AW McCarty Scandal

A. W. McCarty of 78th Ohio

Court Marshaled for Rape

One of Few Such Incidents to Spoil Reputation

of Sherman's Splendid Army on March to Sea

Southern Claims of Wide-Spread Rape &

Vandalism Wildly Exaggerated

Herein is submitted the official transcripts of this outrageous affair, which will forever taint the otherwise glorious record of the 78th:

Head Quarters 3 Brig 1^st Div 17^th A. C. near Fayetteville March 13^th 1865.

Capt.

Several men from my command report to me that in the 6^th unit at or near Bennettville they detected Lieut. McCarty of the 78^th Ohio. {Not legible} attempting to forcibly violate the person of a white woman -- I request that the matter be investigated etc.,

O.A.G. 17^th [Army Corps]

Respectfully,

John {last name not legible}

C of {not legible]

Com of 3^rd Brg

Head Quarters 17^th Army Corps

Goldsboro N. C., April 3, 1865

Special Orders

No. 85

XII. A General Court Martial is hereby convened to meet in the town of Goldsboro, on Tuesday April 4^th 1865 or as soon thereafter as practicable for the trial of 1^st Sergt. Arthur W. McCarty, Co. "E" 78^th Ohio Vols and such other causes as may come before them.

Detail for the Court

Col. M. Montgomery 25^th Wis. Vols.

Col. Geo. C. Rogers 14^th and 15^th Ills. Batt.

Maj. T. P. Marshall 13^th Iowa Vols.

Maj. P. H. McCauley 17^th Wis. Vols.

Capt. J. M. Reid 15^th Iowa Vols.

Lieut. H. M. Towne Co. "I" 1^st Mich. Arty..

Capt. O. W. Pollock 63^rd Ohio Vols. Judge Advocate

No other officers than those named can be assembled without manifest injury to the service.

By Command of

Maj. Gen. F. P. Blair,

(___) C. Cadle Jr.

Assit. Adjt. Gen.

Official

O. P. Kimmay

Asst Adjt. Genl.

_______________

Third page was not legible. I can make out what appears to be the name Edgar Miller, but am none too sure about that.

Proceedings of a General Court martial convened at Raleigh N. C. in compliance with the following Order.

Head Quarters 17^th A. C.

Department of the Tennessee

Goldsboro N. C. April 3^rd 1865

Special Orders

No. 85

Detail for the Court

Col M. Montgomery 25^th Wis. Vols.

Col Geo. C. Rogers 14^th and 15^th Ills. Batt.

Maj T. P. Marshal 13^th Iowa Vols.

Maj P. H. McCauley 17^th Wis. Vols.

Capt J. M. Reid 15^th Iowa Vols.

Lieut H. M. Towne Co. "I" 1^st Mich Arty

Capt O. W. Pollock 63^rd O.V.I. Judge Advocate

No other Officers than those named can be assembled without manifest injury to the service.

By Command of

Maj Gen F. P. Blair

C. Cadle Jr

A. A. Genl

Proceedings of a general Court Martial convened at Goldsboro N.C. by virtue of the following order.

Head Quarters 17^th Army Corps

Goldsboro N.C. April 3^rd 1865

Special Order

No. 85

A General Court Martial is hereby convened to meet in the town of Goldsboro on Tuesday April 4^th 1865 or as soon thereafter as practicable for the trial of 1^st Sergeant Arthur W. McCarty Co "E" 78^th Ohio ___ Vols Infantry, and such other cases as may come before it.

Detail for the Court

Col M Montgomery 25^th Wis Vols

Col George C Rogers 14^th and 15^th Ills Batt

Maj T P Marshal 13^th Iowa Vols

Maj P. H. McCauley 17^th Wis. Vols

Capt J. M. Reid 15^th Iowa Vols

Lieut H. Towne Co. "I" 1^st Mich Arty

Capt O. W. Pollock 63^rd Ohio Judge Advocate

No other Officers than those named can be assembled without manifest injury to the Service.

By Command of

Maj Gen F. P. Blair

C. Cadle Jr

A. A. G. 17^th A.C.

Goldsboro N.C., April 6^th, 1865

9 O'Clock A.M.

The Court met pursuant to the above order.

Present

Co. M. Montgomery 25^th Wis. Vols.

Maj. G. P. Marshal 13^th Iowa Vols.

Maj. P. H. McCauley 17^th Wis. Vols.

