John Schofield, General Orders No. 89

Accession Number

KYR-0001-003-0097

Document Genre

Legal/Financial

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Thomas E. Bramlette: Governor's Official Correspondence File, Military Correspondence, 1863-1867

Item Location

BR5-160 to BR5-161

Place of Creation

Knoxville, Knox County, Tennessee

Date of Creation

20 October 1864

Dates Mentioned

1864-10-20

1864-01-11

1864-01-08

1864-01-24

1864-01-26

1864-01-30

1864-12-14

1863-12-14

John Schofield, General Orders No. 89, 20 October 1864, Office of the Governor, Thomas E. Bramlette: Governor's Official Correspondence File, Military Correspondence, 1863-1867, BR5-160 to BR5-161, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-003-0097, (accessed April 19, 2024).

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Head Quarters Department of the ohio
Knoxville Tenn. October 20^th 1864
General Orders
No. 89 } Extract.

II Before a General Court Martial which convened at Louisville. Kentucky. January 11^th 1864 pursuant to Special orders Nos. 9. 16. 25. 27 and 31, dated Assistant Adjutant General's office. Department of the ohio Lexington, Kentucky, January 8^th 15^th 24^th 26^th and 30^th 1864. respectively, and of which Lieutenant Colonel. B, F, orcutt 25th Regiment Michigan Volunteer Infantry, was President, was arraigned and tried --

2nd Lieutenant Charles Helton Company I 39th Regiment Kentucky Volunteer Mounted Infantry.
Charge I
"assult and Battery, with intent to commit rape"

Specification -- "In this: that he, Lt Charles. Helton Co. "I" 39^th Regiment Ky. Vols. Mounted Infantry, did, on or about the 14^th day of December. 1864. go to the house of Capt Thos Russell. of the 45th Ky. Vols. Inft U. S. army, and did rudely assult the wife of said Capt Russell, saying that he would stay all

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night with her, and on being told that he should not. replied 'By god. I will Stay.' M^rs Russell then ran into another roon, and shut the door. said Helton kicked the door violently, and said to her, 'If you do not open the door, I will blow your God damned brains out,' and forced the door open, and followed said M^rs Russell into another room; and caught hold of her and tore her dress open and thrust his hand into her bosom, saying, 'I have been on a scout fourteen days, and by God I must have you for my purposes now,' and the said Helton did, by force, attempt to throw said M^rs Russell on the bed, and was only prevented from so doing by the timely appearance of two countrymen. All this on Rock Castle Creek Lawrence County Kentucky."

Charge II
"Conduct unbecoming an officer and a Gentleman."

Specification -- "In this; that he, 2^nd Lieut Charles Helton Co. I. 39^th Regiment Ky. Vols. Mounted Inft. U S Army did on the 14^th day of December 1863 go to the house of Capt Tho^s Russell, of the 45^th Regt. Ky. Vols. U. S. Army and did in a rude and unGentlemanly manner use threatening and insulting Language to the wife and daughter of Capt Tho^s Russell, and did attempt to persuade the daughter aforesaid to accompany him from the house and

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upon her refusing to go, he replied, 'By god you shall go or I will kill you.' and drew his pistol. she running off this at Rock Castle. Lawrence County Ky."

Specification 2^nd -- "In this: that he 2nd Lieut. Charles Helton, Co. I. 39^th Regt Ky. Vols. Inft U S. army did on the 14^th day of December 1863 rudely enter the house of Emanuel Spence, and did use insulting Language to the inmates thereof and did fire his pistol in said house, and by threats compel Mrs Zelphina Spence to accompany him one-fourth of a mile from her house, attempting to persuade her to go to camp with him, there to be as a wife to him. All this on Rock Castle Creek, Lawrence county. Kentucky."

Charge III
"Drunkenness on duty"

Specification -- "In this; that he, 2nd Lieut Charles Helton Co "I" 39^th Regt. Ky. Vols. Mounted Inft. U. S. Army did on the 14^th day of December 1863 while in command of his company, on a Scout in Lawrence County, K.,, get intoxicated to such an extent that he was unable to Command, and did permit his company to become demoralized and scattered in consequence of said intoxication."

To which charges and specifications the accused pleaded: "Guily."

Finding.

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The Court, having maturely considered the evidence adduced, finds the accused, 2nd Lieutenant Charles Helton Co "I." 39^th Regiment Kentucky Volunteer Mounted Infantry. as follows:

Charge I
of the Specification. "Guilty."
of the Charge. "Gulty."
Charge II
of the 1^st Specification, "Guilty."
of the 2^nd Specification, "Guilty,"
of the Charge. "Gulty."
Charge III
of the Specification, "Not Guilty"
of the Charge "Not Guilty."

Sentence.

And the court does therefore sentence him 2^nd Lieutenant Charles Helton Co. "I" 39^th Regiment Kentucky Volunteer Mounted Infantry. "To be reduced to the ranks and forfeit all pay proper due, and to become due, and that he be confined at hard Labor with ball and chain attached to his leg, for three years. at such place as shall be designated by the General Commanding, and at the expiration

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of his sentence to be dishonorably dismissed from the service."

