The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-05-08
THE GENERAL COURT MARTIAL
The Case Of Isham Henderson.
TENTH DAYS PROCEEDINGS,

iTDQACt4s ~ - AHNEA n ptAA rs
provides that he shall pasture United states
| animals, both horses and mules, and also
| Furnish them with a certain smountoi corn
! salt and medicine. II provides Inst 1hey
| shall be paslured from the lst Of May al
the LIT Of Sentember, 1864. This is 10 be
| done near Bowling Greene, Kentucky.
The hooks Of Mr.. Burners Office were
| then produced, in which the receipts Of %
mules was noted.
All these documents were admitted as
| geuuine. by Col. Coyle, for Mr.. Henderson.
Tbe prosecution here closed, and the de-
! c.rsa commenced examining witnesses.
Mr.. C. II. Saunders sworn: / reside in
! Nasbvi.le, and am a clerk in the employ Of
/ Colonel Irwin. { A paper was here handed
! limg This paper is Transcript Of all the
orders and receipts issued from the corral
| bv VIM. Mckay Hoge, between the eth and
! 10Th Of July, 1864. ! made the transcript
| and can swear that it Is correct.
During this time he gave but one receipt
TO Isham Henderson, aud that was for 100
mules.
(Another paper was here handed him. }
This is transcript Of the corral order book
from the 4th TO the 9TH Of April, inclusive.
] made it myself, aud it is correct. The en-
tries Of orders for the 5th, 9th and 9TH Of
August are in the handwriting Of Mr.. Hoge.
The receipts 10 Isham Henderson were:
August 4, 1872 mules; August 6, % mules.
ABother paper was produced and given to
witness. This is q transcript from Mr.
Henderson's receiving books, from the 9th
| 10 the 18Th Of July, 1864. 1t differs from
the order book with reference to the items
of July 10th. Il has a note Of the receipt
Of fifteen mules from Mr.. lsham Hender-
son on that day, which the order book does
not show.
| have been on duty in Col. Twins Office,
and am familiar with Mr.. HOge's handwri-
| ting. The entries on the 10th Of July we're
not in his writing, but can't say in whose
they were made.
Another paper was produced. This Is a
| transcript OF the receiving book at the cor
| raj from the 4th TO the 9TH Of August, 1864,
! inclusive. transcript Of the receiving
and issuing books at Col. Twins oihce, from
| the eth to the 18th of July, 1854, was here
produced and proven. 1t contains the en-
| try of the receipt of fifteen mules on the
| 10th, and I06 on the 10Th.
Several other transcripts were also pro
| duced end proven, but they were only cor
| robOrative Of those already referred TO.
No cross examination.
Mr.. W. b. Phillips sworn: ! live SIX
miles north Of a}hville, on the Louisville
and Nashville Branch turnpike, and am a
| farmer. | have known Isham Henderson
since about June LIST, 1864. l pastured
| mules for Mr.. Isham Henderson in August,
| 1854. He had the use Of three large heldsJ
| and occasionally smaller ones IA addition.
! When mules were to be sent OF early on
| one dav, it was the custom 10 put them in a
| small lot on the day or night before. On
| Wednesday, the Sd of August, 1865, one
hundred and siXty-twO mules were separa
! ted and put in the lot TO send TO The corral
| and they we're driv+L out, either that even
ing or the next morning. On the 9Th Of
August, ia mules we're removed from my
field by q Mr.. j. r. Madison. These mules
belonged 10 Mr.. Henderson. These figures
were taken from his entries on his day book.
have no recollection Of any man named
Devine, who assisted in the charge Of the
mules, but have faint recollection of a
young man who was there while, who
may have been Of that name.
The next lot OF mules removed was 275,
/ on the 9TH Of August, which were all he had
| on my place. My pasture had become
/ short, and / could not keep them any longer.