Capt. J. M. Reid 15^th Iowa Vols.

Lieut H. M. Towne Co. "I" 1^st Mich. Arty.

Capt. O. W. Pollock 63^rd Ohio Judge Advocate

Head Quarters 17^th Army Corps.

Department of the Tennessee

Goldsboro N. C., April 4^th, 1865.

Special Order

No. 86

Col. George C. Rogers, 14^th and 15^th Ills. Vol. Batt is hereby relieved from duty on General Court Martial now in session convened by S.O. 85 ___ XII of date April 3^rd 1865.

By command of

Maj. Genl. F. P. Blair

C. Cadle Jr.

AAG 17^th AC

The court then proceeded to the trial of Private Henry Quinn Co. E 78^th Ohio Vol Infy who was called into court and having heard the order concerning the court read was asked if he had any objection to any member named in the order. To this he replied in the negative. The court and Judge Advocate were then duly sworn in the presence of the prisoner. The Prisoner Private Henry Quinn Co "E" 78^th Ohio Vol Infty. was arraigned on the following charge and specification. Charge and Specification against Henry Quinn, Private Co "E" 78^th Ohio Vol. Infantry. Charge: Assault with intent to kill. Specification; In this that the said Private Henry Quinn . . . .

Head-Quarters, Seventeenth Army Corps,

Department of the Tennessee,

____ Alexandria, Va. May 22^nd 1865

Capt. S. O. Taggart

A. A. G. Army of Tenn.

Captain

I have the honor to forward herewith the proceedings of a General Court Martial in the cases of Sergt. A. W. McCarty "E" Co. 78^th Ohio Vols., Private Henry Quinn "E" Co. 78^th Ohio Vols., Sergt. O. H. P. Ewing "B" Co. 34th Ohio Vols. Private Henry Woltz "D" Co., 24^th Ohio Vols., Corporal A. C. H. Warner "B" Co. 9^th Ills. _____ Infy, with the copy of the orders in the several cases.

Very Respectfully,

Your Obdt. Servant

M______ __ M________

Major General

A blank page bearing only the notation: M M 3937 appears here.

Proceedings of a General Court Martial convened at Goldsboro N.C. by virtue of the following order.

Head Quarters 17^th Army Corps

Goldsboro N.C. April 3^rd 1865

Special Order

No. 85

A General Court Martial is hereby convened to meet in the town of Goldsboro on Tuesday, April 4^th 1865 or as soon thereafter as practicable for the trial of Sergt Arthur W. McCarty Co. "E" 78 Ohio Vols and such other cases as may come before it.

Detail for the Court

Col M Montgomery 28^th Wis Vols

Col Geo C Rogers 14^th and 15 Ills Batt.

Maj T P Marshal 13^th Iowa Vols

Maj P H McCauley 17^th Wis Vols

Capt J M Reid 15^th Iowa "

Lieut H M Towne Co I 1^st Mich Arty

Capt O W Pollock 63^rd Ohio Judge Advocate

No other Officers than those named can be assembled without manifest injury to the service.

By Command of

Maj Genl F P Blair

C Cadle Jr

A A Genl

Goldsboro NC April 5^th 1865

10 Oclock A.M.

The court met pursuant to the above order.

Present

Col M Montgomery 25^th Wis Vols

Maj T P Marshal 13^th Iowa Vols

Maj P H McCauley 17^th Wis Vols

Capt J M Reid 15^th Iowa Vols

Lieut H M Towne Co "I" 1^st Mich Arty

Capt O W Pollock 63^rd Ohio Judge Advocate

Absent

Col George C Rogers 14^th and 15^th Ills Batt

Received the following communication from Capt C Cadle A.A.G 17^th A.C.

Capt Pollock

Col Rogers went to Morehead City last night to bring up some men of his ___ on orders. I will relieve him. You will have to "work" without him.

Respy (?),

C Cadle Jr

A.A. G

The Court then proceeded to the trial of Sergt Arthur W. McCarty Co "E" 78^th Ohio ___-Vol Infty who was called into court and having heard the order convening the court read was asked if he had any objection to any member named in the order. To this he replied in the negative.

The court and Judge Advocate were then duly sworn in the presence of the prisoner. The prisoner 1^st Sergeant Arthur W. McCarty Co E 78^th Ohio ___ Vol Infty. Was arraigned on the following charge and specification.

Charge and Specification against 1^st Sergeant Arthur W. McCarty Co "E" 78^th Ohio Vet(?) Vol Infty.