III.. The proceedings, findings and sentence in the case of 2nd Lieut Charles Helton. Company I. 39^th Kentucky Mounted Infantry, are approved and confirmed except, so much of the Sentence as reduces him to the ranks.
His name, however, will be Stricken from the rolls of his Company, and he will be delivered, under guard, into the custody of the Commanding Officer of the at Louisville Kentucky, under whose direction the remainder of the Sentence will be executed.

By Command of
Major General Schofield
(S'g'd) J. A. Campbell
Major and A. A. Genl
Official

Capt & A. A. Genl

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Head Quarters Department of the ohio
Knoxville Tenn. October 20^th 1864
General Orders
No. 89
Extract.

II Before a General Court Martial which convened at Louisville Kentucky January 11^th 1864 pursuant to Special orders Nos. 9. 16. 25. 27 and 31, dated Assistant Adjutant General's office. Department of the ohio Lexington, Kentucky, January 8^th 15^th 24^th 26^th and 30^th 1864 respectively, and of which Lieutenant Colonel B. F. orcutt 25^th Regiment Michigan Volunters Infantry, was President, was arraigned and tried.

2^nd Lieutenant Charles Helton Company I 39^th Regiment Kentucky Volunteer Mounted Infantry.
Charge I
"assult and Battery. with intent to commit rape"

Specification -- "In this: that he, Lt Charles Helton Co. "I" 39^th Regiment Ky. Vols. Mounted Infantry did, on or about the 14^th day of December 1864 go to the house of Capt Tho^s Russell of the 45^th Ky. Vols. Inft U. S. army. and did rudely assult the wife of said Capt Russell, saying that he would stay all
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night with her, and on being told that he should not. replied 'By god. I will Stay.' M^rs. Russell then ran into another room, and shut the door. said Helton kicked the door violently, and said to her, 'If you do not open the door, I will blow your God damned brains out,' and forced the door open, and followed said M^rs. Russell into another room; and caught hold of her and tore her dress open and thrust his hand into her bosom, saying, I have been on a scout fourteen days, and by God I must have you for my purposes now, and the said Helton did, by force, attempt to throw said M^rs Russell on the bed, and was only prevented from so doing by the timely appearance of two countrymen. All this on Rock Castle Creek Lawrence County Kentucky."

Charge II
"Conduct unbecoming an officer and a Gentleman."

Specification -- "In this; that he, 2^nd Lieut Charles Helton Co. I. 39^th Regiment Ky. Vols. Mounted Inft U S Army did. on the 14^th day of December 1863 go to the house of Capt Tho^s Russell, of the 45^th Regt. Ky. Vols. U. S. Army and did in a rude and unGentlemanly manner use threatening and insulting Language to the wife and daughter of Capt Tho^s Russell, and did attempt to persuade the daughter aforesaid to accompany him from the house and
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upon her refusing to go, he replied, 'By god you shall go or I will kill you.' and drew his pistol. she running off this at Rock Castle. Lawrence County Ky."

Specification 2^nd -- "In this: that he 2nd Lieut. Charles Helton. Co. I. 39^th Regt Ky. Vols. Inft U S. Army did on the 14^th day of December 1863. rudely enter the house of Emanuel Spence, and did use insulting Language to the inmates thereof. and did fire his pistol in said house, and by threats compel M^rs Zelphina Spence to accompany him one-fourth of a mile from her house, attempting to persuade her to go to camp with him, there to be as a wife to him. All this on Rock Castle Creek, Lawrence county. Kentucky."

Charge III
"Drunkennes on duty"

Specification -- "In this; that he 2nd Lieut Charles Helton Co "I" 39^th Regt. Ky. Vols. Mounted Inft. U, S. Army did on the 14^th day of December 1863 while in command of his company, on a Scout in Lawrence County, Ky,, get intoxicated to such an extent that he was unable to command, and did permit his company to become demoralized and scattered in consequence of said intoxication"

To which charges and specifications the accused pleaded: "Guilty."

Finding.
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The Court, having maturely considered the evidence adduced, finds the accused, 2nd Lieutenant Charles Helton Co "I." 39^th Regiment Kentucky Volunteer Mounted Infantry, as follows:

Charge I
of the Specification. "Guilty."
of the Charge. "Gulty."
Charge II
of the 1^st Specification. "Guilty."
of the 2^nd Specification. "Guilty."
of the Charge. "Gulty."
Charge III
of the Specification. "Not Guilty"
of the Charge "Not Guilty."
Sentence.

And the court does therefore sentence him 2^nd Lieutenant Charles Helton Co. "I" 39^th Regiment Kentucky Volunteer Mounted Infantry, "To be reduced to the ranks. and forfeit all pay proper due, and to become due, and that he be confined at hard Labor, with ball and chain attached to his leg, for three years. at such place as shall be designated by the General Commanding, and at the expiration
< 5 >
of his sentence to be dishonorably dismissed from the service."

III.. The proceedings, findings and sentence in the case of 2nd Lieut Charles Helton. Company I. 39^th Kentucky Mounted Infantry, are approved and confirmed except, so much of the Sentence as reduces him to the ranks. His name, however, will be Stricken from the rolls of his company, and he will be delivered, under guard, into the custody of the Commanding officer of the at Louisville Kentucky, under whose direction the remainder of the Sentence will be executed.

By Command of
Major General Schofield
(S'g'd) J. A. Campbell
Major and A. A. Genl
Official

Capt & A. A. Genl

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