Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1876-08-26

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sor or not, will have to "pay the piper
! in defence of rights most dear to him.
b1 Col. BAYLOR AND GEN. KELLEY.
"A few days ago Gen. B. y. Kelley
and wife visited Col. r. W. Baylor, Of
this County, with whom the General
had very peculiar and friendly relations
during the war. 1t will be remembered
that during the war drumhead court
martial condemned Col. Baylor to be
hung for alleged violation Of a flag OF
truce, and it was by the interpesltlon Of
General Kelley, then commanding the
department. who was satisfied the evi-
dence did not sustain the charges, that
Col. BAYLOR was not executed. Subse-
quently it was in the power of Col. Bay
lor in a measure 10 reciprocate the kind
ness of the General, who became prls-
oner in the hands Of the Confederates.
1t was great pleasure, no doubt, to
Col Baylor to extend to Gen. Kelley
and wife the Inequalities of his home
Gen. Kelley happened to be in the Cum
berland Ntw, office, a day or two since,
and was asked the particulars by the
editor. Gen. Kelley related them as
follows -
Early in the war man who had a
ferry at IIarper's Ferry was in the habit
of ferrying across into Maryland, and
safety and freedom, runaway slaves and
refugees from the South aud as General
Lee wished the practice stopped he sent
Col. Baylor with detachment of sol
diers to arrest the ferryman. When
the Confederates appeared at llarpers
Ferry, the ierryman retired to Tie
MARYLAND shore and there was every
indication that he didn't propose to re-
turn to the Virginia side while the
rebels remained there, so they resorted
to a decoy in the shape OF bandker-
chief tied 10 bayonet, which decoy
the ferryman took for flag of truce
and started across the river. When he
reached the shore the soldiers ordered
him to surrender, but, being endowed
with more pluck than discretion, no
seized his gun and made gallant de,
fence. Of course his fire was returned
and he was killed. Abou: year after
ward Col. Baylor was captured by Gen.
eral Kelleys troops, and the friends OF
the deceased ferryman requested Secre,
retay of War Stanton to have him tried
| bv court-martal for violation OF flag
of truce and murder Accepting their
! statement as correct the Secretary order
ed the court-martal and it was held and
Colonel Baylor found guilty on both
specifications and sentenced to be hung!
Tie papers came to General Kelly for
his approval, and after examining into
the case, made up his mind that the
white handkerchief was simply decoy,
as really there could be no such thing
as fag of truce between the regularly
constituted soldiers and private clti-
zen, and that the killing of the ferry
man, much as it was to be regretted,
was war and not murder. He there
fore disapproved the finding Of the
court and sent the papers to the Secre-
tary of War. The Secretary was not
pleased with the action of the General
and referred the papers to another Off
Ger, who agreed with General Kelley.
This did not satisfy the Secretary and
he referred the documents 10 Judge
Advocate General Holt, who said there
were informalitics in the trial, and the
Secretary ordered another court-martial,
which was had, and similar YER
dict and sentence was the result ! Cen
eral Kelley again disapproved the
finding, the Secretary of War again re-
terred the papers to other officers, whs
this time agreed with General Kelley,
and the sentence was anuulcd. Some
time afterward President Lincoln heard
of the case and sent dispatch to Gen
eral Kelley, thanking him for his action
in the matter, and saying that he was
glad to know that an officer Of his army
had the courage TO do right in spite Of
the opposition of court martial and his
superior officers.
OF this commentator from the Great
Humanitarian, General Kelley was and
Justly proud. Col Baylor keenly ap-
preciated the wisdom and determination
Of his preserver, and has shown his
gratitude at various times and in many
Nuays