Charge -- Rape

Specification. In this that he 1^st Sergt Arthur W. McCarty Co "E" 78^th Ohio Vet Vol Infantry did commit rape on the person of Miss Martha Clowell in the house of her father Mr. James Clowell.

All this at or near Bennettsville S.C. on or about the sixth (6^th)day of March 1865.

Edgar P. Miller

Capt. 18^th Iowa Infty Vet Vol

And Asst Provost Marshall 17^th A C

To which charge and specification the prisoner pleaded as follows.

To the specification of the charge Not Guilty

To the charge Not Guilty

Private William S. Walker Co A 10^th Ills Infantry witness for the prosecution being duly sworn testifies as follows:

Question JA: What is your name and rank in the Army

Answer: William S. Walker. Private Co "A" 10^th Ills Infantry

Question JA: Do you know the prisoner

Answer: I know him when I see him

Question: Did you see the prisoner on or about the 6^th day of March 1865 and where

Answer: I did. About one mile from Bennettsville.

Question JA: Will you state all you know with reference to the prisoner having committed rape upon a woman in the vicinity of Bennettsville.

Answer: When we came into camp five of us started from camp foraging. Stuck to the right of the road. We had gone about three hundred yards (300) through the woods. We saw a house one hundred and fifty (150) or two hundred (200) yards from where we were. We started towards it. We saw a horse tied to the fence not knowing whose it was we singled out in sort of a line. Came up to the house. Three men went to one door and one went to the other side. When we came within about six yards of the house, we heard screaming and crying. Two of men were about two paces ahead of me. One of them passed into the large room. The other stopped at the door leading into a little room. I stepped to the man's side who was looking into the little room and I saw this man McCarty on the woman. She was crying and appeared to be very much frightened. By the time one of the other men came up and passed into the room as he came into the room he stopped just inside of the, McCarty rose up and buttoning up his pants remarked to the last man if he wanted any F. . . There was an easy going thing. To pitch in. He told him we did not and asked if he had any Whiskey. He said that he had some in his saddle bags and went to the saddle bags and there was some there. As we went out of the door for the whisky, this woman who been crying all the time went into the sitting room and when he found no whiskey in his saddle bags he said that he had left the bottle in the room, they went into the room where he said he had left the whiskey. We started onto get some forage. The man that went in with McCarty came up. We had stopped. We went back and called to the man (the father) to come out. The family appeared greatly frightened and all commenced crying. We told them we were not going to hurt the man. He came to the door. We went round the house and saw McCarty untying his horse to go. We stopped him and told him he was under arrest. He wanted to know what for. We told him. He said that he paid the woman, not knowing whether he paid her or not we released him. We started foraging then. He asked us what regt. we belonged to. We told him. We asked him what regt. he belonged to he said the 20^th Ohio. One of the boys asked him for some whiskey and he said there was plenty in Chiraw(?) at Genl Blairs Head Quarters. He left us then.

Question JA: When you first saw the prisoner have the woman down what did she seem to be trying to do.

Answer: She was crying and seemed to be trying to get up. She was so frightened that she was quite weak.

Question JA: What was she laying on when you first saw them.

Answer: Sacks of corn.

Question JA: What did she do when the prisoner got off of her.

Answer: She put down her clothes.

Question JA: What was this woman's name

Answer: I do not know

Question JA: What was the man's name at whose house this happened

Answer: I do not know

Question by court: About what age did this woman appear to be

Answer: Between seventeen and nineteen

Question by court: About how far were you from the house when you first heard the crying.

Answer: I should think about six yards

Question by court: What was the exact position of the two when you first saw them

Answer: The woman was in a half lying position. The man was on his knees between the woman's legs.

Question by court: When you first heard the noise was the woman so situated that you could have been seen by her.

Answer: No Sir.

Question by the court: Did you advance up to the house quietly or did you make a noise.

Answer: We advanced quietly. There was nothing said except in a whisper.

Question by the Court: When you saw them did either have hold of the other

Answer: I could not see his hands. She did not have hold of him.

Question by prisoner: What was I liberated after being arrested

Answer: For two reasons. One was that he said he gave her money. The other was, we were foraging and had other business.

Question by prisoner. Was there not considerable noise made when you entered on the porch.

Answer: Not more than we made {not legible} men stepping up on the porch.

Corporal Wm F Crawley Co A 10^th Ills Vet Vol Infty. Witness for the prosecution being duly sworn testifies as follows.

