I hired a researcher at the National Archives to find the proceedings of the court and have just completed this transcription:

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Proceedings of a court of Inquiry convened near Priceville Miss by virtue of the following order Viz

HQurs Army of the West
Department No 2, July 8, 1862

General Orders No. 9.

I. A Court of Inquiry is herby ordered to be convened at or near these Headquarters beginning morning at 10 October for the investigation of the conduct at the Battle of Elk Horn of certain members of the Artillery Company formerly known as Harts Battery who claim exemption from the censure contained in the order disbanding the battery for Shameful conduct in the presence of Enemy.

Detail for the Court.

Capt Guibon Guibon’s Battery
1Lt Kay McDonald’s
Jr. 1LT Walsh Hades
Lt. John M. Langam Ladis
Detailed as Judge advocate of the Court. The court will nevertheless proceed provided of the majority of the members be present

By order of Maj Gen Price
(Signed) James M. Loughbrrough
A.A.G.

In consequences of the illness of Lt Langain he is relieved from the above detail and Capt Whitfield assigned a Judge Advocate of the Court

(Signed) James M. Loughbrrough
A.A.Genl

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Camp near Tupelo Miss, July 2, 1862

To Maj. Gen Sterling Price
Comdg Army of the West
Dr Sr.

By an order read at Cam Churchill Clark near Van Buren Arks on the 25th day of March last, Capt Wm Harts company of light Artillery was disbanded for Shameful misconduct before the Enemy

The Subscribers, members of Said Company respectfully Submit hat During the engagement near the Elkhorn tavern on the morning of the 8th of March, our battery to a position under a heavy fire from a Superior force of the enemy and although weakened in numbers by the cowardly desertion of many of our comrades we opened a brisk fire with case shot which we Kept up from three of our guns until we were ordered to “Limber up and get out of this” by Capt Hart. Three of the guns and their caissons were brought off the field the other gun and Cassion were left. The Sgt Commanding it and three of his drivers being killed or wounded. The horses that were not disabled ran away with the limbers therefore Some of the Company must have done their duty as Soldiers and were not liable to the charge contained in the aforesaid order.

We respectfully petition for an inquire regarding our Conduct.

Signed. Chase e. Stelle W.D. Moore
B.L. Allen N. B. Miltion
M.M Tice John Kennedy
Wm Masterson Jas Pitkins

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Capt W. C. Schaumberg. A.A. Genl 1 Brig, 1 Div
Army of the West being Duly Sworn Says.

Questions by Judge Advocate.

Please state what you know of the Misconduct of Capt Harts Battery light Artillery on the battlefield at Elkhorn on the Morning of the 8th March 1862.

Ans.

The battery was Serving with our Brigade at that time and was ordered into position on the right of the road leading to Elkhorn tavern, point Known as the “Murl farm (sic) field. I was off to the left of the road some fifty yards. I saw a limber of a caisson or piece with grey horses running to the read toward the tavern in a few moments the battery commenced leaving piece by piece, in no order and Seemingly under no command. I was Sent by the General to halt the battery but could not Succeed in doing so. Until having passed the tavern. And the position occupied by Genl Van Dorn. I found that it had already been halted at that place by him. They never returned to the field with us afterward. The had no orders to leave the field from Genl. Little and he was in command of the troops in that portion of the field.

M.M. Tice in compay of L. M. Brig being Duly Sworn Says.

Questions by Judge Advocate.

State what you know of the misconduct of Harts Battery on the field of battle at

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Elkhorn.

Ans.

I was a member of Harts Battery at that time we were ordered into the field below Elkhorn tavern. We went in just as the Texas Battery was coming out. The Texas Battery was Disabled in the place we were ordered to occupy. We were ordered in Battery there and commenced firing, and Staid there and did our duty as Soldiers until were were ordered to limber up and get out of there” by Capt hart with the exception of Some few men. Some Did not do their duty. We went in under a heavy fire and come out under a heavy fire. We remained there about an hour __________________________-.

Questions by Judge Advocate

State Whether or not Stelle, Allen, Masterson, Mooore, Miltion, Kennedy and Pitkins did their duty as true Soldiers

Ans.

They did.

Question.

Was the above named men Serving on the Same Piece with you.

Ans.

They were not. I could see them all the time. I am positioned ___ the above named men remained at their piece all the time.

M.D. Moore a private in Capt Mc Donald’s Battery being duly Sworn Says?

Questions by Judge Advocate.

State what you know of the Misconduct of Harts Battery on the field of battle at Elkhorn.

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Ans.

