War of the Rebellion: Serial 121 Page 0927 CORRESPONDENCE, ETC.--UNION AND CONFEDERATE.

Search Civil War Official Records

Specification 2.--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 sued by said Government or authorities for the confinement of Federal prisoners of war at Andersonville, Ga., and while serving in the commissary department of said prison, did wrongfully, cruelly, and in violation of the laws of war, place and confine in certain stocks or instruments of punishment and torture at said prison known as the 'spread-eagle stocks," a certain one of said prisoners named James Armstrong, a member of an Ohio reigment in the U. S. service, and thereupon take away by force from said Armstrong, and against his will, certain property of said Armstrong, to wit, a sum of money amounting to about $8 in U. S. Treasury notes, and a likeness or picture of the mother or sister of said Armstrong, and did not return to him the said picture or money, or any part thereof, and this though he, the said Armstrong, earnestly pleaded with him, the said Duncan, to be allwoed to retain the said picture. This at Andersonville, Ga., on or about the early part of the month of October, 1864.

Specification 3.--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, and having charge of the rations of said prisoners from the time they were delivered from the commissary of said prison to the time when they were issued to said prisoners, as well as charge of the cook-house of said prison, did wrongfully, and in violation of the laws of war, deprive said prisoners of vast amounts of said rations, to wit, very large qualities of bacon, beef, bread, meal, rice, peas, sirup, whisky, and other rations (some of which, especially the said whisky, were intended for the sick of said prison) by subsisting himself and his private mess upon the same, by selling and speculating in the same, by giving them away, by feeding them to his hogs, and by otherwise appropriating the same to his own private use and benefit; and, further, did even extract the grease from the rations of bacon furnished for said prisoners by boiling down and straining said bacon, and did appropriate the said grease, to the amount at least of twenty barrels, to his own use and benefit; by reason of all which said deprivation and appropriations of rations and supplies by him, the said Duncan, the rations actually issued to said prisoners were so diminished as often not to exceed one-half the amount actually furnished for them by the commissary of said prison, and this though the said prisoners were then and there, as he, the said Duncan, well knew, in a state of extreme suffering and wretchedness for the want of sufficient food and the necessaries of life, and were, most of them, in a starving condition. All this at Andersonville, Ga., at divers times continuously during the year 1864.

Specification 4.--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, cruelly, and in violation of the laws of war habitually seize and confine in the stocks of said prison or otherwise restrain and punish, numbers of said prisoners, not only in the daytime but often in the night, and others of said prisoners did assault, strike, knock down, and otherwise grievously maltreat and abuse, and this merely in gratification of his personal resentments, or in order to intimidate and constrain the said prisoners so that he might the more easily rob or extort money or valuables from them or otherwise take advantage of them to his own profit, and this while he, the said Duncan, well knew that the said prisoners were in a poor, destitute, and helpless condition, as well as enfeebled by disease and by extreme want, privation, and suffering. All this at Andersonville, Ga., continuously during the year 1864.

Specification 5.--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, cruelly, and in violation of the laws of war, habitually take into his possession the boxes and packages which were duly forwarded to said prison for said prisoners from their families and friends, and did open the same and take therefrom, without the consent of said prisoners, large quantities of the personal property of said prisoners, including clothing, cigars, coffee, sugar, cheese, and other supplies and provisions, and appropriate the same to his own use and benefit, and this though he, the said Duncan, well knew that said prisoners were then and there in a condition of extreme suffering for the want of clothing and the necessaries of life, and in immediate and constant need of the supplies and articles forwarded to and belonging to them, as aforesaid, and so seized and appropriated by him, the said Duncan. This at Andersonville, Ga., continuously during the year 1864.

To which charges and specifications the accused, James W. Duncan, late of the co-called C. S. Army, pleaded not guilty.