Cross examined by Judge Advocate 1 do
not know of my own knowledge where the
| mules came from, when brought to my
! house nor do l know of my own knowledge
| where those taken away went to, except
! that they were driven IN the direction of
| Nashville. The pa mules taken away on
! the 9Th of August were not removed be-
| cause Of the shortness Of my paslurage.
| None Of these were returned to me; but
/ sometimes q part of those driven out were
brought back, but Tor what cause 90 not
| know.
| / was engaged in pasturing m1les for Mr..
| Henderson from June 9TH TO August 9th,
! 1864.
| There were no mules removed on the 9th
| Of August, at least there are no entries 20
| that effect on my books. These entries
we're made on the day of receiving or send
| ing away stock.
| Re-examined: When mules were separa-
| ted on any day, they were not sent away till
| the next. / made the entry and dated Il
on the day Of their separation.
Examined by the Court: The 2l4 mules
| removed on the 5th came in the direction o
Nashville, but / don't know positively thai
they came to the corral. ! don't know
where the 275 mules removed on the III
+ we're taken, but supposed they were sent L
Mr.. Hudson's place, where lot were being
pastured.
Mr.. j. r. Madison sworn 7 reside il
] Warren county, Kentucky, where l am su
. | perintending a saw mill. In July anc
| August, 1864, / was employed with Mr.
Isham Henderson, and it was my business
J 10 herd and drive stock for him. From tn,
first to the sixth Of August inclusive, wa
at Mr. NJ Phillips most Of the time. I ha'
charge of Mr.. Henderson's stock, at tn
place, during that time. ! selected Mr.
Henderson's stock from the fields, and su
pefintended sending them to the Govern
b. ment corrols. l selected out lot on tn
evening of the Sd Of August, to be taken t
l Nashville on the 4th, but don't recollec
the exact number.
! On the 9Th Of august selected lot Of 81
mules, for Mr.. Henderson, at Mr.. Phillip.
house. and they were sent 10 Nashville t
5 be inspected and sold to the Government
e A Mr.. Browning superintendent driviU
them into town, and suppose he had froI
S to ; assistants. Mr.. Browning also ha
/ charge of those driven in on the 4th.
l know Mr.. Devine, and he was with Nj
Browning and myself during the first wee
e | of August, 1864
On Ihe 9Th OF August, 1864, / removed q
u mules from Mr.. Phillips TO Mr.. Hendel
sons.
Cross-examined by Judge Advocate:
| went with Mr.. Henderson on or about u
10 80 Of June, 1864, and quit him on the 23d
| November of thai year, since which time
;. have been at home, working on farm or
g a mill.
had assistants in selecting the mule
% Three Of them were named Hunt, Harrinl
D ten and Lobe; there were others, but l .
| not recollect who they were. Two OF Il
| Brownings, Mr.. Gaines, a Mr.. Merrl
and Others drove the mules in town. l !,
peat, there were pa shipped on the ST.
o. and a number, l DO not rec0llect no
many, on the Sd.
on the 4th, after the drove had been ser
% away, there were 2s9 mules left, beside
s some mules rode by drivers; but Of theI
l., 23I were put in on the day.
= Ionly know that the mules sent on th
: 81 came to town, from reports dlrecte
. them to be sent there, and the men returne
/. and reported they had taken them Their
/. / know they started in the direction
town.
went 10 Mr.. Phillips about the 10th
Y June, but did not take charge Of the bool
@ till the 2sth l was only driving as a ham
g | became foreman soon after Mr.. BrOWnln
+ the old foreman, took sick.
= Mr.. Browning returned TO Mr.. Phillip
u on or about the Slst OF July, 1864. He ?,
d sides, l believe, in Logan county, Ky. L
# only remained at Mr.. Phillips'a part Of Il
frsI week n August, being in town pa
of the time. ! know he was away on Fl
e day and Saturday nights, and proosb
e others, as he was in and out all the ume'
] remember dates and numbers, by re.e
ring TO my memorandum, and from CT
cumstances.
When Mr.. Browning left with the mule
8 on the 5th, he did not return to fhllhi
! till the following Sunday morning. We
iS to Ny. Hudsons with the drove OF
q mules. but Mr.. Browning had charge OF q
e. matter. l only counted them as they we
~ out at the gate, and then followed on SIT
them. There we're some mules at Mr. HU
son IS before this drove got there, but dor