I was a member of Capt Harts Battery at that time. We moved down and took position on the riht of the road under a very heavy fire. Met Capt Goods Battery coming out. About two hundred yard from where were took position __ took our position. I supposed on the same spot where Capt Goods Battery had occupied. There was Some confusion as were went into Battery. Guns and Caissons were huddled together. The limber to the guns where I was at was broad side to the Enemy. I was action No. 6 to the gun and took my position in rear of the Gun limber. I passé a Shot to the gun and opened fire. WE had fired about a dozen of fifteen shots when I heard the command “Limber up” which apparently came from the left of our Caisson in rear of which I was standing. The firing ceased for a few minutes from our gun. And Capt Hart passed by where I had my position and same ordered to keep up the firing. There was one or two Shots fired afer this and considerable confusion on the whole Battery. At this time I heard the Command twice given distinctly “Limber up the guns and caissons began to move out after this. I left my own limber and slipped forward to assist another gun to limber up. The gun moved off the field at a good pace. I saw Capt Hart after this standing near a large tree giving instructions. I stood behind the same tree for a few moments.

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Until the enemy’s round of Shot was fired. I then left the field and over taken the Battery near the house again. Three of the guns and Caissons left the field. I did not know that a gun and casson had left the field until we got up to the Battery. No. 1 gun and its Caisson was left on the field. I think on _______________________________.

Question by Judge Advocate.

State whether or not you noticed the conduct of Stelle, Allen, Tice, Masteron, Milton, Kennedy and Pitkins, if so was it that of true Soldiers?

Ans.

I noticed the conduct of private Pitkins. He was on the Same gun with my Self as No. 3. He was apparently very cool. I notice him give instructions to No 1 to sponge the piece. Also Sgt Allen he was Sgt of No. _ gun an did his duty as Such. As far as my knowledge of a Sgt Duty goes. I also noticed the conduct of private Kennedy he was No. 6 on No 1 gun and did his duty well. Melton was disabled as were first went into Battery . From a limb falling on him which was cut off by a cannon ball. We left him at the hospital. The men that I noticed the conduct of was that of good Soldiers.

N. B. Milton a private of Capt McDonalds Battery being Duly Sworn Says.

Question by Judge Advocate.

State what you know of the Misconduct of Capt Hart’s Battery on the field of battle of Elkhorn.

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Ans.

As we went into position on Saturday morning and after we had passed the hospital about half way between there and where we too position, we met Capt Goods Artillery coming out of the position where it had been firing on the enemy in the corner of the field. We wert down and take the position that Capt Good had occupied I heard Capt Hart give the command “in battery commence firing.” After wer had fired about 13 Shots, he orders them to “Limber up and get out of there” at this time Capt Har was Standing about 30 yards from my piece by the Side of a large tree. I was at No. 4 Gun. No 4. Did not fire a shot during the engagement which lasted about an hour and a half. Our Sgt _ Corporal was not at the piece he was behind a bush holding his horse. There was but three men at our gun. Corp Stelle, myself, John OBrien. I heard Capt Hart after we had limbered up give the command to leave No 1 gun. After our gun was limbered up I heard him give the command distinctly to leave No. 1 gun two of the drivers of No 1 Limber Limbers was shot off. The wheel driver men by our gun and ____ against a tree. He cut the horses out ad took the horses back to the limber of the Caisson. The Captain passed out in front of his batter. He remained at the Side of the Road until the Battery had passed him. When the Battery reached the house he halted it and ordered Lt. Ringer to come back and get

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No. 1 gun. He and Lt Ringer both went back to the position when we had been firing he saw that the enemy was two close to undertake to hitch the horses to the guns.

Questions by Judge Advocate

State whether or not you noticed the conduct of Steele, Allen, Tice, Matherson, Moore, Kennedy and Pitkins if so was it that of true Soldiers?

Ans

I noticed Steele he Hollered for the boys to come and commence firing with the gun. Also noticed Tice he was at No. 1 post and did his duty as he ought to.

Chas Ringer a Sgt of Capt Guibon’s Battery being Duly Sworn Says.

Questions by Judge Advocate

State what you know of the Misconduct of Harts Battery on the field of Battle at Elkhorn?

Ans.

I cannot state and misconduct on the part of his battery. Where ______ of his men that the battery on Friday night. Three or four that left it on Saturday morning. There were two who behaved cowardly on the field. One was a Sgt of the 4th Piece. The other was driver. I was a Lieut. In the Batter at the time and the only one that was in the field at that time.

Questions by Judge Advocate.

State whether or not you noticed the conduct of Stelle, Allen, Tice. Masterson, Moore

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Milton, Kennedy, and Pilkins, if so was it that of good and true Soldiers?

Ans.

I noticed the conduct of them and many others who did their duty well as Soldiers. I suppose that we were in the Engagement about half of three quarter of an hour. During that time each performed their respective duties. At that time Capt Hart ordered to “Limber up and get out of there” When the 2nd Piece continued firing some three or four rounds. He again gave the order to “limber up and get out” in standing out with the piece the wheels became locked around a tree. The gunner of that piece went for an axe and cut the tree down. He gave order during that time to get out and leave the piece.

The court having the Statements before the, was cleard for deliberations and having maturely considered the Evidence adduced finds that petitioners as follows

That they were guilty of no misconduct whatever on the field of Battle at Elkhorn

H Guibon Capt and President

__________

Judge Advocate

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There being no further business before the court on motion it adjourned ___________.

H Guibon Capt and President

__________

Judge Advocate