and a likeness or picture of the mother or sister of said Armstrong, of the value of $1, and did retain and did not return the said property to said Armstrong, nor any part thereof. This at Andersonville, Ga., early in the month of October, 1864.

CHARGE III: Violation of the laws of war.

Specification 1.--In this, that James W. Duncan, an employe of the rebel Government or military authorities in the rebel military service at the prison established and used by said Government or authorities for the confinement of Federal prisoners of war at Andersonville, Ga., and while serving as such in the commissary department of said prison did wrongfully, and without just cause or provocation, and in violation of the laws of war, knock down and violently and cruelly kick one of said prisoners at said prison whose name is unknown, and when the said prisoner thereupon got up, did again violently knock him down, thereby inflicting serious hurt and injury upon him, and this, thought said prisoner was an idiotic or half-witted person, and utterly inoffensive and helpless. This at Andersonville, Ga., on or about June 15, 1864.