January 9, 1865 was a rainy Monday in Corporal William Wagner’s Union Army camp at Clarksville, Tennessee. He and his Company had been stationed there for a couple years. They were bored and impatient for the war to end so they could go home.

Earlier in the day, William had quarreled with Charles Walster over a pistol. (Walster was a survivor of Company M transferred to Company H after a third of his Battery was captured at Rogersville the previous year.)

That evening, around 8:15, William went to his brother John’s house. John, a Seargent, had his own quarters with his wife Eliza, a widow with two boys, who he had married about 3 years prior. William went there looking for Lieutenant Hudson, who was there for supper, along with Corporal Silas Fairchild. William stayed until about 9:15 and then he and Silas headed back to camp and their quarters that they shared with his brother Henry, John Stires, and Ezra Mitchell. He went to bed around 10 p.m.

At about the same time William was at his brother’s house, around 9 p.m., a dozen men dressed in “citizen clothing” and slouched hats pulled down over their faces and armed with pistols were pounding on Jesse Bailey’s door just outside of Clarksville. They threatened to burn down the house if he didn’t let them in. When Bailey refused, Simon Pierce kicked in the door. Pierce, who was a private in William’s Company, tackled Bailey and threw him to the floor, kneeled on his chest and choked him until he passed out. When Bailey regained consciousness, they threatened to shoot him if he didn’t give them his money. Bailey went to a drawer and gave Pierce a pocketbook. The men made off with two double barrel shotguns, a gold watch, $6.25 in greenbacks, $4 in silver coins, and a $100 and $20 confederate bills. O’Neill, a local citizen, took the guns to sell, Charles Walster was in charge of selling the watch, and the proceeds divided among the men.

Bailey must have recognized some of them because he brought charges with the army and his guns and watch were quickly recovered. Walster, who apparently confessed and took a plea if he would testify against his accomplices, implicated William, Silas Fairchild, Joseph Avey (another private in Co. H) and several others. Avey and Fairchild had been neighbors before the war in Hancock County, Illinois (about 20 miles N of Quincy where the Wagner boys lived).

On January 20, William, Silas and Avey were arrested and charged with Larceny, Robbery and Assault & Battery, apparently based solely on Walster’s accusation. William pled Not Guilty to all charges, of course. They remained in jail awaiting his General Court Martial for 3 frustrating weeks.

Finally, on February 11, at 9 a.m. their Court Martial was convened. Lt. Russell, the Judge Advocate (prosecutor), called Charles Walster as his first witness.

Walster testified that Simon Pierce had spoken to him about the idea of robbing Bailey a few weeks before. When the Judge Advocate asked who participated in the robbery, Walster answered “Simon Pierce, Thomas Gordon, Silas W. Fairchild, William Wagner, Joseph Avery, (all of Battery H, 2nd Illinois) and O’Neill, a citizen.” He then described the events of the night in detail, how Pierce kicked in the door and attacked Bailey, and stealing his guns, watch and money. When asked whether William was present for the entire event, Walster answered “Yes sir, he was on the premises.” Judge Advocate: “Did the accused assist in or assent to all that was done at Mr. Bailey’s by the party?” Walster: “Yes sir, I think he did.”

When William’s defense attorney cross examined Walster, he asked when and where William supposedly joined them on that night. Walster said William was not with them when they had left camp between 6 and 7 pm, but that William had joined them at Red River[1] on their way to Bailey’s house, and that William had remained with them until 1 a.m. The defense attorney then asked Walster whether he had had any “personal difficulty” with William. Walster admitted they had had a dispute about a pistol that day in camp. He could not remember whether he had threatened William, “but might have done so.”

Court was adjourned for the day.

When the trial resumed on the 13th, the Prosecution called Jesse Bailey to the stand. He described his ordeal, testifying that on January 9 around 9 p.m. a dozen men broke down his door, and then beat and robbed him. His account closely matched what Walster had described. But when the Judge Advocate asked Bailey if he recognized William as being one of the party, Bailey said no. The prosecutor tried to salvage his case by next asking if the men were disguised, and Bailey described their clothing and slouched hats but then added that they were there for two hours. So, when the Defense had his chance to cross examine, he immediately asked “Did you say that you do not recognize the accused as being one of the party that robbed you?” Again, Bailey answered “I do not recognize him as being one of the number.”

At this point the prosecution rested.

Now it was the defense’s turn. Their first witness was William’s brother John. He testified that William was with him at his quarters along with his wife Eliza, Silas Fairchild and Lt. Hudson between 8:15 to 9:15 that evening. Ezra Mitchell, a private in William’s company, was called next and established that William was in bed about 10 in their quarters that they shared with William’s brother Henry, Silas Fairchild and John Stires. He also had witnessed the argument between Walster and William. Another private from William’s company, John Valentine, testified that he believed he saw him in camp around 10 when he was out feeding his horses.

The defense’s final witness was John’s wife Eliza. She testified that she had known William for nearly 3 years and that he had arrived at their house shortly after 8 p.m. looking for Lt. Hudson.

The defense then wanted to introduce some character witnesses, but the prosecution conceded to what the witnesses would have said, so the defense rested.

William, Silas and Avey were returned to the brig to await the judges’ decisions.

It took nearly a month, until March 8, for their verdict:

… the court finds the accused, William Wagner …
Not guilty on all charges
And the court does therefore acquit William Wagner.
He will be released from arrest.

Silas Fairchild was also found Not Guilty and released.

Joseph Avey was found guilty on all charges. His sentence was to be dishonorably discharged, forfeit all pay due to him, and confined at hard labor for a period of five years. However, I found no evidence that Avey was dishonorably discharged.

[1] Red River runs along the north and east edges of the city of Clarksville.

Further Reading and Downloads:

Download just the Court Martial transcribed excerpts with full testimony.

Related Posts

Print Friendly, PDF & Email

Subscribe to my Family Website for new discoveries!

This field is required.