Question by JA: What is your name and rank in the Army

Answer: Wm F Crawley Corporal Co A 109^th Ills Vol Infty

Question by JA: Do you know the prisoner

Answer: I know him by sight

Question by JA: Did you see the prisoner on or about the 6^th day of March 1865 and if so where

Answer: I saw the prisoner in the afternoon about a fourth of a mile from the camp of the 3^rd Brigade. I think it was about a mile from Bennettsville.

Question by JA: State all you know about the prisoner having committed a rape on a woman in that vicinity.

Answer: What I saw was, there was four of us started out foraging and came to this house in the woods and seen a horse tied to the fence. We thought there was probably a rebel in the house and three of us went up to the right-hand corner and the other went to the left-hand door. And we three stepped up onto the porch. One man was in the advance of me. He stepped right into the door of the house where the family were and I stopped in front of another door in a little room. I saw the prisoner with a woman on some sacks and she rose at the same time crying for her mother. He did not get up immediately when we stepped up on the porch, as soon as the other man came through the house he got up. He then started to come out of the room and spoke to this man and wanted to know if he wanted any. He told him no. And the prisoner said if you do it is an easy going thing. The girl then got up and went in to her father and mother. While we were standing on the porch, we started off foraging then.

Question from JA: Do you know anything about the business of being arrested by any member of your party.

Answer: They were talking about it but he was not arrested to my knowledge.

Question by JA: What was the man's name at whose house this thing occurred.

Answer: I do not know

Question by JA: What position were the prisoner and the woman in when you first saw them.

Answer: The woman was on some sacks that appeared like corn. He had her pushed on it like and he was on his knees on the floor.

Question by JA: What did she seem to be trying to do when you first saw them.

Answer: She seemed to be trying to get up as she was partly raised up.

Question by court: Was her naked person exposed.

Answer: Yes. I could see her legs. He was in between her legs and had her clothes up.

Question by court: Was there anything in her appearance that denoted that violence had been used

Answer: Nothing only from her crying and calling for her mother

Question by Court: In what position were their arms at the time

Answer: I do not know but think that the prisoner had his arms around her

Question by court: Did you hear any crying before entering the house

Answer: I did not until we got on the porch

Question by court: What remarks did the prisoner make to you at the time

Answer: He said it was an easy going thing if you wanted any Just go right at it.

Private Robert Eaton "Co A 10^th Ills Infty Witness for the prosecution being duly sworn testifies as follows.

Question by JA: What is your name and rank in the Army

Answer: Robert Eaton Private Co A 10^th Ills Infty

Question by JA: Do you know the prisoner

Answer: I know him by sight

Question by JA: Did you see the prisoner on or about the 6^th day of March 1865 if so where

Answer: I did. Near Bennettsville.

Question by JA: State all you know about he prisoner having committed rape on a woman in that vicinity.

Answer: We started out from camp foraging. We gad gone between 1/4 and 1/2 mile when we came to a small opening in the woods where there was a small house. Saw a horse hitched with a citizen saddle on, we supposed it likely belonged to a rebel. We then surrounded the house. I rushed in the house and asked the old gentlemen where the man was that rode the horse. He and his wife were crying and pointed to the room where the prisoner was. I went to the door and saw him on top of the girl. He had her down on some sacks of corn. She was crying and trying to get up from him.

Question by JA: What was the name of the man at whose house this occurred.

Answer: I did not know his name

Question by JA: About what age would you think the girl was

Answer: I should think seventeen or eighteen

Question by JA: Did the prisoner get up off the girl as soon as you came to the door

Answer: Yes Sir

The prosecution was here closed.

Corporal Jacob S Mattson Co B 78^th Ohio Infty witness for the defense being duly sworn testifies as follows:

Question by JA: What is your name and rank in the army

Answer: Jacob S. Mattson Corporal Co B 78^th Ohio Infantry

Question JA: Where you with the prisoner on or about the 6^th day of March 1865

Answer: I was

Question by JA: State all that you know about what happened after entering Bennettsville on that day at a house in the vicinity occupied by Mr. Clowell and family.

Answer: Sergeant McCarty and I came into town together, there we were talking to a boy about twelve years old, we asked who lived out in the country on that road, pointing to the road that our Head Quarters were on that night. He said a family lived out there by the name of Clowell. We also asked him if there was any forage out there. He said he did not know whether there was or not but said he; There is a girl out there that can give you all you want. I said, give us what. You know I don't like to tell, we got on our horses and rode out the road, until we came to a white house on the left hand side. There Sergeant McCarty stopped. I went on the Clowell's house and after talking to the family a while and found out how the thing was. She and I went into a room on the porch. I found the thing was all right and I gave her one dollar in green backs. Then I had connection with the girl and got on my horse and started back to camp. On the road back I met Sergeant McCarty between Clowells and the white house on the left-hand side. He asked me how the thing was and I told him it was all right. He went on to the house. I went into camp that was all that I saw of him that day.

Question by JA: Who is Sergeant McCarty.

Answer: He is a member of our company.

Question by JA: Do you mean the prisoner when you say Sergeant McCarty

Answer: I do

Question: What was the young girl's name you gave the dollar to at Clowells

Answer: Martha, she said

The prisoner requested permission to call another witness. The court granted the request, but the witness could not be procured in time for todays session. The court adjourned at 1 oclock P M to meet again at 9. Oclock A M tomorrow the 6^th inst.

Second Day

Goldsboro NC April 6^th 1865

9. Oclock A.M.

Court met pursuant to adjournment

Present

Col M Montgomery 25^th Wis Vols

Maj T P Marshal 13^th Iowa Vols

Maj P H McCauley 17^th Wis Vols

Capt J M Reid 15^th Iowa Vols

Lieut H M Towne Co "I" 1^st Mich Arty

Capt O W Pollock 63^rd Ohio Judge Advocate

Col George C Rogers still absent at Morehead City.

The prisoner was then brought into court. The proceedings of yesterday having been read by the Jude Advocate and the testimony of the witness which was to have been called being found immaterial to the prisoner, 1^st Sergt Arthur W. McCarty Co "E" 78^th Ohio Vet Vol Infantry presented the following.

Defense

After entering the town I had nothing to do. The train was in the rear (???). I went to the country for forage for my horses. Myself and Corporal Mattson went out, that house was recommended to me as one occupied by women of bad repute, I went there with that idea, what I saw that convinced me that such was the case, after talking with the old folks some time the girl walked with me onto the porch, I asked her if I could sleep with her that night. She said she was engaged to another gentleman that had been there before me. We then walked into a little room where she consented to my having connection with her. I gave her a quarter of a dollar in silver, and some men came in suddenly when she began hollering. As the most of the circumstances occurred when nobody was present but the girl and myself, I have been unable to present the case in its true light to the court. The crime I am charged with is one at which my mind revolts, and I hope that the court will deal with me as lightly as possible as I feel myself entirely innocent of the charge.

Arthur W. McCarty

1^st Sergt. Co E 78^th OOVI

The Judge Advocate having no reply to make, the case was then submitted to the Court. The Court was then closed, and having maturely deliberated on the testimony advanced, find the prisoner 1^st Sergeant Arthur W. McCarty Co "E" 78^th Ohio Vet Vol Infantry

Of the Specification of the Charge Guilty

Of the Charge Guilty

And do therefore sentence him, 1^st Sergeant Arthur W. McCarty Co "E" 78^th Ohio Vet Vol Infantry

To be drummed out of the Regt -- to which he belongs, in the presence of the Brigade to which his Regt. is attached and that he be confined in such state prison as the proper authority may direct for the term of two years, and that he forfeit all pay and allowances now due him from the government.

M. Montgomery

Col 25^th Wis Vols, Presiding

O.W. Pollock

Capt. 63^rd OVS

Judge Advocate

Proceedings, findings and sentence approved. So much of the sentences, however, as relates to his confinement "in such state Prison as the proper authority may direct for the term of two (2) years," is hereby remitted.

That part of the sentence which directs that he "be drummed out of his regiment in the presence of the brigade to which his regiment is attached" will be carried into effect by the commanding General of the 3rd (?) Brigade, 3rd Div., 17 Army Corps, and Major J C Marrow, Provost Marshal 17 A.C. will deliver the prisoner to him for that purpose.

The commanding officer 78^th Ohio Vols. will cause the proper remarks to be made on the muster and pay rolls to carry the balance of the sentence into effect.

By command of

Major General F. P. Blair

C Cadle Jr.

Asst. Adjt. Genl.

The final page is the legal "jacket", which appears to say:

MM 3937

Proceedings of a General Court Martial in the case of Arthur W. McCarty E Co. 78^th Ohio Vols.